"Bond is Revoked!" Judge O'Donnell Sends Two-Time Drug Offender Straight to Jail

Ajouté : 2026-05-31

[00:00:00]enter a guilty plea to count one, aggravated possession of drugs, a felony of the third degree, also with a forfeiture specification.

[00:00:08]Uh the state would ask for a pre-sentence report and a drug and alcohol evaluation, and there is no agreement as to sentencing. Thank you.

[00:00:22]>> Um T. Burke.

[00:00:24]>> Good afternoon, Your Honor. I discussed this matter with Mr. Speasman, and I believe guilty pleas will be forthcoming as to both cases uh on the terms outlined by Mr. Bell.

[00:00:53]>> All right.

[00:00:56]Is that all correct, Mr. Speasman?

[00:00:58]>> Yes, Your Honor.

[00:01:23]>> [clears throat] >> All right. How old are you?

[00:01:29]>> I'm 44, Your Honor.

[00:01:30]>> All right. Have you prior to go through school?

[00:01:32]>> I I have my GED, and I'm in college.

[00:01:36]>> Are you a US citizen?

[00:01:38]>> Yes, Your Honor.

[00:01:38]>> Are you able to read, write, and understand the English language?

[00:01:41]>> Yes, Your Honor.

[00:01:42]>> Prior to coming to court, have you taken any drugs or alcohol or any prescription medication in the last 48 hours?

[00:01:48]>> No, Your Honor.

[00:01:49]>> Have you ever been diagnosed with or treated for any mental illness?

[00:01:53]>> No, Your Honor.

[00:01:54]>> And the five or the 023 case, did you get a copy of that indictment?

[00:02:04]>> Yes, your honor.

[00:02:05]>> And you're going to plead guilty to possession of drugs of felony five as well as a forfeiture specification, is that correct?

[00:02:11]>> Yes, your honor.

[00:02:12]>> And in 566, did you get a copy of the information?

[00:02:15]>> Yes, your honor.

[00:02:19]>> And are you going to plead guilty to aggravated possession of drugs of felony three and a forfeiture specification?

[00:02:25]>> Yes, your honor.

[00:02:26]>> In that case, do you understand you have a right to have the case presented to the grand jury for them to decide whether or not to indict you?

[00:02:32]>> Yes, I do.

[00:02:33]>> Did you discuss that right with your attorney?

[00:02:35]>> Yes, your honor.

[00:02:36]>> And are you going to waive that right?

[00:02:38]>> Yes.

[00:02:39]Your honor.

[00:02:41]>> Okay, say your name All right, I'll accept the waiver of indictment. Now, before I accept your guilty plea, I need to determine that you know and understand the constitutional rights you'll be waiving, consequences of your guilty plea, and the maximum penalty I could give you, and I need to be satisfied that your guilty plea is being made freely, knowingly, and voluntarily. So, I'm going to ask you questions.

[00:03:35]If you don't understand the question or you want to talk to Mr. Fatica some more, let me know and I'll give you more time. You understand that?

[00:03:40]>> Yes, your honor.

[00:03:41]>> So, these I'm going to go over your rights that apply to both of these cases.

[00:03:46]Uh you understand that uh you have a constitutional right to have a trial either to me or to a jury of 12 Lake County citizen. Do you understand that?

[00:03:55]>> Yes, your honor.

[00:03:55]>> waiving that right?

[00:03:57]>> Yes, I am.

[00:03:57]>> If you go to a jury trial, all 12 members must agree to a guilty verdict before you can be found guilty. Do you understand that right?

[00:04:04]>> Yes, your honor.

[00:04:04]>> Are you waiving that right?

[00:04:06]>> Yes, your honor.

[00:04:06]>> If you go to a jury trial or if you go to a trial, the prosecutor will call witnesses to testify against you. Do you understand the prosecutor must prove you guilty beyond a reasonable doubt at the trial?

[00:04:16]>> Yes, your honor.

[00:04:17]>> After the witnesses are done testifying for the prosecutor, you have the constitutional right to have your lawyer cross-examine the witnesses. Do you understand that right?

[00:04:25]>> Yes, your honor.

[00:04:26]>> Are you waiving that right?

[00:04:27]>> Yes, your honor.

[00:04:28]>> If you go to trial, you have the right to have witnesses come here and testify for you. Do you understand that right?

[00:04:32]>> Yes, your honor.

[00:04:33]>> Are you waiving that right?

[00:04:34]>> Yes, your honor.

