9 Years Ago Today...

9 years ago today 3 year old Dalton Springer died. He was a sweet and caring young boy with his whole life ahead of him. 3 years ago Dalton was brutally beaten to death by someone that he trusted. You have all heard the story from this blog and if you have ever been to a CCFHV event, you know that we plaster Dalton's' story all over the place. Aside from my cousin Michael, his story has hit me the hardest. Never was a child let down more so many times by so many people in such a short time. No one protected him from harm. No one. The loving family members that tried, could not. He was beaten to death. He had a history of abuse and it was allowed to continue. To this day Dalton is still being abused. His body lays in an unmarked grave at the Memorial Cemetery below the cross not in "BabyLand" where most children are buried, but in an open field that most people don't even notice. Donations were given to at least put a candle on his grave and the permission from the family was never given to us so that we could place the candle on his little grave. He was 3. HE WAS 3!!!!! The stories that we have heard since finding out about Dalton have been horrific. A lot of finger pointing, a lot of remarks left on the blog. Look at his face....Just take a moment and LOOK at him. What on earth could this precious little boy have possibly done to deserve what was done to him? I mourn Dalton. I feel as if I knew him and I will NEVER let him be forgotten. EVER!! Do you hear me??? Do you hear what I am saying?? To whichever piece of crap that did this, I will NEVER let this go. Calling you a coward, just doesn't even seem close to fitting. It takes a really tough person to beat up on a defenseless little 3 year old. Dalton will be remembered. He is remembered everyday by those that did love him and by CCFHV. We carry his candle with us everywhere now. Dalton is part of us. Personally, I have given up all hope that he will have justice in this life but I pray that the wrath of God shows you the same kind of consideration that you showed Dalton while you were beating on him. R.I.P. Dalton and know that you were loved by the good people in your life and that you are loved by me. And to YOU...You know who you are...You..the person that took this little life...You that walk around today as if nothing has happened and YOU...who thinks that there will never be a Judgement Day...Let me tell you...YOU are so wrong!!

Appeal filed in Irwin Murder Conviction

Appeal filed
prosecutors challenge overturning of andrew irwin murder conviction

By MARY ANN GREIER/mgrier@reviewonline.com


LISBON - Columbiana County prosecutors filed an appeal with the Ohio Supreme Court Thursday afternoon to challenge the overturning of the Andrew Irwin murder conviction, arguing the appellate court changed the rules regarding new evidence.

"If allowed to stand, criminal defendants may now choose, as a legitimate trial tactic, not to proceed with evidence known to them at trial, and instead, use such evidence as a basis to seek a new trial if the outcome of the original trial is unsatisfactory," the 15-page document said.

Irwin, 28, of East Liverpool, remains jailed in a state prison where he's been serving a sentence of 15 years to life for the August 2006 murder of 21-year-old Emily Foreman, who was stabbed multiple times at her Liverpool Township residence and later died.

His trial attorney, George Kafantaris, had his license to practice law permanently revoked when he was disbarred for life earlier this year due to dishonest dealings with clients in Trumbull County.

The 7th District Court of Appeals ruled Irwin didn't receive a fair trial in March 2007 because his attorney provided ineffective assistance, although the court found no basis for numerous errors Irwin's new attorney tried to claim occurred during the trial.

The court also ruled that Common Pleas Court Judge C. Ashley Pike abused his discretion when he denied Irwin's motion for a new trial based on alleged new evidence presented during a two-day hearing shortly after his conviction.

In the memorandum explaining the reasons why the high court should take the case, the prosecutors claimed the 7th District Court created a lesser standard for evaluating motions for new trials with its decision, used conduct from a hearing for a new trial motion as a basis for finding defense counsel was ineffective during the trial, deemed evidence as new even though the defendant knew about it before trial and expanded its powers for fact-finding.

"The appellate court's ruling changes the established legal standards and will have far-reaching ramifications for countless criminal trials in the state of Ohio," the document said.

The document was signed by Prosecutor Robert Herron and assistant Prosecutor Ryan Weikart. Weikart said they also filed a motion to stay the appellate court's decision to overturn the conviction and send the case back to Columbiana County for a new trial, pending a decision by the Ohio Supreme Court.

According to the rules, newly discovered evidence must show a "strong probability" that it would change the outcome of a trial. With the decision in the Irwin case, the 7th District Court demonstrated use of a standard which says newly discovered evidence can show a "strong possibility" that it "could" change the outcome.

The appellate court cited testimony during the hearing on the motion for new trial from two people who claimed Greg Todd admitted to killing Foreman, saying their testimony "may have been just enough to create a reasonable doubt as to (Irwin's) guilt in the mind of at least one juror."

