Posts Tagged ‘early release’

TueNov13

Judge grants Stacy Schuler’s request for early release

Posted by rrichardson November 13th, 2012, 12:59 pm Post a Comment
Stacy Schuler

Stacy Schuler hugs attorney Charlie H. Rittgers after a Warren County judge granted her motion for early release. Schuler was convicted of 16 counts of sexual battery in October 2011 for having sex with five students. The Enquirer/Gary Landers

Former Mason High School teacher Stacy Schuler walked out of prison Tuesday afternoon after a Warren County judge granted her request for early release.

Schuler, 34, has been at the Ohio Reformatory for Women in Marysville serving a four-year sentence following her conviction on Oct. 27, 2011, for having sex with five students and providing them with alcohol.

The former health and physical education teacher was found guilty of 16 felony counts of sexual battery and three misdemeanor counts of providing alcohol to minors. The incidents occurred between August and December 2010 at her Springboro home.

“I’m glad that the judge saw that one year in prison, the loss of her teaching position and the fact that she has to register as a sex offender for the rest of her life is punishment enough,” said her attorney Charlie H. Rittgers.

Schuler was processed and released from Warren County Jail at 2:30 p.m. Tuesday afternoon, just hours after the judge issued his ruling. Rittgers said she will be living with her parents in Montgomery County because she has lost her home. Schuler’s home was sold in February for $215,000, below the home’s assessed value of about $240,000.

She and her parents, who attended the hearing, declined to comment. But in a statement during court, Schuler acknowledged not setting appropriate boundaries with students and allowing substance abuse to cloud her judgment.

“I know that I can’t take back some of the things that have happened and there will be lifelong consequences from my actions and I’m very sorry for that,” she said. “I continue to pray that God brings peace to these families, the teachers and others who have been harmed by my actions.”

Schuler told Warren County Common Pleas Judge Robert Peeler that she had used her year in prison to participate in programs that will “prevent me from making very bad decisions in the future.” She attended weekly Alcoholics and Co-Dependents Anonymous classes, took courses in domestic violence and setting boundaries, attended religious services and is undergoing treatment for bipolar disorder and depression.

Prosecutors argued that Schuler, who faced decades in prison on the charges, already received a break in sentencing and that her early release would send the wrong message about the ways in which male and female sexual offenders are treated.

One of the five victims testified in court Tuesday morning. The lingering emotional turmoil has caused him to take a leave from his college classes, he told the judge.

“I trusted Ms. Schuler during a rough time in my life and she used that trust against me,” he said. “Most people in society feel that it’s every 17-year-old male’s fantasy to sleep with their teacher. Being young and naive at the time, it was. What most people fail to realize is that this fantasy could be turned into a nightmare that I’m still living in today.

Parents of some of Schuler’s victims testified that their sons continue to suffer emotional trauma and public embarrassment.

“One teacher, five students, 16 counts of sexual battery, three counts of offenses involving underage students, 12 months in prison; it amounts to just under three weeks per count,” the mother of one victim said. “It is appalling and I strongly object. Our lives have been ripped apart, torn upside down.”

All five teens, who were about 17 years old at the time, gave graphic testimony in the four-day bench trial. They said that Schuler was drinking alcohol at the time of the incidents, was a willing participant and initiated much of the contact.

Schuler’s attorney argued she suffered from a host of medical and psychological problems exacerbated by her use of Zoloft and copious amounts of alcohol.

Peeler said he believed Schuler suffers from mental health and substance abuse issues, but sentenced her to four years, with the possibility of early release after serving only six months.

Schuler’s attorney applied for early release on May 31, but the judge ordered additional psychological testing before he would consider the request.

Peeler said he received dozens of letters of support for Schuler, including one from one of her victims who felt Schuler needed mental health treatment and had served enough time in prison. Two other victims asked the judge to keep Schuler locked up.

Peeler said he made his ruling based on the seriousness of the crimes and Schuler’s likelihood to re-offend.

“I find that a sanction other than continued prison time would adequately punish this offender and would adequately protect the public from recidivism,” he said. “It is impossible to make everyone happy in a situation like this. In my heart, and considering every factor, I think this is the right decision.”

The judge ordered Schuler to five years community control, during which time she must undergo drug and alcohol treatment, psychological treatment and counseling for sex offenders.

She is not permitted to profit from her story for the period of her probation and will also have to register as a sex offender for the rest of her life.

 

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Will judge let ex-Mason teacher out early?

