HAYLEE DONATHAN - 3 yo - Crestline OH
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Re: HAYLEE DONATHAN - 3 yo - Crestline OH
In denying a motion to close his courtroom, Richland County Juvenile
Court Judge Ron Spon said Friday it's vital the public know how the
legal process works.
Children Services asked the judge to exclude media from hearings
involving the custody of Haylee Donathan, a move opposed by the News
Journal.After attorneys for the newspaper and the agency failed
to reach a compromise in two hours of conferences, Spon listened to
oral arguments in open session and then ruled the hearings will remain
open."To close these proceedings would tend to detract from confidence that the public might have in the judicial branch
of government," the judge said. "It is very important in a free society for citizens to know what we do."Children
Services attorney Edith Gilliland argued there was potential for harm
if the media continued to use Haylee's name and picture, as well as
potential sensitive evidence that may come during the hearing."There
was a time for this child where it was necessary to have her
identified," Gilliland said. "She was missing. It was important that
people knew who she was."That time has passed. The need for that continued identification no longer exists."Four-year-old
Haylee was the subject of a month-long nationwide manhunt when her
mother ran off with a sex offender who walked away from the local
Volunteers of America halfway house in late May. Candace Watson, 25,
who has no known address but previously lived in Crestline, will be
sentenced Oct. 12 for complicity to escape. She could receive up to
five years in prison.Representing the News Journal, attorney William Kolis cited the Ohio Supreme Court
,
which ruled a custody case can be closed only if public access could
harm the child or endanger the fairness of the proceeding or if the
potential for harm outweighs the benefits of public access.Gilliland did not provide any evidence to support her claims at Friday's hearing."Statements
that have been made are simply emotional arguments," Kolis said. "No
evidence has been submitted to show that any harm would happen."Spon agreed."We
have a major problem. No evidence has been presented," Spon said. "The
court cannot base its decision by making a judgment when no evidence
has been presented. If the court were to make such a ruling, it would
be overturned as an abuse of discretion."Gilliland declined comment afterward. It's not known if the agency will appeal the judge's decision.Spon
will decide who gets custody of Haylee after her trial, which he
scheduled for Nov. 16. He said people who might find themselves in
similar situations need to know how the court handles such a case."In the final analysis, justice for the one is an indicator of whether there will be justice for many," Spon said.Several
people are seeking custody of Haylee. In addition to her mother and
father, James Donathan, maternal grandmother Mary Watson and paternal
grandmother Connie Donathan want custody of the girl. Others interested
in custody are Ken and Loretta Means, who live in Mansfield and are
Mary Watson's cousins, and Steve and Susan Janoski, of Virginia. Steve
Janoski said his wife is Mary Watson's stepsister, a claim Mary Watson
disputes.The foster family is another option to become permanent custodians.
Court Judge Ron Spon said Friday it's vital the public know how the
legal process works.
Children Services asked the judge to exclude media from hearings
involving the custody of Haylee Donathan, a move opposed by the News
Journal.After attorneys for the newspaper and the agency failed
to reach a compromise in two hours of conferences, Spon listened to
oral arguments in open session and then ruled the hearings will remain
open."To close these proceedings would tend to detract from confidence that the public might have in the judicial branch
of government," the judge said. "It is very important in a free society for citizens to know what we do."ChildrenServices attorney Edith Gilliland argued there was potential for harm
if the media continued to use Haylee's name and picture, as well as
potential sensitive evidence that may come during the hearing."There
was a time for this child where it was necessary to have her
identified," Gilliland said. "She was missing. It was important that
people knew who she was."That time has passed. The need for that continued identification no longer exists."Four-year-old
Haylee was the subject of a month-long nationwide manhunt when her
mother ran off with a sex offender who walked away from the local
Volunteers of America halfway house in late May. Candace Watson, 25,
who has no known address but previously lived in Crestline, will be
sentenced Oct. 12 for complicity to escape. She could receive up to
five years in prison.Representing the News Journal, attorney William Kolis cited the Ohio Supreme Court
,which ruled a custody case can be closed only if public access could
harm the child or endanger the fairness of the proceeding or if the
potential for harm outweighs the benefits of public access.Gilliland did not provide any evidence to support her claims at Friday's hearing."Statements
that have been made are simply emotional arguments," Kolis said. "No
evidence has been submitted to show that any harm would happen."Spon agreed."We
have a major problem. No evidence has been presented," Spon said. "The
court cannot base its decision by making a judgment when no evidence
has been presented. If the court were to make such a ruling, it would
be overturned as an abuse of discretion."Gilliland declined comment afterward. It's not known if the agency will appeal the judge's decision.Spon
will decide who gets custody of Haylee after her trial, which he
scheduled for Nov. 16. He said people who might find themselves in
similar situations need to know how the court handles such a case."In the final analysis, justice for the one is an indicator of whether there will be justice for many," Spon said.Several
people are seeking custody of Haylee. In addition to her mother and
father, James Donathan, maternal grandmother Mary Watson and paternal
grandmother Connie Donathan want custody of the girl. Others interested
in custody are Ken and Loretta Means, who live in Mansfield and are
Mary Watson's cousins, and Steve and Susan Janoski, of Virginia. Steve
Janoski said his wife is Mary Watson's stepsister, a claim Mary Watson
disputes.The foster family is another option to become permanent custodians.

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