By Gary Ogle
gogle@wbcowwqel.com
A defense attorney told Judge Sean Leuthold that the county prosecutor was purposely trying to burden him and his client right before trial. Thomas Nicholson appeared in Common Pleas Court Friday along with his client, 38-year-old Jared Slagle of Galion. Slagle is charged with fourth-degree felony drug possession and scheduled to go to trial before a jury on Tuesday.
Nicholson had asked for discovery of all evidence Assistant Prosecutor Ryan Hoovler had and told the judge he had just received this week 10 new pages of information along with information already turned over. In addition, Hoovler gave Nicholson an additional “10 to 15 pages” on Friday along with notice that the prosecution had located a key witness against Slagle in addition to finding taped conversations and texts to be used as evidence against Slagle.
Nicholson’s position that with two working days before the trial, he didn’t have time to assess the new information properly, even as to its credibility and relevance.
“They throw this on us in order to burden us,” Nicholson said while comparing the resources the prosecutor has to those in his office. “Everything is a last-minute grind. That’s very unfair.”
Nicholson added that it was improper and did not comply with the rules of disclosure.
Hoovler said he was trying to comply with Nicholson’s request and giving the defense attorney the entire file of evidence, even if the majority had previously been turned over, was a “failsafe way” to make sure nothing was left out.
Leuthold offered Nicholson the opportunity to make a motion for a 30-day continuance and indicated that if made, he would grant it. But Nicholson said he would proceed to trial as scheduled.
Leuthold ruled the prosecution could use the items with certain stipulations and ordered the taped conversations and texts must be provided to Nicholson no later than the end of business Friday.
Leuthold also ruled on a motion by the prosecution to quash a subpoena by Nicholson involving the Children Services departments of both Crawford and Richland counties. Leuthold agreed to grant the subpoenas, but limited the records requested to relevant information between the dates of Dec. 8, 2013 and Dec. 8, 2014.
A final pre-trial meeting between the judge and attorneys was set for Monday. The maximum prison sentence for a fourth-degree felony conviction is 18 months.