Middle Bass Island - Vandalism Notice

According to a October 5, 2004 letter received from Ottawa County Court of Common Pleas:

"State Of Ohio vs. Brian Cuiffo
Case No: 04-CR-083

As you may know, this case was previously referred for the Prosecutor's Pre-Trial Diversion Program, however this was denied. The Defendant has since pleaded Guilty, the matter was continued to sentencing.... Sentencing is presently set for November 12, 2004.

This office [Adult Probation Department] is currently conducting a Pre-Sentence Investigation in the above titled criminal case.

Pursuant to Ohio Revised Code... [victims] have the right to address the court regarding the impact of this offense upon... [the victim's] life and also to aid the Court in determining a proper sentence....

Your [victim's] response should be returned to the Adult Probation Department as soon as possible....

If you have any questions, please contact me [Andrew J. Haley, Chief Probation Officer] at the Ottawa County Adult Probation Office (419-734-6705)...."

Notice Received August 23

Spray Paint Vandalism Case Update

Carolyn Avery, Victim Assistance, Ottawa County Court mailed (dated August 20,
2004) the following information to victims of the spray painting vandalism on
Middle Bass in May 2004.

"RE: State of Ohio vs. Brian Cuiffo (Felony case) Case No. 04-CR-083

Please be advised that the above named Defendant has been recommended by the
Prosecutor for the pre-trial diversion program.

Mr. Cuiffo will be evaluated by the Probation Department to see if he qualifies. If the
defendant qualifies for the program the trial date will be vacated and a date will be set for
a diversion hearing. The Defendant will enter a no contest plea and will be placed in the
program with probation like conditions. The program may last from 0-5 years. If the
Defendant does not follow the program he will be found guilty without a trial and then
sentenced on the original charges. If the Defendant follows and abides by all conditions
of the program, at the conclusion the case will be dismissed.

Should you have any objections to the application of this program you must file written
notice with our office as soon as possible and prior to the diversion hearing on September
16, 2004.

Please be sure and submit any documentation regarding restitution that you feel you are
owed for damages to the Ottawa County Probation Dept. 315 Madison Street, 3rd Floor,
Port Clinton, Ohio 43452

If you have any questions concerning this letter, please contact me at the Prosecutor's
office 734-6845.

Yours truly,

Carolyn Avery

Earlier Notice

All, who were damaged by the defendant Brian A. Cuiffo, should have received a letter from Andrew J. Haley, Chief Probation Officer, Ottawa County Court of Common Pleas dated about July 28, 2004.

The letter states that the Ottawa County Prosecutor has referred the case to the probation office to conduct an investigation to determine the defendant's eligibility to participate in the prosecutor's Pre-Trial Diversion program. The letter asks for a written response to Mr. Andrew J. Haley, Chief Probation Officer, Adult Probation Department, 315 Madison Street, Room 303, Port Clinton, Oh 43452-1936. Mr. Haley asks that victims identify any economic loss, any physical harm caused, any emotional distress, and any other "effects" the offense had on you. You must reply by August 16, 2004. If you do not reply by that date, Mr. Haley will assume that you do not wish to comment and will proceed accordingly.

In a reply to a question 'What is the Pre-Trial Diversion Program?" Mr. Haley promptly replied:

"The Prosecutors Pre-Trial Diversion Program, is a special kind of
probation, wherein the State (prosecutor) recommends to the court that the
Defendant be placed on probation prior to a finding of guilty, and under
certain special or general conditions of probation, the Def. fixes or
changes the problems that brought them before the court originally.  If they
are successful on this probation, then the case is dismissed.  If they fail,
then the court finds them Guilty and proceeds to sentencing, which, at that
point, (although it is not carved in stone) the sentencing option of
probation is fairly remote.  At the point of the State filing the motion for
the Defendants placement into the program, the court orders this department
to conduct an investigation and prepare a report as to the appropriateness
(or not) of the Defendants placement in the program.  This is the stage we
are at presently.
     The letter we submitted to you as a victim asks for your input, not
only as to your opinion of the Defs. placement into the program, but also as
to your economic loss, any physical harm caused, any emotional distress, and
any other "effects" the offense had on you.

     Your response will be attached to the report that we give to the court
as an exhibit, and the judge considers the response in his decision.

    If you have any further questions, please do not hesitate to contact me
or the court; 419-734-6795.

Andy Haley
Chief Probation Officer
Ottawa County Adult Probation Dept."

Please take this opportunity to advise the Court.

Another Message from Jim

Notice to Those Affected by May, 2004 Vandalism

Those whose property/person was injured by the spray paint vandalism on 
Middle Bass in May, 2004 should have received the following information from 
the Ottawa County Common Pleas Court, 419-734-6840

Per the Ottawa County Common Pleas Court - Juvenile Division - 
Assignment Notice - July 6, 2004 - Kathleen L. Giesler, Judge

Amy Hageman, Juvenile, daughter of Daniel and Jeanne Hageman, 31300 
Hillard Blvd, Westlake, Oh  44145, Case No.: 20420206, is scheduled for a pre 
trial hearing on August 17, 2004.  [Amy is a juvenile who is believed to have 
participated in the May, 2004 spray painting vandalism on Middle Bass.]

Per the Ottawa County Court of Common Pleas - Judgment Entry - July 2, 
2004, Case No: 04-CR-083

Brian A. Cuiffo, Adult, pleaded NOT GUILTY as to each of the counts of the 
Indictment/Bill of Information.  Brian was released upon execution of the 
following forms of bail:  Personal Recognizance, conditioned upon residing at 
4688 West 210, Fairview Park, Oh 44126, 440-333-3785 and no alcohol.  Jury 
trial date is set for November 2, 2004.

If you have any questions call Ottawa County Common Pleas Court, ask for 
Carolyn Avery/Victim Advocate, Tuesday - Friday 8:30 am  - 4:30 pm,
419-734-6845.

This information was sent from Ottawa County Common Pleas Court to Jim, a victim of the May 2004 spray paint vandalism.

Jim
A victim of the vandalism on Middle Bass

Reproduction without written permission is forbidden for any purposes other than personal use.

Revised: 21 Jul 2008 07:50:14.

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