Delinquent: Eric, 15, was bound over for violent crimes, while another 15-year-old facing near-identical char

Delinquent : Eric, 15, was bound over for violent crimes, while another 15-year-old facing near-identical charges remained in the juvenile systemIn recent years, discretionary bindovers in Cuyahoga County have plummeted, but there’s still variability among transfer rates for the juvenile court’s six judges. The stakes couldn’t be higher. But their decisions are hardly objective and sometimes don’t mirror one another, as Eric’s case shows.

Delinquent: A psychologist said Desianiah could reform within the juvenile system, but a judge disagreed, sent her to adult court As many cases in Cuyahoga have shown, that decision is hardly objective. In the hands of different judges, two cases with similar fact patterns can have different outcomes. While Eric faced the prospect of spending the rest of his formative years behind bars with adult offenders, another 15-year-old accused of similar crimes landed on another judge’s docket, and got to stay in the juvenile system, where he had access to treatment and intervention services.

Unpersuaded, Judge Jennifer O’Malley transferred Eric to adult court, citing, among other things, his failed probation after his first felony offense and a second case pending, in addition to the armed robbery allegations.He now believes the system failed him.Last December, four years after Eric’s case, another teen with strikingly similar circumstances appeared for an amenability hearing before a different judge.

Note: Vercillo was a visiting judge. Celebrezze and McDonough were elected in 2022, replacing Corrigan and Ryan, respectively. In 2022, however, she presided over just four cases, granting none – prosecutors withdrew two of the requests as part of plea deals, the analysis showed, and she denied the others. That same year, as President of the Ohio Association of Juvenile Court judges,to the Ohio House of Representatives advocating to eliminate mandatory bindover and entrust decisions about “who does or does not belong in the adult criminal justice system” to judges.

Most notable is the court’s Administrative Judge Thomas O’Malley. He reviewed slightly more bindover cases than Floyd, during the four-year period, but granted nearly twice as many. He ordered transfer in 9 of 14 cases in 2019 and all eight of his cases in 2022 – he’s the only county judge with 100% bindover in any year.

Source: Law Daily Report (lawdailyreport.net)

@Exmeter Delinquent Bindover Cuyahoga County Juvenile Justice

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