THURSDAY, FEBRUARY 22, 2001
Loss of judge delays Neff case again
By Jefferson Wolfe
Staff Writer
They went into the hearing to determine if an attorney could stay on the case, but wound up losing the judge.
Judge John Hunter excused himself Wednesday from the case, in which former Sheriff H. Weldin Neff and Dennis Smith were indicted April 9, 1998.
Neff and Smith are accused of stalking former dispatcher Alice Dohner. The offenses allegedly happened April 17, 1996-June 24, 1997.
The two men have requested a jury trial, which was to begin March 5, 2000. The trial will be pushed ahead, further delaying a case that already is almost three years old.
Hunter, who is a retired Wyandot County judge, was appointed to preside over the case because both Seneca County judges had stepped aside.
Wednesday afternoon's hearing was called because of a motion filed by Special Prosecutor Tom Matuzak that Dean Henry -- attorney for Neff and Smith -- be removed from the case.
It began with Bureau of Criminal Investigation and Identification Agent Rex Russell testifying for about an hour. Hunter called the attorneys into a conference in his office. When they emerged, he announced that he was withdrawing from the case.
Hunter said he did so reluctantly and apologized to the attorneys, but said he recognized some of the names being used as the hearing progressed. The judge felt he could not be fair and impartial, and wanted to avoid any appearance of impropriety.
This means a new visiting judge will have to be found and appointed. The biggest impact is that the trial will be further delayed, Henry and Matuzak said.
"Judges are judges the world around and they all try to do the right thing," Matuzak said. "If we get another judge like Judge Hunter, we will be happy to proceed with the case."
Hunter did not rule on the motion to remove Henry as the defense attorney, leaving that for his replacement.
Seneca County Common Pleas Court will try to find a judge who will take the case. If court officials can not do that, the Ohio Supreme Court will be asked to appoint one.
Dohner left her job in April 1998, saying she had been constructively discharged because of a pattern of harassment. She also filed a $5 million lawsuit in federal court stemming from the same allegations as the case against Neff and Smith.