The 2017 OPAA Fall Training will have AEquitas back to present on protecting your case through the appellate process and also expert testimony in domestic violence and sexual assault cases; we’ll have an overview of recent changes to OVI law; a continuing presentation on evidentiary rules including marital privilege, physician privilege, expert testimony and others; major criminal case decisions from the Ohio Supreme Court; and an overview on dealing with public and private as well as independent colleges on sexual assault cases. We will also have complete CLE required credits for “professional conduct”.

Thursday, September 14th

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:30 Making It Stick: Protecting the Record for Appeal
Obtaining a conviction in a sexual assault or domestic violence case is usually a hard-won victory. Having a case reversed on appeal can result in a re-trial with stale evidence, reluctant witnesses, and a victim who is forced to re-live the case when she is finally beginning to heal. Though the appellate process is unavoidable, a prosecutor can bring a measure of finality to the criminal justice process by carefully building a strong and favorable trial court record that supports the conviction and the sentence imposed and withstands challenge on appeal. This presentation will discuss the proper creation and protection of the record during all phases of a criminal case, focusing on investigation, charging, plea agreements, trial preparation and strategy, summation, and sentencing.
Teresa M. Garvey, Attorney Advisor
AEquitas: The Prosecutors’ Resource on Violence Against Women
Washington, D.C.

10:30 - 10:45 Break

10:45 - 12:15 Providing Context: Introducing Expert Testimony in Domestic Violence and Sexual Assault Cases
Assumptions about victims of violence and how they “should” react often conflict with the way victims actually respond to physical and emotional trauma. If left unexplained at trial, these misconceptions can severely impact the outcome of a case. Experienced professionals familiar with the effects of trauma and the range of individual responses to trauma can provide judges and juries with the necessary context to ensure that they are making informed decisions based on the evidence. This presentation will focus on common victim responses to trauma, as well as their impact on fact finders' assessment of victim credibility in domestic and sexual violence cases. The presenter will summarize the law related to the introduction of expert testimony and highlight the importance of deciding how and when to introduce it. The presentation will also focus on strategies for identifying experts and how to use experts during the investigation and preparation of a case for trial, even if the testimony will not be introduced.
Teresa M. Garvey, Attorney Advisor
AEquitas: The Prosecutors’ Resource on Violence Against Women
Washington, D.C.

12:15 - 1:15 Lunch

1:15 - 2:45 Conviction Integrity Reforms (Professional Conduct)
As prosecutors, we are implicitly committed to the notion of conviction integrity. None of us want to convict an innocent person. However, it is not enough to rely on the good faith efforts of those who work in our offices. We will discuss steps that can be taken to mitigate the risks of wrongful convictions and for ensuring that the public has confidence that the convictions are of those guilty.This session will also look at Brady, Giglio, discovery, and other issues that might test ones professionalism.
Matthew Meyer and
Jose A. Torres
Both Assistant Prosecutors from Cuyahoga County Prosecutor’s Office

2:45 - 3:00 Break

3:00 - 4:00 Ethics For Prosecutors (Professional Conduct)
Failing to correct false testimony in the grand jury; failure to disclose impeachment information about a Grand Jury witness; conflicts for prosecutors engaging in private practice; prosecutor providing testimony in case his/her office is prosecuting; representing different state agencies that are opposed to each other; negotiating plea agreements that includes waiver of appellate issues; does defense counsel have any duty to notify the court of error?; disclosure of favorable evidence to the defense; new ways to encourage an ethics investigation. Sounds like a full hour! These issues will be examined from the perspective of Supreme Court Board Opinions, court decisions and the Ohio Rules of Professional Conduct.
Jonathan E. Coughlan, Director
Professional Responsibility and Disciplinary Proceedings
Kegler, Brown, Hill and Ritter
Columbus, Ohio

Friday, September 15th

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Improving Prosecutions of Sexual Assaults Occurring at Private Colleges
Sexual assault cases are some of the most difficult to prosecute; for those occurring in private college communities, prosecutors can potentially face additional challenges in obtaining comprehensive police investigations and in securing convictions. This session examines the challenges of investigating and prosecuting private college campus sexual assaults and offers lessons based on the presenter’s experience for creating circumstances most likely to lead to positive interactions between institutions and law enforcement and most likely to lead to successful prosecutions.
Rebecca Leitman Veidlinger, Esq.
Higher Education Sexual Misconduct Consultant/Investigator
Ann Arbor, Michigan

10:00 - 10:15 Break

10:15 - 11:45 Did My Witness Just Call Defense Counsel An Obnoxious Jerk? What Every Prosecutor Must Know About Witnesses. (Part two, the sequel!)
As a prosecutor or trial attorney, we all have our horror stories about witnesses. In this presentation, we will examine issues relating to witnesses including prejudicial statements from witnesses, witness privilege, expert witnesses, court witnesses, recalling witnesses, and other issues relating to witnesses. The goal of this presentation is review the evidentiary rules and case law regarding witnesses and how to confront these issues.
Philip D. Bogdanoff
Retired Career County Prosecutor

11:45 - 12:45 Lunch

12:45 - 1:45 Major Criminal Case Decisions From The Ohio Supreme Court
A summary of Ohio Supreme Court criminal cases impacting Ohio prosecutors from 2016-2017.
Judge Sean C. Gallagher
Cuyahoga County Court of Appeals

1:45 - 2:00 Break

2:00 - 3:00 OVI Law Update
Presentation will include discussion of various trends in the way OVI cases occur and are prosecuted in the state of Ohio. Focus will be on more recent developments in detection of drugged driving cases through use of Drug Recognition Experts and how to present their testimony effectively in court; updates on legal challenges like Birchfield; and legislative updates like the expansion of the look-back period.
Daniel J. Cable, Senior Assistant Prosecutor
Franklin County

WE HAVE REQUESTED CREDIT FROM THE SUPREME COURT OF OHIO COMMISSION ON CONTINUING LEGAL EDUCATION FOR 10.00 HOURS, WITH 2.50 HOURS OF ATTORNEY PROFESSIONAL CONDUCT INSTRUCTION.

Guest rooms at the Wyndham are $143.00 single or double occupancy. Reservations can be made by calling the Wyndham at 216-615-7500 or 866-270-6768. Be sure to tell them you are with OPAA to receive this rate. Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check-in or late check-out are on a case-by-case basis. Cancellation policy: by 12:00 noon of the scheduled arrival day. Our hold on rooms expires on Saturday, September 2nd. Payments to Hotel: The Wyndham prefers credit cards or cash transactions. If a personal check is presented, the hotel will verify that funds are available before accepting the check. If a county wishes to pay for hotel charges with an office check, it must be presented to the hotel at least ten (10) days in advance. Presenting it at the time of check in may cause a long delay. Parking: valet parking, $24.00/night; self parking, $15.00/night – 1-1/2 blocks from the hotel.

The registration fee for OPAA members is $250.00 if attending both days, and $125.00 if attending one day only. For non members the fee is $500.00 for both days, and $250.00 for one day. These fees cover all handout materials, continental breakfast, and lunch both days, and refreshments at breaks. To help defray the cost of food guarantees, cancellations after Friday, September 8th will be assessed a penalty of $110.00 if scheduled to attend both days, and an $85.00 penalty if scheduled for one day only.

NOTE: If any registrant has special dietary needs, contact Delores or Diana at 614-221-1266,
so that advance arrangements can be made with the venue. OPAA will accommodate requests
as long as they can be supplied by the venue without additional cost. Any additional cost must be borne by the registrant and they will be notified in advance.