Recordpub.com - Speedy trial violation to free prisoner Vigluicci won't appeal decision

By Marci Piltz

Record-Courier staff writer

A 37-year-old man imprisoned since October for sexually abusing a 10-year-old girl has been ordered released from prison after an appellate court ruled the man's trial was not held quickly enough.

Christopher D. Ange, whose address is listed as Louisville, Ohio, was convicted in October on two counts of gross sexual imposition, both third-degree felonies, and sentenced to five years in prison by Portage County Common Pleas Judge Laurie Pittman.

The 11th District Court of Appeals in Warren recently overturned that conviction and ordered Ange released from prison after finding more than the 270 days allotted by law between a person's arrest and trial had passed before the Oct. 16 trial began.

"Mindful as we are of the extremely serious nature of the crimes (Ange) committed against (the victim), we nevertheless have to reverse (Ange's) conviction due to the violation of (Ange's) constitutional and statutory right to a speedy trial," the appellate court's decision said.

Portage County Prosecutor Victor Vigluicci said Friday he does not intend to appeal the ruling.

"We can't dispute ... In fact we conceded at oral arguments on the case that the original trial date was on time, but after the court ruled on a motion and reset the date for October time was up. We can count, and we won't file a frivolous appeal when the facts are the facts."

All defendants are guaranteed the right to a speedy trial by the U.S. Constitution as well as Ohio law.

Vigluicci said the time provision is rarely an issue because most defendants sign a waiver to a speedy trial, often at their initial arraignment hearing.

"There may have been an assumption that he had done that, but in fact he had not," Vigluicci said.

In addition, he explained, each time a motion is filed in a case, the 270 day time frame is suspended until a judge rules on that motion, Vigluicci said.

"This was a complicated case from the beginning," he said. "He was indicted in January 2006 and had moved to Florida, so we didn't locate and arrest him until May. Then he had to be extradited back here in June, and then all these motions began to be filed."

At the date of Ange's trial, Aug. 16, Ange filed a motion for dismissal arguing the time limit for a speedy trial already had expired. Pittman heard the motion on Sept. 10, ruled against it on Sept. 11, and then reset the matter for trial on Oct. 17, Vigluicci said.

As of Friday, Ange was still incarcerated at Belmont Correctional Institute but is expected to be released soon.

Posted by GrannyOf5 May 20, 2008

Vic was busy at that time REMEMBER?? (July 20, 2007 a 6 month investigation) Ange's case had no $ involved the BIG one did. All public knowledge 75% to Drug Task Force and 25% to the Prosicutor, not bad when your talking $92,000.00. Remember now? Plus the same % when the house and all the siezed property is auctioned off soon, as I remember there were children involved in this case also and it doesn't look like they got any justice either! It is true we need to keep drugs off the streets but we also need to keep Child Molesters off the streets, better yet in PRISON! We all know were his heart is and it is not his chest! If no one runs aganst him we will continue to be laughed at..My prayers go out to the Children that depended on the system to protect their rights...

Posted by UBNUT1 May 18, 2008

I am not surprised. It appears that this particular judges cases drag on forever. I notice that one of our other judges gets these felony cases thru and done in reasonable time but even the simplest cases in this court are drug on for over a year sometimes. Portage county is well known for trumping up the charges on people, they set huge bonds (10% of all is kept)then putting most everybody on electronic monitor at their expense,(another money maker)and dragging the cases on forever(more time, more money).Even people found innocent have usually already been slammed with these innocent until proven guilty (LOL)huge costs and never reimbursed. I think somebody fell asleep on this one after many months of dragging it on and the fish got away. We need to clean house.We are about to pay for a new castle that wont be "bug free" until the rest of the "good old boys" are "exterminated".

Posted by mg47s May 18, 2008

victor vigluicci is not going to appeal because it would be fruitless . He has told us that he can not win an appeal - plain and simple.