Weikart and Herron noted that since "'anything is possible,' it is imperative that our standards of judicial review deal with probabilities, not mere possibilities."

They also argued that the 7th District Court failed to make specific findings where actions by Irwin's trial attorney were prejudicial and lessened the standard by considering what "may have" been prejudice. In several instances, the court found no prejudice while pointing out what the defense attorney should have done, even alleging the jury may have developed a dislike for him as his pattern of behavior continued, which the prosecution said was speculation.

The prosecution also pointed to the court's notation that counsel was ineffective for failing to make a record on whether Irwin was shackled during the trial, although it found the defendant wasn't shackled.

"The 7th District asserts mysteriously that counsel was ineffective for failing to make a record of an event that never happened," the memorandum said.

Another argument was that the appellate court pointed out conduct by Kafantaris at the new trial hearing, which occurred after the jury made it's decision, in order to support its decision that the accumulative effect of his actions made him ineffective.

"It cannot be said that prejudice occurred at trial based upon conduct that never occurred at the trial and had no bearing on the jury's verdict," the memorandum said.

As for the argument against the newly discovered evidence, the prosecution said the defendant would have known about Todd since the two witnesses said he was there when this other person allegedly committed the murder and was in jail when this person supposedly confessed, meaning the evidence couldn't be newly discovered.

The appellate court also made it's own findings of fact, which an appellate court isn't supposed to do. The appellate court's job is to review the record. In its decision to overturn, the appellate court made note that the defendant denied making a certain statement, but the defendant never testified. The appellate court also noted the fact that Kafantaris was disbarred, which the prosecution pointed out was for conduct unrelated to the case before it.

Casino Money

County not betting on casino revenue
By TOM GIAMBRONI/Staff Writer
POSTED: November 15, 2009
LISBON - Columbiana County could receive $5.2 million a year in gambling tax revenue resulting from the recently passed state Issue 3, with $2.1 million of that going to local school districts.

These figures came from an analysis of the state ballot issue passed by voters in the Nov. 3 election, which allows placing casinos in Cleveland, Columbus, Cincinnati and Toledo. The analysis was performed by the group pushing the ballot issue.

County Commissioner Penny Traina was provided a copy of the analysis at a late September meeting of the County Commissioners Association of Ohio. According to the analysis, the casinos would generate an estimated $651 million in tax revenue in 2012, with the money to be distributed among every school district and all 88 counties. State government would also receive a share of the proceeds.

County schools would reportedly receive $2.1 million, with Columbiana County commissioners getting the remaining $3.1 million.

Traina remains skeptical, pointing to what occurred in the early 1970s when the lottery came to Ohio. The tax revenue generated by the lottery was to go for education but there ended up being no real net gain, as the state legislature eventually began using the new funding to take the place of existing school funding.

"A concern is are we going to supplant revenue (received from the state) or is it going to supplement it," she said.

But if the projections hold true, Traina said they would obviously be thrilled to have an extra $3.1 million to work with every year.

"Oh, gosh, it wouldn't be like we would spend it all, but it certainly would help cushion the (budget) shortfalls we experience every year," she said. "We would continue to be conservative in how we spend it, but it would give us flexibility."

The extra money would come at a time when county revenue from the sales tax and other sources has begun to drop due to the lingering recession. It would also provide commissioners with some extra money they could use as matching funds needed to secure state and federal grants for economic development projects.

But Traina said commissioners would still be careful how they spent any extra money, mindful of the need to avoid putting the county in precarious situation if the tax revenue declined or dried up.

"Just because you have that extra revenue doesn't mean you should spend it," she said.

Issue 3 may not survive in its current form, however. Gambling opponents are preparing a ballot issue of their own for the May election that would address what they say are weaknesses in Issue 3.

tgiambroni@mojonews.com

Body Found In Ohio River

Body of local man found in Ohio River
Review Staff Reports
POSTED: November 10, 2009


HOPEWELL TOWNSHIP, Pa. - Preliminary reports suggest the body of a local man missing since Sunday night was discovered floating in the Ohio River on Monday.

The body of Michael Smith, 43, of the East Liverpool or Wellsville area, was found floating in the water near the Ambridge-Aliquippa Bridge in Hopewell Township, Beaver County.

Officials with the Beaver County Coroner's Office indicated an autopsy will be conducted to determine the cause of death.

Smith was working on the river when he disappeared at approximately 10 p.m. Sunday night. A body was found at around 11 a.m. Monday.

