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Attorney Praises Dismissal |
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Thursday, 04 February 2010 |
By MIKE BURKHOLDER
Managing Editor
ST. MARYS — The Columbus attorney for a St. Marys teacher cleared of
public indecency and voyeurism charges says the dismissal of the case
was the right call.
“I think the system worked,” attorney Jonathan Tyack told The Evening Leader. “We are very happy that he has been vindicated.”
Prosecutors in Allen County Tuesday dismissed the misdemeanor charges against Tom F. Elsass, 55, of Wapakoneta. Tyack said credibility issues with the two witnesses in the case — a man and his 6-year-old daughter — played a role in the dismissal.
“That was the main issue,” Tyack said. “A 6-year-old is problematic based on her age (because) under Ohio law, witnesses are presumed incompetent under the age of 10.”
Tyack also said the adult witness in the case had credibility issues — including being investigated in a handful of incidents. Tyack praised prosecutors for deciding to dismiss the case based upon the information available to them.
“When she (Chief Prosecutor Tammie Hursh) took a long, hard look at the case, she ultimately concluded she couldn’t prove it beyond a reasonable doubt and I think it was absolutely the right thing to do,” Tyack said.
Hursh told The Evening Leader the decision to drop the case was the result of a lack of evidence. She also said the 6-year-old girl would have faced a competency hearing to determine if she could have served as a witness in the case.
“We had continued to interview the witnesses and looked at what evidence was available at the school in terms of tapes and based upon that review and discussion with the attorney, we decided we didn’t have sufficient evidence,” Hursh said. “It’s difficult to call a 6-year-old to the stand and testify in a case.”
Hursh said there were surveillance tapes at the Elida Fieldhouse. However the tapes did not show any illegal activity.
“They were motion sensing and the motion that would have kicked off the camera wouldn’t have been in the area where the alleged offense occurred,” Hursh said. “It was too far away.”
The motion to dismiss came as a trial for Elsass was scheduled for Feb. 18. On Sept. 3, Allen County deputies reported Elsass was observed outside the Elida Fieldhouse, and in between two cars, touching himself inappropriately. Elsass, who was not arrested, appeared in municipal court on a summons and pleaded innocent to the charges.
On Sept. 11, members of the St. Marys Board of Education — on the recommendation of Superintendent Mary Riepenhoff — approved a resolution to place Elsass on unpaid suspension and proceed with the termination of his employment. Elsass is scheduled to have a termination hearing March 4 and March 8.
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Last Updated ( Monday, 08 March 2010 )
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