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Local News

Friday, July 18, 2008

Coxes fighting new battle
By J. STEVEN DILLON

STAFF WRITER

A Findlay couple who have spent the past nine months fighting to regain custody of their four children are now fighting another battle: for court transcripts they need to file an appeal.

Chris and Angie Cox vowed to appeal after a June ruling by Hancock County Juvenile Court Judge Allan Davis, but may have trouble doing that after being denied free transcripts in their case last week.

Without the transcripts, the Coxes would be denied their due process rights for the appeal, according to Tiffin attorney Charles R. Hall Jr.

Hall, who is representing Angie Cox, filed a motion last week with the 3rd District Court of Appeals, Lima, asking that court to order Davis to have the transcripts prepared — at public expense.

In the motion, Hall cited several custody cases where other courts have assigned legal counsel to the parties, and provided transcripts.

"These cases all recognize the importance of allowing parents to assert familial rights," Hall wrote. "It is clear from these cases that a parent and a child have substantial, protected rights in their family relationship under the due process clause."

Hall's motion was filed after Judge Davis found the Coxes to be indigent, but not eligible to receive free transcripts or legal representation since the matter is civil in nature and only involves a temporary, not permanent, custody dispute.

Generally, transcripts are only provided at public expense in criminal matters involving poor defendants, and only in certain types of civil cases.

"Despite the fact that parents have proven indigency, this does not fall within any exception to the rule that civil litigants are not eligible for transcript and appointed counsel at public expense," the judge wrote in his ruling.

The Coxes had requested court-appointed lawyers, and transcripts from two hearings in their case, so they could challenge Judge Davis' June 6 ruling.

Davis, after hearing seven days of testimony, ordered the Cox children, ages 3, 8, 11 and 13, to continue in the temporary custody of Hancock County Children's Protective Services Unit until Oct. 23, the one-year anniversary of when the children were first taken from the Cox home.

The removal came after Children's Services filed an abuse/neglect/dependency complaint against the Coxes based on a claim that Angie Cox suffered from a mental condition known as Munchausen's Syndrome by Proxy.

The diagnosis was made by Dr. Randall Schlievert, a Toledo pediatrician who reviewed more than 1,000 pages of medical records but never examined Angie Cox.

Schlievert claimed the mother was subjecting the oldest of the four children to excessive, unnecessary medical treatment.

After an October hearing, Judge Davis ordered the four Cox children into temporary custody, and placed them in foster care. A fifth child, 18, was allowed to remain in the family home.

The Coxes denied the accusations, claiming they were only trying to find out what was wrong with their son, but admitted to a neglect charge in January when Children's Services agreed to drop the abuse portion of the complaint.

A disposition hearing was then held over eight days in April and May, before coming to an abrupt halt when Davis threw out the testimony of a Children's Services investigator who had spent more than a day on the witness stand.

After that, attorneys Lisa Miller and Aaron Ried, who represented Angie and Chris Cox, respectively, declined to call any more witnesses, saying their clients' cases had been prejudiced by the judge's action.

Angie Cox has hired Hall to file the appeal, which could be delayed considerably until the transcript issue is resolved.

Gregory Myers, the Lima court's administrator, said it is rare for an appeal to be heard without a transcript being provided. He said appeals courts rely heavily on transcripts, which are part of the "record" of a case, to determine if there were any errors made at the trial court level.

"It doesn't happen very often that one isn't submitted," Myers said. "About the only time that happens is in a case where the claimed error is based on an argument of law, not something that would be included in the transcript."

If the Lima court doesn't weigh in on the transcript issue, the Coxes presumably would have to pay for the document themselves.

While the nine days of hearings have not yet been transcribed by the court reporter, they would be voluminous and could cost as much as $15,000-$20,000 to produce.

The Coxes said in June they had already incurred expenses in excess of $30,000 in the case.

Contact staff writer J. Steven Dillon at:

419-427-8423

Send an e-mail to Steve Dillon
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1 Comment

Stephanie wrote:
Judge Davis...
“ I am not surprised by Judge Allen Davis or his actions...If the state were to go back and look at the cases for the last ten years they will see several cases that were not handled correctly not only by the judge but by appointed attorneys there from Findlay, Ohio...This will result in several lawsuits as well as severe penalties for the Hancock County Juvenile Court and also The Children Services located there in Findlay, Ohio...I have proof of this...And I am willing to share every last detail down to recorded conversations...Judge Allen Davis should have been removed from his seat a long time ago...He has shown many times how his personal feelings out wayed the rules and law...So why has no one done anything about this yet? I can only assume that the County, CASA/GAL and Children Services do not want the real truth to come out about them...All of the puplicity that they put out there that they are trying to help families and children just so that they can look good...I made a promise that I would make sure the truth came out and so I will make sure that the truth comes out...A promise is a promise and the truth shall set you free...I feel some pity for this family and the difficulties that they have met in the reccent months...I will pray for them and hope that in the end that those who have judged them wrongly will be punished for there mishandling and misdead toward this family... ”
Saturday, July 19, 2008 10:47:55 AM
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News Briefs Work scheduled on Findlay streets
Findlay's Main Street, northbound, will be reduced at times to one lane between 8 a.m. and 5 p.m. for waterline connection.

Main Street will not be accessible from East Lincoln Street. Lincoln Street will be closed to through traffic from South Main Street to South Blanchard Street from 8 a.m. to 5 p.m. for continued improvement work. Access to local businesses and residents only will be maintained.

Recount planned in trustee's race
OTTAWA -- After certifying election results on Wednesday, the Putnam County Board of Elections has announced a recount will be required for the Union Township trustee race, according to Deputy Director Shelly Burkhart.

The recount will be completed on Wednesday at the county elections board office, 336 E. Main Street, Ottawa.

Incumbent Daniel R. Ellerbrock has secured his position on the board, earning 685 votes. However the remaining trustee spot will require a recount as Gery P. Wurth earned 598 votes and Mark J. Kahle collected 601 votes, according to official results.

An automatic recount is necessary if the margin is within one-half of 1 percent of total votes cast, according to state law.

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Forest Lake Drive, between Marion Township 237 and Indian Lake Drive/Forest Lane, will be closed today for a pipe installation.

The road is expected to open by 5 p.m., weather permitting.

Motorists are advised to use Township 242.