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Do IT this week: Layering
Teen already sentenced to 13-year prison term in slaying at nightclub
By Ed Meyer
Beacon Journal staff writer
POSTED: 09:04 p.m. EDT, Sep 30, 2009
The lawyer for Tyree Feaster has filed a motion in Summit County Juvenile Court seeking to withdraw his guilty pleas to involuntary manslaughter and other offenses in connection with a slaying at the Cage teen nightclub.
Feaster, who turned 19 early this year, is serving a 13-year adult prison sentence for his role in the fatal shooting of 18-year-old Shawrica Lester outside the club in January 2007.
The basis for withdrawing Feaster's guilty pleas is a defense claim that Juvenile Judge Linda Tucci Teodosio failed to inform Feaster that he would be subject to further sanctions under Ohio law ''after his release from prison,'' court records show.
Court spokesman Don Ursetti said a hearing on the issue is scheduled for 10 a.m. Oct. 15.
The sanctions, known as ''post-release control,'' require compliance with all Ohio laws for a period of five years following an offender's release from prison.
Any violation of post-release control during that period would mean the offender could be sent back to prison for up to one-half of the original sentence.
Feaster's lawyer, Jana DeLoach, cited a 2008 Ohio Supreme Court decision requiring the judge to inform Feaster about the post-release sanctions in the hearings for his guilty plea and sentencing.
A ''total lack'' of such notice means that Feaster's motion to withdraw his guilty pleas must be granted because the pleas were not entered into ''knowingly, intelligently or voluntarily'' as the law requires, DeLoach said.
With the hearing on Feaster's motion pending, Judge Teodosio is not permitted to comment on the defense claims, Ursetti said.
Assistant Summit County Prosecutor Brad Gessner, head of the criminal division, said DeLoach's motion comes as a surprise.
''If the guilty plea is withdrawn, that would expose him back to the original murder charges. It's going to be a decision the court makes . . . and that's getting into the area of trial matters that really aren't appropriate to discuss outside the courtroom,'' Gessner said.
University of Akron law professor J. Dean Carro, who has argued numerous cases before the state high court, said there is precedent allowing a judge to re-sentence the offender under such circumstances.
Feaster is incarcerated at Mansfield Correctional Institution. State records show his sentence expires April 19, 2023.
Teodosio imposed the adult sentence on Feaster in November 2007 for repeatedly refusing to testify against Cage co-defendants and for violating terms of his plea agreement when he was incarcerated at an Ohio youth corrections facility.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
The lawyer for Tyree Feaster has filed a motion in Summit County Juvenile Court seeking to withdraw his guilty pleas to involuntary manslaughter and other offenses in connection with a slaying at the Cage teen nightclub.
Feaster, who turned 19 early this year, is serving a 13-year adult prison sentence for his role in the fatal shooting of 18-year-old Shawrica Lester outside the club in January 2007.
The basis for withdrawing Feaster's guilty pleas is a defense claim that Juvenile Judge Linda Tucci Teodosio failed to inform Feaster that he would be subject to further sanctions under Ohio law ''after his release from prison,'' court records show.
Court spokesman Don Ursetti said a hearing on the issue is scheduled for 10 a.m. Oct. 15.
The sanctions, known as ''post-release control,'' require compliance with all Ohio laws for a period of five years following an offender's release from prison.
Any violation of post-release control during that period would mean the offender could be sent back to prison for up to one-half of the original sentence.
Feaster's lawyer, Jana DeLoach, cited a 2008 Ohio Supreme Court decision requiring the judge to inform Feaster about the post-release sanctions in the hearings for his guilty plea and sentencing.
A ''total lack'' of such notice means that Feaster's motion to withdraw his guilty pleas must be granted because the pleas were not entered into ''knowingly, intelligently or voluntarily'' as the law requires, DeLoach said.
With the hearing on Feaster's motion pending, Judge Teodosio is not permitted to comment on the defense claims, Ursetti said.
Assistant Summit County Prosecutor Brad Gessner, head of the criminal division, said DeLoach's motion comes as a surprise.
''If the guilty plea is withdrawn, that would expose him back to the original murder charges. It's going to be a decision the court makes . . . and that's getting into the area of trial matters that really aren't appropriate to discuss outside the courtroom,'' Gessner said.
University of Akron law professor J. Dean Carro, who has argued numerous cases before the state high court, said there is precedent allowing a judge to re-sentence the offender under such circumstances.
Feaster is incarcerated at Mansfield Correctional Institution. State records show his sentence expires April 19, 2023.
Teodosio imposed the adult sentence on Feaster in November 2007 for repeatedly refusing to testify against Cage co-defendants and for violating terms of his plea agreement when he was incarcerated at an Ohio youth corrections facility.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
Comments
Click here to post your comments
AKRON, OH
Posted 09:21 PM, 09/30/2009
KEEP THE LITTLE SCUMBAG AS LONG AS POSSIBLE
Atlanta, Ga
Posted 09:51 PM, 09/30/2009
Take one to know one sit and spin, people in glass house i mean sitter
Akron, Oh
Posted 10:42 PM, 09/30/2009
Then maybe he will obey the law.
Akron, Ohio
Posted 05:36 AM, 10/01/2009
He must not be planning on obeying laws after he's released. I hope he gets his wish, then goes to trial, then gets more time. No wait, I just wish he'd die.
akron, oh
Posted 08:27 AM, 10/01/2009
Resentence him to a longer jail term.
akron, oh
Posted 08:37 AM, 10/01/2009
"Feaster's lawyer, Jana DeLoach,..."
What kind of person is this that wants to get someone less jail time for being part of this horrible incident?
Clinton, Oh
Posted 08:40 AM, 10/01/2009
Jana DeLoach, you should just have personal responsibility for this guy when he gets out. If you are so sure he will abide the laws it shouldn't be a problem. Maybe if you get him another trial, he will get a much stiffer sentence. Live with what you are doing to the victims family, he plead guilty.
bellefontaine, oh
Posted 04:04 PM, 10/01/2009
Post release control is no big deal for the individual who decides to be a law abiding citizen and who obeys his supervision contract. What a waste of taxpayer money and the Court's time!
