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US Teen In Jail 18 Years For Accidental Shooting When He Was 16

Free Shue Coalition | 08.07.2011 15:21 | Culture | Public sector cuts | Social Struggles

Kenny Richey an innocent Scot was held on death row in Ohio for many years before
citizens achieved his release. Now there is focus on another unjust imprisonment
in Ohio.

American Jonathan Shue: In Jail 18 Years in Ohio for An Accidental Shooting When He was 16

Ohioans Have Paid $720,000 For The Incarceration of An Innocent Man.

PRESS RELEASE July 8, 2011


Ohioans Have Paid $720,000 For The Incarceration of An Innocent Man.

History
A coalition is working to achieve freedom for a man in jail for 18 years for a
shooting which was accidental when he was 16. In 1993 when Jonathan Shue, he and his
friend took a gun out of a car.. They played with it for several days.. The trigger was malfunctioning (an issue which never came up at trial). In addition,Jon's hands were very sweaty from having ridden
a bike on a hot day. Jon was playing around with a friend who had asked to see
the gun. Jon handed the gun to him. When Mark Petersen handed it back Jon was
playing around with it. It fired and Mark Petersen died. Many witnesses at the
trial said there was no animosity between Jon and Mark. Jonathan has maintained
for the 19 years since then that it was not an intentional shooting. In 1993
Akron Ohio's prosecutor decided to try Jonathan as an adult and assigned the
case to 2 assistant prosecutors one of whom is now deceased. Jane Bond, now
retired, was the judge. Jonathan's attorneys were now Judge Tom Teodosio and
Donald Walker. Prosecutors achieved a conviction of 15 years to life, a sentence
much more harsh than that of other juveniles involved in shootings. Jonathan has now been
in jail for 18 years, longer than many who deliberately killed as adults.

Prosecutorial Misconduct
Besides the decision to try a juvenile as an adult was the decision of prosecutors to ignore the testimony of at least 6 close eyewitnesses that there was no animosity between Jon and Mark, and instead to give priority to (and
perhaps to coach) the testimony of Frank Roberts, who had beaten up Jon 2 weeks earlier, and was much further away from the scene than others. Frank admitted that he did not hear most of the conversation. In addition prosecutors promised David Manhorn who had with Jon removed the gun from the car that the charge of obstructing justice would be dropped if he testified , a practice illegal in many courts.

Appeal
Law professor J Dean Carro of the University of Akron Law School filed an appeal for Jonathan in the 90's, on the basis that there had been insufficient evidence at the trial. His appeal was rejected by the Ohio Supreme Court, one of 2 northern
state courts consistently involved in judicial murder.

US Supreme Court rules for juveniles
Last year the Supreme Court issued an opinion in Graham V Florida in regards to juvenile defendants. As a result of that decision, the Ohio Public Defender's Office..
Atty Cahoon, Atty Steve Goldmeier
Office of the Ohio Public Defender
250 East Broad Street - Suite 1400
Columbus, Ohio 43215
(614) 466-5394
(800) 686-1573
is now taking time to consider if they will include Jonathan Shue along with others in a campaign for release from prison. They are choosing from juveniles given very long sentences. We would be grateful if you called and/or wrote to
request that the Public Defender's Office include Jonathan Shue in their Graham Project cases.

Cost of imprisonment
The imprisonment of each prisoner in Ohio costs the state $40,000 a year. The US has the highest percentage of imprisoned people in the world. Jonathan's unusually harsh imprisonment has cost the citizens of Ohio $720,000.
Prosecutors who promote their careers rather than ethics have no financial pressure. It is the state and not county and city prosecutors who are billed for prisoners sent to state institutions.
Many states are releasing men and women who are incarcerated for nonviolent offenses such as smoking marijuana. The US Supreme Court has in 2011 ordered California to release 37,000 prisoners. Ohio has not yet joined this wave. Now as
the governor privatizes and sells prisons, prisoners have been sent into Marion
Correctional Institute which is now at 200% capacity.
Jonathan’s Life
Since he has been in prison he has taken many courses and is close to 2 associate degrees in business administration from Wilmington College and culinary science from Hocking College.He is a poet and has volunteered, giving
obedience training to dogs in prison who are later placed in homes.