[00:04:35]>> If those witnesses refuse to come to court, I'll issue an order called a subpoena to make them come and testify.

[00:04:40]Do you understand that right?

[00:04:42]>> Yes, your honor.

[00:04:42]>> Are you waiving that right?

[00:04:43]>> Yes, your honor.

[00:04:44]>> You have the right to testify at trial if you want to. Do you understand that right?

[00:04:48]>> Yes, your honor.

[00:04:48]>> Are you waiving that right?

[00:04:49]>> Yes, your honor.

[00:04:50]>> You have the constitutional right to not testify at trial if you do not want to.

[00:04:53]Do you understand that right?

[00:04:55]>> Yes, your honor.

[00:04:55]>> Are you waiving that right?

[00:04:56]>> Yes, your honor.

[00:04:57]>> If you decide not to testify at trial, nobody is permitted to comment on that decision. Do you understand that?

[00:05:03]>> Yes, your honor.

[00:05:04]>> If you go to trial and you're found guilty, you have the right to appeal the guilty finding. Do you understand that right?

[00:05:08]>> Yes, your honor.

[00:05:09]>> Are you waiving that right?

[00:05:10]>> Yes, your honor.

[00:05:11]>> If you file an appeal, you have the constitutional right to have a lawyer represent you in the appeal. Do you understand that right?

[00:05:16]>> Yes, your honor.

[00:05:17]>> Are you waiving that right?

[00:05:18]>> Yes, your honor.

[00:05:19]>> If you could not afford to hire a lawyer, one would be provided at no cost. Do you understand that?

[00:05:23]>> Yes, your honor.

[00:05:24]>> If you file an appeal, you're entitled to have a transcript of all the hearings in this case. Do you understand that right?

[00:05:29]>> Yes, your honor.

[00:05:29]>> Are you waiving that right?

[00:05:30]>> Yes, your honor.

[00:05:31]>> If you could not afford a copy of those transcripts, they'd be given to you at no cost. Do you understand that?

[00:05:35]>> Yes, your honor.

[00:05:36]>> If you plead guilty here today, you will not have the right to appeal the guilty finding. Do you understand that?

[00:05:41]>> Yes, your honor.

[00:05:42]>> Do you have any question about any of these rights?

[00:05:44]>> No, your honor.

[00:05:45]>> Do you still want to plead guilty to these charges?

[00:05:47]>> Yes, your honor.

[00:05:48]>> You understand by pleading guilty you're fully admitting your guilt to the charges.

[00:05:52]>> Yes, your honor.

[00:05:53]>> You understand by pleading guilty to these felonies that you're voluntarily giving up your freedom for whatever period of time I could sentence you to prison, to jail, or to community control.

[00:06:01]>> Yes, your honor.

[00:06:03]>> All right, in the 5 the 023 case, possession of drugs is a felony 5 and carries a 12-month maximum prison sentence and a $2,500 maximum fine. Do you understand that?

[00:06:15]>> Yes, your honor.

[00:06:16]>> If you plead guilty to the forfeiture specification, you're voluntarily giving up any right you would have to the items listed. Do you understand that?

[00:06:23]>> Yes, your honor.

[00:06:24]>> In case 566, possession of drugs is a felony of the third degree, carries with it a maximum prison sentence of 36 months and a maximum fine of $10,000. Do you understand that?

[00:06:37]>> Yes, your honor.

[00:06:38]>> And if you plead guilty to that forfeiture specification, you're giving up any right you would have to the methamphetamine. Do you understand that?

[00:06:45]>> Yes, your honor.

[00:06:45]>> Now, I could give you a consecutive sentence in these cases, meaning one sentence after another for the separate cases. If I did that, you're facing a maximum prison term of 48 months and a maximum fine of $12,500.

[00:06:57]Do you understand that?

[00:06:58]>> Yes, your honor.

[00:07:00]>> Are you presently on post-release control to the parole authority?

[00:07:06]>> I've never been in quick prison.

[00:07:09]I've never been.

[00:07:10]>> Yeah, have you ever been?

[00:07:12]>> Yes, I have.

[00:07:12]>> Are you on post-release control or parole?

[00:07:15]>> Yeah, I know. No.

[00:07:17]>> Then that's what you told me.

[00:07:18]>> No, your honor.

[00:07:19]>> All right, one other thing about the 566 case. There is a presumption in favor of a prison sentence being imposed in that case. You would have to overcome that presumption at the time of sentencing for me not to impose a prison sentence.

