Posts Tagged ‘mark krumbein’

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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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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