An Athens County Municipal Court judge has granted a stay to the case of an Ohio University student who he originally denied a public defender.
Judge William A. Grim initially denied Kelly M. Kasler, 21, a public defender in January because of financial reasons.
However, he granted her a stay until the 4th District Court of Appeals finalizes the decision after the Ohio Public Defender’s office requested that Kasler be allowed a public defender.
Assistant State Public Defender Jay A. Macke, who is representing Kasler as a direct appeals attorney, said that Kasler’s case should be re-examined because Grim “misinterpreted” the case, and “others (should not) suffer the same consequences.”
“It makes no sense to go forward in trial court,” Macke added.
Kasler was denied at first based on her family’s household income and her financial dependency on her parents: she lists their address on her drivers license, gave their address on the bond form and her parents pay all tuition, room and board and monthly allowance.
She is also listed as a dependent on her parents’ tax returns and health insurance despite her living in an apartment with four roommates, according to court files, application forms and defendant’s testimony, according to Grim’s decision.
Kasler was arrested Oct. 28, 2012 for two nonviolent misdemeanors: obstructing official business and resisting arrest. The court docket states that total fines add up to $98.
According to the court document, jail time is unlikely because this is Kasler’s first offense.
Kasler’s case will remain on hold until some type of solution is reached regarding her right to an attorney.
kf398711@ohiou.edu
