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Wednesday, July 13, 2011

Female teacher to plead insanity in sex case

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Stacy Schuler turned herself in at the Warren County Courts Building on Feb. 4, 2011. The former teacher now says she was "insane" at the time of alleged sex and alcohol crimes involving five teen boys. She's escorted by Hank Arnett, a Warren County Sheriff's Deputy.
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The Enquirer/Cara Owsley
Stacy Schuler says she was "insane" at the time of alleged sex and alcohol crimes.
Stacy Schuler says she was "insane" at the time of alleged sex and alcohol crimes. / Enquirer file photo
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MASON – An ex-Mason High School physical education teacher now says she was "insane" at the time of alleged sex and alcohol crimes involving five teen boys.
Stacy Schuler, who faces 19 charges, changed her plea from "not guilty" to "not guilty by reason of insanity."
The change in plea, filed in a one-line document Monday, left Warren County Prosecutor David Fornshell scratching his head Tuesday.
"It’s certainly an interesting development," Fornshell said, noting Schuler previously denied the incidents happened and now, in essence, is admitting they occurred but says she should not be held legally responsible.
Schuler’s lawyer, Charlie H. Rittgers, declined to discuss why he changed the plea on behalf of Schuler, 33, of Springboro. The so-called insanity defense is highly unusual and rarely succeeds, experts say, although there’s typically some basis for it when it is attempted.

"Generally, when I’ve seen these pleas, there’s something behind this – it tells me something came up that’s cause for concern," said Akron lawyer Carmen Roberto, past president of the Ohio State Bar Association. During his 38-year law career, Roberto estimated he had seen fewer than 10 such pleas amid thousands of cases as both a defense lawyer and prosecutor.

Because the defendant is admitting the offense occurred in an insanity plea, "you start off a little bit behind the eight-ball," making the case difficult to win, Roberto said.

As of 2002, only about 2 percent of all suspects pursued an insanity defense -- and only about one-third of them secure an acquittal for mental-health reasons, Rita J. Simon, a professor of public affairs and law at American University in Washington, D.C., told the Enquirer previously.

Under Ohio law, Rittgers must show "by a preponderance (majority) of the evidence" that his client suffered a mental problem that blocked her ability to understand right versus wrong.

By filing the insanity plea, Rittgers opened the door for Schuler to possibly undergo three separate mental evaluations. The defense, prosecutor and judge may each request a separate one.

Attorney Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, a Sacramento-based organization that advocates "swift and certain punishment" of convicted criminals, said "most people are skeptical and reasonably so," when they hear of an insanity plea being filed. The insanity plea may be a "last-ditch argument" by a desperate defendant, he said.

But Simon has said that insanity pleas tend to draw a lot of attention, leading to a misperception that they are more common than they actually are.

Fornshell said the case is his first involving an insanity plea since he was appointed county prosecutor in February. He said Judge Robert Peeler could take some action related to the plea when the case heads to its next hearing July 21 in Common Pleas Court in Lebanon.

Schuler, who resigned from her job, is set for trial Aug. 8. She’s accused of 16 counts of sexual battery, which allege she had sexual contact with boys, plus three counts of providing alcohol to minors. The sex charges carry up to five years in prison if she’s convicted; each alcohol charge is punishable by six months in jail.

Authorities allege the incidents happened between August and December last year.

Schuler was released in February from the Warren County Jail on her promise to appear in court. Schuler’s location is being electronically monitored, officials said.


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