An Athens resident was found guilty yesterday in an Athens County Court of Common Pleas jury trial yesterday on felony charge of failure to appear in court.
Paul Fusik, 39, whose last known residence was along state Route 56, was charged with the fourth-degree felony after he did not show up for a court appearance at Athens County Court of Common Pleas June 5, 2002. He was due to appear in court on the felony charge of witness intimidation, which stemmed from his 2002 case in which he was found guilty of domestic violence, a fifth-degree felony. He served 14 months in jail.
Fusik had signed a bond saying he would appear in court June 5, 2002, but was not seen again until March 8, 2004, when he was arrested in Lorain County, according to court documents.
The verdict came after half an hour of jury deliberation.
I felt we fulfilled our burden of proof
and apparently the jury agreed with us being out only a half an hour on a felony case Athens County Prosecutor C. David Warren said. It really was quick. I've had quicker verdicts
but not many.
One of the prosecution's witnesses, Marie Ruckel, with the Athens County Clerk of Courts, testified that Fusik signed the bond and was released on his own recognizance.
Fusik's attorney, Patricia Jamison, was not pleased with the process and the resulting guilty verdict.
I'm very disappointed in the judicial process
she said. I'm actually ashamed of it.
The defense did not argue that Fusik signed the bond, but that he was released on a cash bond rather than on his own recognizance.
If you fail to appear on a cash bond
it is not a crime in the state of Ohio
Jamison said. The prosecutor's office basically invented a crime.
Jamison said she will file an appeal because she was not allowed to call Judge L. Alan Goldsberry to the stand to explain the different type of bonds for the defense.
Judge Michael Ward did not allow Goldsberry to testify because it is goes against Ohio state law to call a judge as a witness.
The date of the sentencing hearing has not been announced.
Fusik still awaits a trial for the outstanding felony charge of tampering with a witness. He is expected to go to trial for that felony sometime next week, Warren said.
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Katy Ganz