Jonathan's address
Jonathan Shue 283466
Marion Correctional Inst.
P. O. Box 57
940 Marion-Williamsport Road
Marion, Ohio 43302
Jon receives $15 a month. The prison commissary has very high prices for
aspirin, underwear, candy etc. Stamps of course are more expensive than ever. He
can receive contributions if
a USPS money order is sent and includes his prison number in the
name line.

Dearth of Communications Access
Prisoners at Marion Correctional Inst. may not receive phone calls, may only initiate collect calls lasting a maximum of 15 minutes. Global Tel is extorting high rates and requires prepayment. The charge is $1 per call plus 32 cents for each minute. We know that in the world's prisons it is rare for billionaires or centimillionaires to be sentenced, and that the going rate in Ohio for attorneys is $150 to $500 or more an hour. The US has the highest percentage of incarcerated men and women
in the world and is among the top 5 in the length of sentences imposed. Relatives of a retiring Ohio senator have profiteered from prison privatization. It is our opinion that the Ohio Parole Board needs to include many more in church and prisoner's rights groups, Ohio is one of only 2 northern states still involved in execution. Only 25% of US states, most of them
in the South, kill prisoners in the name of the state. Only 12% of the world's countries are still involved in execution. Jon has no access to a computer. The cost of reproduction of his 971 page trial transcript
is $1834.00 at the court or 11 cents a page at copy centers.

Please Join the Coalition
Three churches in Columbus and Akron have prayed as a group for Jonathan's
release. If your social
justice group or church, mosque, ashram or temple can join our Free Shoe
Coalition, please write freeshue (at) yahoo.com freeshue at yahoo dot com and if
possible the members of the Ohio Parole Board listed below.Please also ask the
Ohio ACLU and
Innocence Project to take the case. freeshue@... or kathyfarwell1@...

God through grace set your captives including Jonathan Shue free.

The following are some groups working for prisoner rights in Ohio and elsewhere.

 http://www.innocenceproject.org
 http://www.ohiojpc.org/  http://www.amnesty.org/  http://www.prejean.org/
 http://www.acluohio.org  http://www.aclu.org

Action
Please multipost this release on forums. Please email this and circulate it to
media, government officials, and all who can help.

PS We have heard from Jonathan's family that he fell 5 months ago while in the
shower in jail and lost feeling below his waist. He has not been able to access
any medications except tylenol, which damages the liver and kidneys. He has not
had sufficient access to a physician.