Posted by rrichardson November 13th, 2012, 8:49 am Post a Comment

Stacy SchulerUPDATE: Follow the hearing live on Twitter @Mason_Buzz

A former Mason High School teacher convicted of having sex with several students could find out today if a Warren County judge will let her out of prison early.

Stacy Schuler, 34, is scheduled to appear at a 11 a.m. hearing in Warren County Common Pleas Court.

She was convicted in October to 16 felony counts of sexual battery and three misdemeanor counts of providing alcohol to minors in 2010 at her Springboro home. She is serving four years with the possibility of early release after serving only six months.

Schuler’s attorney has said she suffered from several medical and psychological problems exacerbated by her use of Zoloft and copious amounts of alcohol.

The former health and physical education teacher now leads yoga and general education classes for her fellow prisoners, undergoes mental health treatment for bipolar disorder and participates in a group for sex offenders.

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ThuNov8

Ex-Mason teacher’s hearing pushed back

Posted by rrichardson November 8th, 2012, 2:18 pm Post a Comment
Stacy Schuler convicted

Stacy Schuler is led from the courtroom after being sentenced to four years in jail.  The Enquirer/Gary Landers

Former Mason teacher Stacy Schuler will have to wait a few more days to see if a Warren County judge will grant her petition for early release from prison.

A hearing on the motion scheduled for Friday has been pushed back to 11 a.m. Tuesday in Warren County Common Pleas Court.

Schuler, 34, was convicted last October on 16 felony counts of sexual battery and three misdemeanor counts of providing alcohol to minors.  The encounters occurred in 2010 at her Springboro home.

Schuler’s attorney argued she suffered from a host of medical and psychological problems exacerbated by her use of Zoloft and copious amounts of alcohol.

Warren County Common Pleas Judge Robert Peeler said he believes Schuler suffers from mental health and substance abuse issues, but sentenced her to four years, with the possibility of early release after serving only six months.

Schuler’s six months were up April 27, but her attorney, Charlie H. Rittgers, didn’t apply for early release until May 31.

“When somebody requests early release, they have one shot at it.  If the court denies it, the person has to serve out their sentence,” he explained.

Peeler held an in-chambers pre-trial hearing on the petition in July and ordered additional psychological testing before he would consider Schuler’s request for early release.

Rittgers said his client is a model prisoner at the Ohio Reformatory for Women in Marysville.

The former health and physical education teacher leads yoga and general education classes for her fellow prisoners, is undergoing mental health treatment for bipolar disorder and participates in a group for sex offenders.

Schuler and 62 other people wrote letters that Schuler’s attorney filed in support of her motion for judicial release in July.

Mark Krumbein, a Cincinnati attorney who’s been following the case, said that it’s uncommon for a judge to indicate when a person would be eligible for judicial release.

“You usually can’t count on it unless a judge gives you some indication.  It sounds like he at least has an open mind to that,” he said.  “In Stacy Schuler’s case, she’s got a lot of good mitigating circumstances in her life that would be big factors for Judge Peeler.”

However, he said that a similar case out of Warren County, that of Kings Junior High School teacher Lisa Karabinus, might set a precedent on what a judge considers sufficient penalty.

Karabinus, who was convicted in 2000 of having sexual relations with a 13-year-old student and sentenced to four years, was also eligible for release after six months.  She served two years of that sentence.

Warren County Prosecutor David Fornshell said he would continue to fight to keep Schuler locked up.

“To release her after only one year demeans the seriousness of the offenses, and would send a bad message to others who might commit similar offenses,” he said.  “Ms. Schuler was already given a break when she was sentenced to only four years.  The public interest is best served by requiring her to fully serve the sentence that was imposed.”

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FriNov2

Ex-Mason teacher seeks early release from prison

Posted by rrichardson November 2nd, 2012, 4:28 pm Post a Comment
Stacy Schuler Trial

Stacy Schuler awaits her fate at her October, 2011 trial. The Enquirer

A former Mason High School teacher convicted of having sex with students could soon walk out of prison if a Warren County judge grants her petition for early release.

Stacy Schuler, 34, was convicted of 19 charges last October: 16 felony counts of sexual battery plus three misdemeanor counts of providing alcohol to minors.

A hearing on her release is set for Friday, Nov. 9.

During the trial, Schuler, who pleaded not guilty by reason of insanity, claimed she didn’t remember the sex crimes because of a host of medical and psychological problems that were exacerbated by her use of Zoloft and copious amounts of alcohol.   Schuler had been diagnosed with bipolar disorder.

