Diversion rather than prison granted after Heath woman has sex with teen boy

Just wondering if this Prosecutor would consider "Diversion Programs" for all the men sent to prison for similar or lesser offenses?

5-28-2011 Ohio:

NEWARK — A Heath woman who had sex with a 15-year-old boy and his relative who encouraged the relationship have a chance to avoid prison.

William B. Green, 38, and his neighbor Amy R. Harble, 26, pleaded guilty to unlawful sexual conduct with a minor and were placed into a diversion program run through the prosecutor’s office.

If Green and Harble successfully complete the program, they would not be convicted, face prison time or have to register as Tier II sex offenders.

But Licking County Common Pleas Court Judge Thomas Marcelain said their actions were a stretch for the program that was established for individuals in serious relationships made illegal by their age difference.

Although the two weren’t typical candidates for diversion, the program was an appropriate choice, Licking County Prosecutor Ken Oswalt said.

“There will be some odd cases,” Oswalt said.

Green, last known address 1100 Thornwood Drive, Lot 804, was interested in Harble, but when she refused his advances, he repeatedly asked if she would have sex with his young relative, said Harble’s attorney, Rob Calesaric.

On Oct. 17, Harble needed a ride and Green offered one. Green told the 15-year-old boy Harble would be a good sexual partner, Licking County Assistant Prosecutor Brian Waltz said.

Harble and the 15-year-old boy had sex in the back of Green’s extended cab truck while Green drove around Licking County, Assistant Prosecutor Tracy Van Winkle said.

“I think what he (the boy) was looking for here was to please (Green),” Van Winkle said.

Green also helped the teenager sneak out while a relative was sleeping so the boy could have sex with Harble at her home, 1100 Thornwood Drive, Lot 921, between Oct. 17 and Nov. 30, Waltz said.

Green warned the boy not to tell anyone because they could get in trouble, Waltz said.

A relative contacted Heath police after noticing something wrong with the teenager. When interviewed, the boy told police about the sexual conduct, Van Winkle said.

Green gave no explanation for this actions. Harble, who is treated for bipolar and borderline schizophrenia, was in a “weak mental state” during her interactions with the teenager, Calesaric said.

“I think she can avoid being put in this position again,” Calesaric said.

Licking County Common Pleas Court Judge David Branstool accepted Green into diversion Tuesday, at the recommendation of the prosecutor’s office, defense attorney Andrew Sanderson and the teenage victim.

“This is what (the victim) wants to see,” Waltz said.

Green’s guilty plea will be suspended for three years as he completes the diversion program. If he violates the terms of diversion, he could face six years in prison, Branstool said.

“You got a lot of time on the shelf here,” Branstool warned.

Harble appeared in front of Marcelain on Wednesday. She shouldn’t be more culpable for the incidents than Green who instigated the relationship and drove them around, Marcelain said.

“On that basis alone, I will hold your guilty plea in abeyance for three years,” Marcelain said. She faces two years in prison if she violates diversion.

The judge questioned whether the prosecutor’s office would offer a male offender diversion.

“I don’t think you would,” Marcelain said.

Van Winkle said the situation, not the defendants’ genders, warranted diversion. A trial would have been “extremely traumatic” for the boy, she added.

“It’s a bizarre case,” Calesaric said. ..Source.. by Jessie Balmert