Ohio Parole Board
770 W Broad
Columbus Ohio 43222

Current parole board members include:
Cynthia B. Mausser
Chair
Ms. Mausser was appointed as Chair of the Parole Board in April 2006. She began
her career with the Department of Rehabilitation and Correction in February 1994
as a Parole Board Hearing Officer and was promoted to Chief Hearing Officer in
August 2000. She was then appointed to the Parole Board in December 2001. She
served as Acting Chair from October 2005 until April 2006. Previously, she
worked as an Assistant State Public Defender for the Ohio Public Defender
Commission representing inmates at Technical Parole Revocation Hearings. Ms.
Mausser was admitted into the Ohio Bar in November 1991 and has a Bachelors and
a Juris Doctorate Degree.
Robert Maszczynski
Member
Mr. Maszczynski was appointed to the Parole Board in August 2002. He began
employment with the Department of Rehabilitation and Correction in 1979 as a
Parole Officer, primarily working in the central Ohio area. In 1988, he was
promoted to Parole Board Hearing Officer and in April of 1995, he was promoted
to Chief Hearing Officer for the North Region. Mr. Maszczynski has a Bachelors
and a Masters Degree.
Kathleen Kovach
Member
Mrs. Kovach was appointed to the Parole Board in January 2003, as the Victim's
Representative. Mrs. Kovach comes to the Parole Board with 13 years of
experience in crime victim services. She was employed for 11 years with the
Victim Assistance Program in Summit County, serving three years as Assistant
Director. In addition, Mrs. Kovach spent two years as the Director of Victim
Services for the Summit County Prosecutor's Office. She has a Bachelors and a
Masters Degree.
Ellen Venters
Member
Ms. Venters was appointed to the Ohio Parole Board in August 2004. Ms. Venters
began her employment with the Department Of Rehabilitation and Correction in
August 2000 as the Superintendent of Special Services with the Division of
Parole and Community Services. She was formerly Executive Director of an alcohol
and drug treatment facility for 5 years and has an additional 18 years of work
experience in community corrections. Ms. Venters has a Bachelors and a Juris
Doctorate Degree.
R.F. Rauschenberg
Member
Mr. Rauschenberg was appointed to the Parole Board in January 2006. He was
formerly a Budget Analyst for the Ohio Legislative Budget Office from 1986 to
1992 and the Research Coordinator for the Ohio Criminal Sentencing Commission
from 1992 to 2002. Most recently, Mr. Rauschenberg served as the Program
Administrator for the Ohio Department of Alcohol and Drug Addiction Services
where he focused on linking the criminal justice and addiction services systems,
particularly for prisoners returning to the community. Mr. Rauschenberg has a
Bachelors and Masters Degree.
Bobby Bogan
Member
Bobby Bogan was appointed to the Parole Board in August 2008. Mr. Bogan worked
as a juvenile Parole Officer for eight years before joining the Department of
Rehabilitation and Correction in 1994 as a Warden's Assistant. He has also
served as a Deputy Warden at two institutions and was selected to serve as the
Warden at the Montgomery Education and Pre-Release Center in 2004. Mr. Bogan
has a Bachelors Degree.
Trayce Thalheimer
Member
Ms. Thalheimer was appointed to the Parole Board in August 2009. She began
employment with the Department of Rehabilitation and Correction as a Parole
Officer in 1988, transferring to the Parole Board as Parole Officer in 1996.
She was promoted to Parole Board Hearing Officer in 1998 and then to Chief
Hearing Officer in 2002. Most recently, Ms. Thalheimer served as the Regional
Administrator in the Cincinnati Region of the Adult Parole Authority. Ms.
Thalheimer has over 20 years in public service including three years as a Police
Officer prior to joining DRC. Ms. Thalheimer has a bachelors degree.
Jose A. Torres
Member
Mr. Torres was appointed to the Parole Board in May 2010. He was formerly a Law
Clerk in the Cuyahoga County Prosecutors Office and in Puerto Rico from 1992 to
1994. He then served as an Assistant Prosecutor in the Cuyahoga County
Prosecutor's Office from 1994 to 2004, where he was assigned to the Major Drug
Offenders Division for four (4) of those years. Mr. Torres was in private
practice until 2007 at which time he was appointed to the position of Deputy
Legal Counsel in the Governor's office. Mr. Torres has a Bachelors and a Juris
Doctorate Degree.
Cathy Collins-Taylor
Member
Ms. Collins-Taylor was appointed to the board in May 2010. She began her
criminal justice career in 1978 as a police officer for the City of Columbus.
Upon her service retirement in 2004, Ms. Collins-Taylor joined the Ohio
Department of Public Safety (ODPS) as a branch chief of State and Local
Coordination and Domestic Security for Ohio Homeland Security. In 2007,
Collins-Taylor was appointed the Executive Director of the Ohio Investigative
Unit, responsible for enforcement of liquor laws, food stamp fraud and underage
tobacco sales. In 2009, Governor Strickland appointed her the Director of the
Ohio Department of Public Safety, overseeing the ODPS's eight divisions. Ms.
Collins-Taylor also has extensive legislative and labor background. Ms.
Collins-Taylor has a Bachelor's Degree.

Link:
Innocence Project
 http://www.innocenceproject.org

Free Shue Coalition
- e-mail: freeshue@yahoo.com
- Homepage: http://www.egroups.com/messages/freeshue/27