OH- Former police chief doesn’t have to register pending appeal

See earlier story:

8-25-2008 Ohio:

COLUMBUS - David L. Harrison does not have to register as a sex offender while he's out of prison.

The Ohio Supreme Court on Friday granted a motion by the former police chief to stop local prosecutors from imposing sex offender registration and relocation requirements while he's out of prison awaiting an appeal to the high court.

Harrison, police chief in Wapakoneta from 1988 to 2002, sought the emergency motion with the high court on Friday. Harrison sought the motion, through his attorneys Dean Boland and Brandie Swickrath, two days after the Auglaize County Sheriff's Office sent him a letter threatening to seek an indictment for failure to register if he did not schedule an appointment to register as a tier II sex offender.

"It's fairly unprecedented that the Supreme Court would release someone to begin with and then secondly that they would stay all proceedings against that person as they're out in the community," Boland said. "The Supreme Court usually doesn't take this active a role in these cases."

Harrison was released from Chillicothe Correctional Institution on Aug. 18. Harrison, 55, had been incarcerated for two years on a six-year sentence for child pornography-related charges. The Ohio 12th District Court of Appeals in its ruling granting the appeals bond did not specify that Harrison would be required to register, Boland noted in his argument seeking the stay.

Boland argued that Auglaize County Prosecutor Edwin Pierce was trying to force Harrison to register quickly in order to prevent Harrison from challenging the registration requirements. Pierce had set a deadline for this morning, Boland said in court records.

The Ohio Supreme Court in May agreed to hear Harrison's appeal of his conviction. On Friday, the court set oral arguments in the case for Nov. 19. Justice Robert Cupp, who previously served on the 3rd Ohio District Court of Appeals in Lima, recused himself from the case on Monday.

"If I was the state of Ohio I do think I would be interpreting this as the case is trending toward the Supreme Court looking favorably on our arguments," Boland said. "These are favorable rulings. He's encouraged by that. We like the way it's going, he's out with his family again."

Harrison was convicted in March 2006 in Madison County on 15 counts of illegal use of a minor in nudity-oriented material, two counts of unauthorized use of property and one count of theft in office.

Harrison appealed his conviction to the Supreme Court in February. The 12th Ohio District Court of Appeals in Middletown denied a similar appeal in December. The high court in May agreed to hear Harrison's case.

As part of the appeal, Harrison is seeking a reversal of his conviction citing double jeopardy violations. ..News Source.. by Bob Blake