Officials in Ohioville, Pa., are leading the investigation.

A Great Idea!

I think this is a wonderful idea! Way to go Detective Fickes!!


Prosecutor picks Liverpool officer as first award recipient
By MARY ANN GREIER
POSTED: November 3, 2009

LISBON - Veteran East Liverpool police officer Det. Don Fickes received some attention he wasn't expecting Monday - a plaque recognizing his excellence in the line of duty from Columbiana County Prosecutor Robert Herron.

Herron praised his work ethic and said he was a natural choice for the first Outstanding Law Enforcement Office Award, although a modest Fickes said he was "just shocked" and gave all the credit to his co-workers.

"You're only as good as the guys you work with. Right now we have an excellent crew, guys who know how to preserve the evidence," he said.

He specifically pointed out the excellence of his fellow detective, Darin Morgan, saying they keep each other in check and balanced.He also acknowledged a strong working relationship with the prosecutor's office.

"Year in and year out, Don's a guy who knows what to do, goes out and does it and gets the job done," Herron said, adding he's committed to his community, to making it a safe place to live.

Too often, he said they're always hearing about the problems and incidents where there's a lack of evidence or problems with investigations.

"In all that, we've lost the fact that there are a lot of police officers that do excellent work, that are committed to doing good work and are committed to their community," Herron said.

He explained that his office will begin recognizing good police work with the outstanding officer award, honoring different police officers who have demonstrated in their career the commitment to do excellent work.

The first award was presented during a prosecutor's workshop for local police officers held at the Emergency Management Agency building in Lisbon.

Herron said they try to get together on an annual basis to offer officers information on search and seizure, the taking of statements, testifying in court and other fundamental issues for law enforcement. He said they like the face-to-face contact, giving officers a chance to ask questions and receive answers.

The workshop gives them a better idea of what the prosecutor's office expects and what the law allows them to do.

At one of the sessions Monday, a representative of the Bureau of Criminal Identification and Investigation, which handles analysis of evidence from crime scenes, talked about identity theft. Herron said officers were eligible to receive continuing education credits for attending. More than 60 area officers attended.

Fickes joined the East Liverpool Police Department in 1981 and was named detective in 1990. He resides in East Liverpool with his wife, Debbie Callen-Fickes, and has two daughters, Nicole and Jennifer.

mgreier@salemnews.net

A Balloon Launch For Victims Of Domestic Violence

Belinda and I went to a Balloon Launch today for Victims of Domestic Violence In Lisbon.
It was here at the Catholic Charities Building. There was a nice gathering inside and we were treated to coffee and donuts. We listened to some great speakers and one very brave woman who told her story of abuse by her X-husband and how she has become a survivor. Her courage and strength to get through her ordeal has been amazing. She worries that, while her abuser got 5 years in jail for what he did, he gets out in 2012. What will she do then?
This is the wreath in front of the court house that helps to remind people of the need for support for the victims of Domestic Violence in Columbiana County.
Here is Belinda, waiting for every one to arrive at the Gazebo to launch their purple balloons.
As we have seen with our red heart shaped balloons, we watched them soar into the sky.
And right into this tree. For me, I won't soon forget the reason for them being there and how important it is to help support the people in our lives who have gotten the courage to get out of a violent relationship, or worse, the ones still trapped in them. CCFHV will be there to offer what ever support we can.

Update on Kylee and Noah

Kylee Houshour and her infant son Noah have been found safe and sound!!!!
A special "Thank you" goes out to Sheriff's Deputy Michelle Wiley and of course lead detective on the case Officer Joseph Brophey of St. Clair Township!
Great job everyone!!!

The family would like to also thank all of the friends, family and people of the community that were so helpful in providing information, and being supportive threw this very difficult time!!!

A Letter To Kylee Houshour

Kylee,
My name is Belinda and I am the founder of the Columbiana County Families of Homicide Victims and Missing Persons.
I am writing this letter to you in the hopes that you will receive it or word about it.
First let me say that I don't know anything about your situation and what if anything caused you to leave home.
My ONLY concern is for your safety and the safety of Noah.
I met with your parents and friend Beth yesterday. Reguardless of your reasons for leaving if that is in fact what you did, I did find that everyone had different opinions on why but EVERYONE did have the same common desire and that was that you please contact someone in your family or Beth and let them know that you are okay.

I hope that you and Noah are okay Kylee and if you would rather contact me, my phone number is 330-424-5603. You can just leave a message that you are okay.
I hope that this letter finds you safe.
Belinda


And if anyone out there has any information on Kylee or Noah, please contact the St. Clair Township Police Department.