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 The Vietnam Memorial Traveling Wall passes through downtown Wapakoneta Wednesday, September 1. Staff photo/William Laney By CARLA MEYER
Staff Writer
For 45 minutes, the roar of motorcycles could be heard passing under an American flag hanging from two ladder trucks. For 45 minutes, area residents gathered in the shadow of the Auglaize County Courthouse and Wapakoneta Fire Station waved and clapped as motorcyclists rode by.
The smiles and waves turned into clapping and cheers as the Vietnam Memorial Traveling Wall passed down Willipie Street on its way to Custenborder Field in Sidney where it was greeted by a field of American flags.
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Saturday, 02 May 2009 |
By MATT NICHOLS
Staff Writer
Criminal misdemeanor charges against a Botkins Local School teacher have been dismissed, and an administrative review also found the teacher to be in the clear.
Botkins School teacher James Smith has been cleared of any wrongdoing in a case which stemmed from claims made by two Botkins High School students.
One count of gross sexual imposition, and two counts of unlawful restraint, third-degree misdemeanors, were dropped by the Shelby County prosecuting attorney on April 22, a day prior to the start of a scheduled jury trial in Shelby County Municipal Court in Sidney.
According to court documents, the charges against Smith were dropped because “a recent transcript presented by the defendant establishes the lack of supporting testimony in that the witnesses are lacking recall.”
The entry with the court stated the two students were willing to take a polygraph test, but due to the Ohio Revised
Code, the state was prohibited from proceeding any further.
Smith’s attorney, Rob Wiesenmayer II said he believed justice was served when the charges were dismissed.
“There was not any evidence of wrongdoing,” Wiesenmayer said. “We’ve been trying to get to the bottom of this since the accusation started. The bottom line is he did nothing wrong, and finally, hopefully, he can go on with his life.”
Botkins Local School Superintendent Connie Schneider said Botkins Board of Education members would consider the administrative review’s findings during a future board meeting. They met in executive session on Wednesday but no action was taken.
“The Board of Education has received the referee’s report,” Schneider said. “Under Ohio law, after consideration of the referee’s report, the board may accept or reject the referee’s recommendation on the termination of Mr. Smith’s employment.”
The separate administrative review was held to determine if Smith should continue to teach at Botkins. After nine days of testimony by witnesses from both parties, the impartial hearing officer, or referee, recommended that Smith had done nothing wrong. On March 27, that referee submitted a 27-page report which concluded the Board of Education had not proven their case.
According to the Botkins Police Department report, the charges against Smith stemmed from a November 2007 incident at the school prior to a home basketball game.
In the report, a 15-year-old female high school student stated Smith approached her in a dark hallway and would not let her get away, stepping in front of her when she tried to walk away. According to the report, the student said after Smith pressed his chest against her, she kneed him in the groin area and ran away.
It was nearly a year before charges were filed in September 2008. After the initial report was filed, another female student said in a police interview that Smith would drop pencils on the floor and have girls pick them up to stare down their shirts or their rear.
Smith was placed on administrative leave by Schneider on Sept. 9. Board members met the following week in executive session, most likely to discuss the situation.
In a written statement submitted to the Wapakoneta Daily News by Smith’s family, one family member cried foul about the money the school has put forth in an investigation that has essentially turned up nothing.
“By the time the Board of Education pays the referee for his services, it will have spent approximately $150,000 to $160,000 to pay it’s attorneys, the referee, the court reporter, the transcript and other expenses in connection with the termination proceeding that resulted in Mr. Smith’s favor,” the statement read.
The statement went on to urge Board of Education members to accept the referee’s decision, saying if it doesn’t, board members will continue to waste money on attorneys. If the board decides to re-instate Smith, it will owe Smith back pay for the months he has been suspended.
Calls to Shelby County Prosecuting Attorney Tonya Thieman and Dennis Pergram, who represented Smith in the administrative review, were not returned.
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Last Updated ( Monday, 04 May 2009 )
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