The disturbing thing is the arrogance and smugness of tone that was portrayed by v.v. in the article . Where is the apology to the victim, the family , the community for this obvious blunder? THERE IS NO EXCUSE - PLAIN and SIMPLE.
Someone cried out that the judges and the legislators are at fault ????? that is nonsense- The prosecutor screwed up and screwed up royal!
v.v. has been a lawyer for many years as well as the posecutor for multiple terms- HE KNOWS the LAW very well. He is responsible that is obvious - however he enjoys the fact he cannot be held liable and accountable BECAUSE HE is Protected by the same legal system that allows the defendant to be set free due to violations of his rights by mr. v.v. and his staff. The only accountability for v.v. is IF the voters remember this screw up and the many others in his tenure and hold him to the same standard he so smugly and self righteously holds the rest of us to --- COME ELECTION TIME REMEBER ALL THE CRAP YOU'VE READ IN THIS PAPER AND HOLD EVERY SINGLE ELECTED OFFICIAL ACCOUNTABLE _ IT IS YOUR RIGHT, YOUR DUTY. get out and vote! clean house!!!
Vote these guys out of office - arent you tired of being let down and betrayed? Portage County has been a laughing stock in surrounding areas for years.
What ever happened to the Paul Jones corruption investigation that v.v. said HE was going to "take care of" ? remeber when encouraged to bring in outside counsel to investigate the corruption by this paper and many citizens, v.v. responded by stating that HE would take care of it . Well how many years does it take? I guess we all see how HE has TAKEN CARE of it ...
He knew portage county citizens very well- buy enough time and they all fall back to sleep !

no one cares until they are directly effected - until then go back to sleep until or get involved, pay attention and excercise your rights - insist on competent leadership.

Posted by Ohio Gal May 17, 2008

Very interesting that it doesn't state who the attorney for this scumbag was? I went and read the appeal it happens to be Cimino. How come the record courier left that out? How come they didn't call and get a comment from the Scumbags attorney? I'm not sure if he was appointed and "had to do it" but if he was the paper could state that as well.
In reading the appeal available on line it looked as though in August the scumbag brought up the time frame and still everyone missed it? It appeared to me from reading it that he brought it up at his August trial date and then it was rescheduled again due to the state.
I bet when the new 3 million plus prosecutors office is opened these things won't happen anymore, right? This decision is going to be hard to appeal because the prosecutor dropped the ball big time on this one. Bet the creep goes back to Florida, hope he learned his lesson in luck and leaves children alone.

Posted by Dowhatsright May 17, 2008

Just what right does some appellant Judge have to release a scumbag that sexually abused a 10 year old girl back into the public, putting them in danger. These judges must be replaced.

These dam judges think that some dam printed word called law is more important than the safety of the public. The courts should not be allowed to release a person for something like this. The court should only be allowed to reprimand the prosecutor or the hearing judge. They are the ones that made the mistake, not the public. These judges are so engrossed in their selves that they think they are kings and can decree anything. This is like awarding a last place team the champion ship because one of the champions scheduled game against the last place team was rained out.

Christopher D. Ange was not denied due process. He was before the judge within the time allowed. The fact that he or his attorney took evasive actions should be taken in consideration of the 270 day requirement. It is no wonder that the American people no longer respect the law, and not longer take responsibility for their action. They know that no matter what, there is some dumb judge that will allow them to be set free. They just have to keep filing until they find the judge.

Secondly Judge Pittman heard the argument and ruled against it and set the trial date. This in its' self should be enough for the prosecutor to appeal the court decision to release the scumbag. In fact the setting the date for trial by Judge Pittman should be considered as a court order. What is the prosecutor to do, appeal a trial date? The date being set by the judge hearing the oral arguments should be considered to have met the 270 day requirement. If not then Judge Pittman should be removed form office as she is the one that set the date. Did she not know better?

Posted by averagejoe May 17, 2008

"As it turns out, the date the trial was reset for was outside of the time limit," he said. "The scheduling just got out of whack. It's a technicality, an extremely rare one, because the court and the prosecutor's office is very meticulous in watching these deadlines."

Somebody dropped the ball and we need to call for the removal of them from their position. Even if it's the Judge. Attorney General Marc Dann had an affair with a co-worker when he was having marraige problems. These people let a convicted child molestor free because of careless disregard to follow the rules. Now our entire community is in danger from another attack by this criminal. How can we let our kids out to play with this monster loose. Just another example of americans held hostage by the criminals and our government. Our courts are paid to keep us safe and they failed to do this. We need an example so that things like this don't happen in the future. Who is more of a threat to the public: AG Danns affair or allowing a child molestor free?

Write your representatives folks. Now is the time to start holding our govt official responsible for their actions

"Mindful as we are of the extremely serious nature of the crimes (Ange) committed against (the victim), we nevertheless have to reverse (Ange's) conviction due to the violation of (Ange's) constitutional and statutory right to a speedy trial," the appellate court's decision said.

Does this quote sound like the biggest bunch of bullcrap ever? The man was found guilty. Once you are guilty of molesting a child, you should lose your rights as an American.