I just received word this morning, Saturday June 2, 2007, that Scioto County Judge Howard Harcha III is set to release admitted sexual predator, John Michael Schmidt, from prison after serving only 3 years of a 7 year sentence for rape. Schmidt pled guilty in September 2003 on a bill of information to save him the possibility of more charges being imposed by the Scioto County Grand Jury. Schmidt a former teacher and football coach at Wheelerburg High School was accused in a bill of information for two counts of rape against his own daughter. Sources close to that investigation, including former members of the Scioto County Grand Jury that reviewed this matter in September of 2003, claim that Schmidt's daughter kept a running diary of the rapes and that over 100 accounts were written about by the young girl in her diary.
At the time Schmidt's case was heard by Judge Howard Harcha III, Judge Harcha set the time for the initial hearing for 7:30 a.m. to try to slip this case by the public. I was notified of the hearing the night before and publicized what was going on and a small crowd gathered to hear what was being attempted in the wee early hour. It was at that time that Judge Harcha III allowed Schmidt to be released and go back out into the public until a pre-sentence investigation could be performed on Schmidt by the Scioto County Probation Department. This angered many in the crowd as most sexual predators are kept in jail or sent off to prison immediately after they enter a guilty plea for such a heinous crime. The Assistant Scioto County Prosecutor Anita Matthews objected to Schmidt's release but Judge Harcha III let Schmidt go.
At his sentencing a few weeks later, Schmidt's lawyer Michael Mearan, gave a lengthy speech to the court blaming writers on local websites for interfering in the case claiming "I know your honor can no longer grant my client (Mr. Schmidt) probation because of all the adverse publicity generated by local websites but please have some leniency on my client because he has admitted he has an alcohol problem and is sorry for his crimes." Assistant Scioto County Prosecutor Anita Matthews then rose and stated to Judge Harcha III, "Your honor, Mr. Schmidt used his alcohol problem a few years ago when he had a traffic accident and was given diversion program in lieu of conviction. It appears he didn't learn his lesson. Also your honor, I know many alcoholics that get drunk every Friday night but they don't go home and rape their daughter! To release this man would be a travesty."
Judge Harcha III took a few minutes leaning back in his chair staring at the ceiling and then stated, "I have men and women come through this courtroom everyday that I send off to prison for a lot less than what we see in this case. Your client, Mr. Mearan, had the financial means to seek treatment and he did not take steps to clean up his act. Therefore, it will be the finding of this court that Mr. Schmidt on count 1 will serve 3 years and on count 2 a four year sentence will be imposed. These sentences are to be served consecutively to each other resulting in a total of 7 years with the Ohio Department of Rehabilitation and Correction."
Attorney Mearan asked the court to stay the execution of Schmidt's prison sentence to allow him (Schmidt) time to organize his affairs before being locked up. Judge Harcha III denied that request.
Now we see that it has been two weeks since Schmidt filed his motion for judicial release. The first time Schmidt filed a motion for release Judge Harcha III immediately denied the request. This time Judge Harcha III, according to sources around the courthouse, is being pressured by Attorney Mike Mearan to release Schmidt. This is such a travesty.
Schmidt's child was raped not 1, not 2, not 3, not 4, but over 100 times according to her own diary. Maybe Judge Harcha III should get the diary and read it before making his ruling. Men and women have been imprisoned for over 14 years for picture taking of nude children and never been released early. Why should a man that has raped his own daughter over 100 times have his sentence cut one second? He should not! If anything, Judge Harcha III did Schmidt a favor in September of 2003. Judge Harcha III did not impose the maximum penalty on either charge. How dare Judge Harcha III release this man early. To release him back on the public will stain the judicial system worse than it already is in Scioto County. Judges that don't protect the children should not be on the bench!
More on this story when Judge Harcha III makes his final ruling!
John Welton (DD)
