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Athletic Trainer Released Early

A former athletic trainer at Clay High School convicted of having sex with a student was granted an early release from prison today with some conditions.

Rober

Lucas County Common Pleas Judge Gary Cook granted Melinda Rober’s motion for judicial release but placed her on community control for three years and ordered that she serve 45 days in the Lucas County Work Release Program followed by 45 days on electronic monitoring.

In 2014, Rober, 38, pleaded no contest and was found guilty of two counts of sexual battery for engaging in oral sex with a 17-year-old boy in the school’s football locker room on two occasions between December, 2011 and May 31, 2012.

She also admitted to having sex with the same young man at his home in Oregon between Sept. 1, 2012 and Oct. 31, 2012.

Judge Cook sentenced Rober to a year in prison, but her sentence was later put on hold by Ohio’s 6th District Court of Appeals while it considered her appeal. Her appeal ultimately was denied and she was returned to prison.

Her attorney Stephen Hartman said Rober had served more than half of her sentence and had a job waiting for her.

“I’m very pleased that the judge saw fit to do this,” he said. “She was disappointed she can’t go right home to her kids, but she understands why he imposed some community control sanctions. Under the circumstances, I think it’s reasonable.”
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Conviction upheld for ex-Clay High School athletic trainer

Ohio’s 6th District Court of Appeals has upheld the conviction and sentence of a former athletic trainer at Clay High School on two counts of sexual battery for improprieties with a 17-year-old student.

Melinda Rober, 38, pleaded no contest and was found guilty June 5, 2014, of two counts of sexual battery for engaging in oral sex with a 17-year-old boy in the school’s football locker room on two occasions in 2011 and 2012. She was sentenced to a year in prison by Lucas County Common Pleas Judge Gary Cook, although the appeals court put her sentence on hold while the case was appealed.

Her attorney, Stephen Hartman, had argued that the sexual battery statute is “unconstitutionally vague” because it applies to teachers, administrators, coaches “or other person in authority” but does not define who a person in authority is.

The appeals court disagreed. In its decision Wednesday, the court ruled that “persons of ordinary intelligence would understand that the statute’s prohibition of sexual contact between students and ‘persons of authority’ would include an athletic trainer with [Rober’s] job description who was assigned to work in the school.”

Mr. Hartman said he was disappointed and respectfully disagreed with the decision.

“I just don’t think that the statute is clear enough to sustain a conviction here,” he said. “The court disagreed, but I think we will likely seek review at the Supreme Court and see if they’ll take the case.”
Read more at http://www.toledoblade.com/Courts/2016/01/01/Conviction-upheld-for-ex-Clay-trainer.html#o9EJWIkGDusRzUoW.99

ORIGINAL ARTICLE:
http://www.toledoblade.com/Courts/2016/01/01/Conviction-upheld-for-ex-Clay-trainer.html