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Wednesday, February 6, 2013

Stark County Taxpayer Challenges Criminal Fine Being Sent To Newtown

Posted By on Wed, Feb 6, 2013 at 1:45 PM

Thomas Marcelli, on behalf of Stark County's taxpayers, is challenging a move by Judge Frank Forchione.

The judge sentenced Jackson High School basketball coach Scott Studer to five years in a prison and a $5,000 fine after the man was found videotaping boys in the locker room showers. That $5,000 was then sent as assistance funding to Newtown, Conn., according to the AP, just a month after the Dec. 14 shooting.

Per state law, Marcelli argues, the money should stay within Stark County. The judge is reviewing the challenge, though Marcelli's attorneys say that independent prosecution should handle the matter.

Canton attorney Craig Conley filed a complaint last week seeking judgment of the law that maintains fines like the one in question must be paid to the county treasury. Via The Alliance Review:

Conley also asks the court to declare that a Common Pleas Court judge has no authority to cause criminal fines to be paid to any entity other than to the treasury of the county in which the fine was assessed. In addition, Conley requested Marcelli's court costs be paid, along with any other relief to which he may be entitled under the law.

Interestingly enough, the judge was quoted as saying he doesn't believe in "creative sentencing."

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