News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

Metro RTA

Cedar Point

Northeast Ohio Medical University


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Crime and Courts


Ohio's Supreme Court says David Millan's sentence was OK
Head of investigative task force says Millan's Evergreen Corporation targeted minorities, low income families
by WKSU's TIM RUDELL


Reporter
Tim Rudell
 
The Thomas J. Moyer Ohio Judicial Center in Columbus
Courtesy of Wikipedia
Download (WKSU Only)
In The Region:
A one-time Akron entrepreneur was hoping to get out of jail a little sooner after an appeals court said he was improperly sentenced. But, upon further review, that’s not happening. WKSU’s Tim Rudell reports
Click to listen

Other options:
Windows Media / MP3 Download (1:04)


Evergreen scandal
Some called it “Evergreen Corporation.” Some, “Evergreen Homes.” But prosecutors in 2007 said it engaged in fraud. David Willan, who ran it, was found guilty on 68 criminal counts and sentenced to 16 years.

Overturned
He appealed; sixty two convictions were set aside. And, the appeals court said his sentence had to be re-done because the statute prescribing a mandatory ten-year term for engaging in a pattern of felonious behavior—a key to Millan’s sentence—is too poorly worded to be applied.

Spirit of the law
Will Huhn of the University of Akron Law department says that can be a Constitutional issue.Will Huhn professor, University of Akron “The lesson of the 14th amendment is that the law must be fair. "The law cannot be ambiguous.  If a criminal law is susceptible to two different meanings, then the meaning is chosen that goes against the state."  

SUPCO 
But, Ohio’s Supreme Court heard an appeal of the appeal and ruled that while the law does not appear to be very well written—in fact, it includes a 307-word sentence—is nonetheless functionally clear. Willan’s sentence stands.

More appeals?
Willan's lawyer, Andrea Whitaker of Akron told WKSU: "We will continue to do everything we can to reverse this unjust result."  She did not indicate what form further action may take.

Investigators
Summit County Sheriff Steven Berry headed the Summit County Fraud Task Force that investigated the Evergreen case. He told WKSU that despite many charges being whittled away in the appeal process, the main felonies that proved the "pattern of felonious behavior" remained in place, and so the ten year mandatory sentence for that crime rightly remained in place too.   

Related WKSU Stories

Appeals court tosses mortgage fraud convictions
Thursday, December 22, 2011

Head of mortgage and investment scheme convicted on more charges
Wednesday, May 27, 2009

Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Portman predicts McDonald's confirmation, but says it won't be easy
I sent the following note to Senator Blumenthal after reading commentary from yesterday's hearing: Senator, You certainly have the right to ask Mr. McDonald que...

Seven minutes changed everything, but what changed Ashford Thompson?
He shot the guy four times in the head. I have never been that drunk or mad, and I have been through it. Shoot a guy once is bad, maybe a mistake, shoot a guy f...

First cricket farm in the U.S. opens in Youngstown
I am interested in cricket flour to replace soy flour in a low carbohydrate diet. As soon as you have cricket flour available for the average person, please le...

New process starts digesting sludge in Wooster
Awesome! When do our sewage rates decrease accordingly?

Akron's Chapel Hill Mall in foreclosure
Not a surprise. Between the shoplifting, gangs and violence that goes on up there it is no wonder that no one feels safe to shop at Chapel Hill. They have sca...

Ohio launches investigation into at least one Concept charter school
I worked at Noble Academy Cleveland as admin assistant and enrolment coordinator for 6 years, I know this is so valid and true and can provide staff names and p...

Crisis looms in filling aviation industry jobs in Ohio and the nation
I listened to this story yesterday morning on the radio and just want to add this comment. My son went to school to train as an air traffic controller, and gra...

Cuyahoga Valley National Park considers fire to fight invasives
I'm for the controlled burn. There are not enough people (myself included) who volunteer for the removal of invasive plant species. Therefore, another solution ...

Copyright © 2014 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University