Warren County Common Pleas Judge Robert Peeler said he believes Schuler suffers from mental health and substance abuse issues, but rejected her insanity defense.

He sentenced Schuler to 48 months in prison, but said she would be eligible for judicial release, also known as “shock probation, which is an option for some Ohio offenders, in six months.

Schuler asked the judge to grant early release in May, after serving seven months of a four year sentence.

Peeler held an in-chambers hearing on the petition on July 12 and ordered additional psychological testing before he would consider her request for early release.

Schuler’s attorney, Charlie H. Rittgers, said his client is a model prisoner at the Ohio Reformatory for Women in Marysville.

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ThuJul12

Judge orders psych exam for ex-Mason teacher in sex case

Posted by rrichardson July 12th, 2012, 12:25 pm Post a Comment

A former Mason High School teacher convicted of having sex with students will undergo additional psychological testing before her request for early release will be considered, a Warren County judge ordered Thursday.

Stacy Schuler, 34, was convicted of 19 charges in October: 16 felony counts of sexual battery plus three misdemeanor counts of providing alcohol to minors. The incidents happened in the fall of 2010 at her Springboro home.

She resigned from her job in February 2011, ending a 10-year career as a health and physical education teacher and trainer with Mason Schools.

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Schuler, who waived her right to a jury trial, pleaded not guilty by reason of insanity.

During the trial, Schuler claimed she didn’t remember the sex crimes because of a host of medical and psychological problems that were exacerbated by her use of Zoloft and copious amounts of alcohol. Schuler had been diagnosed with bipolar disorder.

Schuler asked the judge to grant early release in May, after serving seven months of a four year sentence. She was eligible for early release after six months.

In a five-page letter to Judge Robert Peeler– her first public statement — Schuler expressed shame and remorse for her actions and described a downward spiral of depression, sleep deprivation and self-medication that prevented her from knowing right from wrong.

She also told Peeler that she has “taken every opportunity to heal and work on becoming a healthier individual as well as helping the other women” at the state prison where she is housed, the Ohio Reformatory for Women in Mansfield.

She teaches yoga and general education classes for her fellow prisoners, is undergoing mental health treatment for bipolar disorder and participates in a group for sex offenders.

Schuler and 62 other people wrote letters that Schuler’s attorney, Charles H. Rittgers, filed in support of her motion for judicial release.

But Warren County Prosecutor David Fornshell said he will fight to keep Schuler locked up.

“She has only been in prison since the end of October,” he said. “In my opinion, that is not sufficient time given the seriousness of the offenses for which she was convicted.”

At the time of Schuler’s request, she had served less than two weeks for each time she “criminally engaged in sexual conduct with a juvenile student,” noted Warren County Assistant Prosecutor Teresa Hiett in court documents filed this week opposing Shuler’s release.

Hiett said that releasing Shuler would send the wrong message about how male and female sexual offenders are treated when convicted of the same crime.

Allowing Schuler’s early release “would give the strong appearance that our judicial system treats a female teacher who committed sex offenses against and provided alcohol to five juvenile male athletes much more leniently than, for example, a male teacher who provides alcohol to and has sex with five juvenile female cheerleaders, ” she wrote.

Fornshell said he hasn’t seen people in other jurisdictions or in Warren County be freed so quickly after such offenses. “It just doesn’t happen,” he said, “and it shouldn’t happen in this case.”

The psychological tests and report can take up to six months to complete, said Rittgers.  Schuler did not attend the pre-trial hearing.

“We don’t have any concerns, but the judge does,” he said. “He believes that he needs that report in order to make a good decision.”

Janice Morse contributed

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ThuMay31

Schuler seeks early release from prison sentence

Posted by akiefaber May 31st, 2012, 5:12 pm Post a Comment

Janice Morse reports

Former Mason High School teacher Stacy Schuler is asking a judge to grant early release from her four-year prison term for having sex with five male students – and she made a public statement for the first time.

Stacy Schuler convicted

Stacy Schuler, a former health and physical education teacher at Mason High School, is led to prison on October 27, 2011, after she was convicted of 16 felony counts of sexual battery for having sex with five students at the school and 3 misdemeanor counts of providing alcohol to minors.

“I would like to begin by saying how ashamed I am of my actions and behaviors that led to my incarceration,” Schuler wrote in a five-page letter to Judge Robert Peeler.

He’s the Warren County judge who convicted Schuler of 19 charges in October: 16 felony counts of sexual battery plus three misdemeanor counts of providing alcohol to minors. The incidents happened in the fall of 2010 at her Springboro home.

