Lorain/Elyria, OH
Burge tosses convictions in Head Start case
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Lorain County Common Pleas Court Judge James Burge today made a stunning decision: He tossed out the cases of convicted Head Start bus driver Nancy Smith and Joseph Allen.
The pair, whose convictions have been questioned over the years as they sat in prison with little of hope of release, have been freed since Burge agreed with their lawyers that there was a problem with their sentencings and agreed to re-sentence them.
But instead, today he simply tossed the cases — a Rule 29, in legalese –which means he determined that prosecutors didn’t present enough evidence at trial to convict them.
The sparsely attended hearing — at which Smith and Allen were present — erupted when Burge announced he was acquitting them of all of the charges.
Smith and Allen were convicted of sexually assaulting children who were Head Start students. Smith was accused of driving children to Allen’s home, where the abuse allegedly occurred.
For more on this breaking story, check out The Chronicle’s Thursday edition.
Read More
Woman convicted in molestation case may get new hearing
Nancy Smith afraid of losing freedom again
Prosecutors appeal judge’s order in Smith case
Court greenlights Smith resentencing
Appeals judge upholds Joseph Allen’s release
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A History of The Head Start Case
May 1993
The first allegations of sexual misconduct are reported to Lorain police, launching an investigation that spans months and draws massive publicity.
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A History of The Head Start Case
Nov. 10, 1993
Head Start bus driver Nancy Smith is indicted on charges of gross sexual imposition, attempted rape, rape and complicity to rape. She is accused of taking four and five year old children on her bus route to the Lorain home of Joseph Allen, where the pair allegedly molest them. Allen is indicted on compelling prostitution, rape and felonious sexual penetration charges.
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A History of The Head Start Case
May 11, 1994
Smith indicted on an additional gross sexual imposition charge. Allen indicted on additional charges of compelling prostitution, rape and gross sexual imposition.
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A History of The Head Start Case
July 25, 1994
Smith attorneys make a motion for separate trials for her and Allen, claiming Allen’s prior criminal record will keep Smith from receiving a fair trial. Then-Lorain County Common Pleas Judge Lynett McGough rejects the request.
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A History of The Head Start Case
Aug. 3, 1994
Smith and Allen convicted of the charges against them on the 9th day of their jury trial. McGough sentences Smith to 30-to-90 years in prison. Allen receives five consecutive life sentences.
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A History of The Head Start Case
July 17, 1996
Lawsuit filed against Lorain County Community Action Agency by the victims in the case.
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A History of The Head Start Case
Jan. 25, 1996
Smith’s conviction upheld by the 9th District, OSC later declines to hear the case.
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A History of The Head Start Case
Jan. 24, 1997
A second lawsuit is filed against LCCAA, but it is merged with the initial lawsuit.
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A History of The Head Start Case
Aug. 27, 1997
Allen’s conviction is upheld by the 9th District Court of Appeals. The Ohio Supreme Court later declines to hear the case.
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A History of The Head Start Case
Jan. 28, 1998
Smith’s conviction is again upheld by the 9th District.
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A History of The Head Start Case
May 11, 1998
Chronicle-Telegram columnist Paul Facinelli, who had covered the Smith case extensively, sues then-Chief Assistant County Prosecutor Jon Rosenbaum.
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A History of The Head Start Case
May 12, 1998
Facinelli fired from The Chronicle over the lawsuit.
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A History of The Head Start Case
June 4, 2003
Judgment entered for plaintiffs against LCCAA in the civil lawsuit. The victims were awarded $1.5 million each.
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A History of The Head Start Case
July 16, 2003
Smith’s attempt to reopen her appeals case rejected by the 9th District.
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A History of The Head Start Case
Feb. 12, 2005
The Head Start case is the subject of an episode of the Discovery Channel series “Guilty or Innocent?”
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A History of The Head Start Case
Feb. 20, 2007
The Ohio Parole Board declines to grant Smith parole at her first hearing, saying that Smith is in “denial” because she won’t admit that she’s guilty of the charges she was convicted of.
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A History of The Head Start Case
Oct. 1, 2008
Smith’s attorney, Jack Bradley, challenges the sentencing entry that sent Smith to prison on technical grounds and asks for a new sentencing hearing. Prosecutors later counter that the error is typographical – Judge Lynett McGough failed to note that Smith had been convicted by a jury – and can be corrected with a new entry.
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A History of The Head Start Case
Feb. 4, 2009
Smith is released from the county jail after county Common Pleas Judge James Burge finds that Smith is entitled to a new sentencing hearing because of a technical problem with the original hearing. He sets bond at $200,000 and Smith is freed about two hours later after a childhood friend puts up three pieces of property as collateral for her bond.
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A History of The Head Start Case
Feb. 7, 2009
Smith tells The Chronicle-Telegram that she is afraid of being returned to prison.
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A History of The Head Start Case
Feb. 12, 2009
Prosecutors appeal Burge’s decision to resentence Smith to the 9th District Court of Appeals
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A History of The Head Start Case
April 14, 2009
Burge rules that he can resentence Allen and orders him freed on bond, which his family posts later that day. Prosecutors also appeal Burge’s decision in Allen’s case.
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A History of The Head Start Case
May 11, 2009
The 9th District Court of Appeals dismisses the appeal of Burge’s decision, saying it cannot review the judge’s decision until Smith is resentenced.
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A History of The Head Start Case
June 10, 2009
The appeals court dismisses the appeal in Allen’s case on the same grounds as in the Smith case.
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A History of The Head Start Case
June 24, 2009
Saying he wasn’t convinced Smith and Allen were guilty after an extensive review of the case, Burge acquits them both.
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It’s about time! THANK YOU JUDGE BURGE for showing the wisdom to see through the crap of Prosecuter Greg White and his henchman Rosenbaum, for their whitch hunt tactics, and unlawful persecution of two people that have had to suffer for his pleasure.
Judge Burge you have restored my faith in the legal system.
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Me, too, RjR!
I was getting a little iffy with Judge Burge after some of the Death Penelty stuff, but this one definitely earns him a BIG ATTABOY!
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Are you all crazy. This guy that we somehow elected as a ‘judge’ who last week blamed video games for a kid killing his mom AND shooting his dad AND trying to make it look like a murder suicide, just let two child molesters go scott free. Hey, we all ought to move to Lorain County and start committing crimes. with any luck, we’ll get Judge Burge and never have to take responsibility for our crimes. On second thought, with this guy on the bench, maybe we all ought to stay away from Lorain County.
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@ Gideon,
These people are innocent. No one wants to see a person spend 15yrs of their life behind bars for a crime they didn’t commit. Its a shame that it happened to Smith and Allen. If you get a chance look into the case and you will see that they were not guilty.
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THAT JUDGE HAS TO GO
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THAT JUDGE HAS TO GO.HE COULD NOT WIN ANY CASES WHEN HE WAS A ATTORNEY NOW HES DOING THIS TO THE PEOPLE OF LORAIN COUNTY
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How many other people did Prosecutor “Rosenbaum” withhold evidence he knew would prove people innocent? How this man still has a licence to practice Law is a shame.He is nothing but a SPINELESS pice of work.Too bad his son didn’t aim a little higher if he only had a Heart.
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I agree with Lloyd. Rosenbaum was nothing but a bulldog in this county hoping for Greg White’s job when Greg White moved on. Too bad that didnt work out for him. I am sure alot of innocent people spent time behind bars because of Mr Rosenbaums tatics. I applaud Judge Burge for doing what is right in the Lorain County Justice system. He was a great attorney and an even better judge. Time for a change people! The old Lorain County good ol boy club of judges & prosecuters are over! Keep up the great work Mr. Burge!
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Those of you who disagree with Burge regarding this should really research the case before you comment further.
Both of these two were railroaded by the justice system and have finally been set free.
If I were Smith and Allen I would be seeking the best civil attorney money could buy and make the people responsible for this miscarriage of justice pay dearly.
My first target would be Rosenbaum.
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Let’s not forget McGough {Judge} and Rosenbaums boss Greg White. Without these Three Stooges they might have gotten a fair trial.McGough heard the trial without a jury. Denied all the evidence that would have set them free.Greg White finely got rid of Rosenbaum because who knows? I bet if you ask anyone of the “Three Stooges” If these people were guilty they will answer “YES”. How do they sleep at night?
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