After being formally accused of the offenses, Schuler resigned in February 2011, ending a 10-year career with Mason schools. She had taught physical education and health, and was an athletic trainer.

“The situations I allowed myself to become involved with are inexcusable and could have been prevented if I had only been willing to ask for help,” she wrote, describing a downward spiral of depression, sleep deprivation and self-medication that clouded her judgment. “I acknowledge that through my wrong mindedness I have brought hurt and pain to numerous individuals who trusted me and had faith in me.”

Schuler, 34, also told Peeler that she has “taken every opportunity to heal and work on becoming a healthier individual as well as helping the other women” at the state prison where she is housed, the Ohio Reformatory for Women in Mansfield. She teaches yoga and general education classes for her fellow prisoners, is undergoing mental health treatment for bipolar disorder and participates in a group for sex offenders.

Schuler and 62 other people wrote letters that Schuler’s attorney, Charles H. Rittgers, filed in support of her motion for judicial release Thursday. “The letters go on and on…even while incarcerated, Stacy continues to help others,” Rittgers wrote.

“It is not (her) intention to in any way minimize, excuse or deny the inappropriate actions which ultimately placed her in the position she now occupies,” Rittgers wrote. Rather, he said, the intent is to demonstrate that “further imposition of (her) prison term is not required to adequately punish (her) or protect the public.”

But Warren County Prosecutor David Fornshell said he fight to keep Schuler locked up.

“She has only been in prison since the end of October,” he said. “In my opinion, that is not sufficient time given the seriousness of the offenses for which she was convicted.”

Schuler was eligible for early release a month ago, after she finished serving six months in prison.

Fornshell said he hasn’t seen people in other jurisdictions or in Warren County be freed so quickly after such offenses. “It just doesn’t happen,” he said, “and it shouldn’t happen in this case.”

A hearing on Schuler’s motion is set for July 12.

Adam Kiefaber contributed to this story.

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FriApr20

Former Mason teacher eligible for early release in sex case

Posted by rrichardson April 20th, 2012, 5:55 pm Post a Comment
Stacy Schuler

Photo provided by Ohio Department of Corrections

A former Mason High School teacher who had sex with five students and provided them with alcohol is eligible for early release from prison next week.

Stacy Schuler, 34, was convicted in October on 16 felony counts of sexual battery and three misdemeanor counts of providing alcohol to minors.

A Warren County judge sentenced the former physical education teacher to four years in prison, but said she would be eligible for release after serving six months.   Her six months are up on Friday.

Schuler’s attorney, Charles H. Rittgers, said he would have to file a motion for her release, but has not yet made a decision on if or  when he would file.

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The five students, who were all about 17 at the time, testified at Schuler’s four-day bench trial that they had sexual intercourse with Schuler at her Springboro home and that she initiated much of the contact.

Several of the teens said that Schuler was drinking alcohol at the time of the incidents and that she made them vodka smoothies and served them beer and peach wine.

Schuler pleaded not guilty and Judge Robert Peeler allowed her to enter an alternate plea of not guilty by reason of insanity.  The judge rejected her insanity plea, but said at the sentencing that he believes Schuler suffers from psychological and substance-abuse issues.

Warren County Prosecutor David Fornshell said if Rittgers files the motion for early release, he would oppose it.

“Ms. Schuler was convicted of 16 felonies, and additional misdemeanors.  The court sentenced her to four years in prison, and under no circumstances should she (be) released after serving only six months,” he said.

Mark Krumbein, a Cincinnati attorney who’s been following the case, said that attorneys must take a number of factors into consideration before filing motions for early release to ensure a motion is successful.

If a judge denies a motion, the offender may have to serve out the remainder of their sentence, he said.

“It is really difficult and you have to make your best educated guess,” said Krumbein of when to file for early release.   ”In Stacy Schuler’s case, she’s got a lot of good mitigating circumstances in her life that would be big factors for Judge Peeler.”

However, he said that a similar case out of Warren County, that of Kings Junior High School teacher Lisa Karabinus, might set a precedent on what a judge considers sufficient penalty.

Karabinus, who was convicted in 2000 of having sexual relations with a 13-year-old student and sentenced to four years, was also eligible for release after six months.  She served two years of that sentence.

That Schuler’s case has attracted national media attention might also play a role in when her attorney might request early release, said Krumbein.

“Whenever an attorney has a high-profile case, you have to wait until the media attention dies down and the public interest is waning,” he said.  “The timing is better and better for Stacy Schuler as it becomes more of an unpleasant memory.”

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