[00:07:33]Do you understand that?

[00:07:34]>> Yes, your honor.

[00:07:38]>> Do you understand that your guilty plea may result in a driver's license suspension in each case of between 6 months and 5 years.

[00:07:45]>> Yes, Your Honor.

[00:07:46]>> You understand your felony conviction prevents you from owning or possessing a firearm.

[00:07:50]>> Yes, Your Honor.

[00:07:51]>> You understand if a prison term is imposed in this case, you might have to serve a period of post-release control as part of your sentence after your release for up to 2 years under the parole authority.

[00:08:02]>> Yes, Your Honor.

[00:08:02]>> If you are placed on post-release control and you violate any conditions, parole authority could return you to prison for up to 9 months for each violation up to 1/2 of my sentence. Do you understand that?

[00:08:14]>> Yes, Your Honor.

[00:08:14]>> If that violation is a new felony, then you could get an additional consecutive prison sentence for the violation. Do you understand that?

[00:08:21]>> Yes, Your Honor.

[00:08:22]>> If that were to occur, the maximum prison sentence for that violation would be the greater of 12 months or the time left under post-release control. Do you understand that?

[00:08:30]>> Yes, Your Honor.

[00:08:30]>> You understand if a prison term is imposed, you are eligible for judicial release.

[00:08:35]>> Yes, Your Honor.

[00:08:35]>> You could be placed on community control for up to 5 years and if you violate violate any conditions, I could send you to prison for 48 months. Do you understand that?

[00:08:43]>> Yes, Your Honor.

[00:08:44]>> Has anybody promised you I would be lenient on you just because you're pleading guilty today?

[00:08:48]>> No, Your Honor.

[00:08:49]>> Has anybody promised you what I would sentence you to in this case?

[00:08:51]>> No, Your Honor.

[00:08:52]>> Do you understand I don't have to follow the sentencing recommendation of either the prosecutor or your lawyer?

[00:08:57]>> Yes, Your Honor.

[00:08:58]>> Have you had enough time to talk to Mr. Fatica before pleading guilty today?

[00:09:02]>> Yes, Your Honor.

[00:09:03]>> Has he discussed everything about your case and answered all of your questions?

[00:09:06]>> Yes, Your Honor.

[00:09:06]>> Are you satisfied with the advice he's given you?

[00:09:09]>> Yes, Your Honor.

[00:09:09]>> Have you been threatened or coerced in any way to plead guilty today?

[00:09:12]>> No, Your Honor.

[00:09:13]>> Are you freely, knowingly, and voluntarily entering your guilty plea?

[00:09:17]>> Yes, Your Honor.

[00:09:18]>> Do you have any questions?

[00:09:19]>> No, Your Honor.

[00:09:21]>> All right.

[00:09:23]Ms. Tellis, uh, if 023 went to, uh, trial, what would the evidence show?

[00:09:28]>> Thank you, Your Honor. Had this matter proceeded to trial, the state would have proven beyond a reasonable doubt in case number 25 CR 23 that on December 29th, 2024, uh, that defendant was pulled over for a traffic violation in Lake County, Ohio. As a result of that stop, his vehicle was searched and clonazepam, a schedule four drug controlled substance, was found. The defendant did not have a prescription for that drug and he was previously convicted of a drug abuse offense, uh cultivation of marijuana in violation of Revised Code Section 2924.04A in the Cuyahoga County Court of Common Pleas, case number CR15597572A, dated January 11th, 2016.

[00:10:16]>> Mr. Kotecki, anything to add to those facts?

[00:10:19]>> No, thank you, Your Honor.

[00:10:20]>> Mr. Spiezman, did you hear what Ms. Bell said the facts would show if the case went to trial?

[00:10:25]>> Yes, Your Honor.

[00:10:26]>> Are those facts true?

[00:10:27]>> Yes, Your Honor.

[00:10:28]>> What is your plea to possession of drugs, a felony five?

[00:10:32]>> Guilty, Your Honor.

[00:10:33]>> What is your plea to the forfeiture specification?

[00:10:36]>> Guilty, Your Honor.

[00:10:37]>> Ms. Bell, if 566 went to trial, what would the evidence show?

[00:10:42]>> Had this matter proceeded to trial, the state would have proven beyond reasonable doubt that on April 22nd, 2025, the defendant again was subject to a traffic stop, this time in Painesville, Lake County, Ohio.

[00:10:53]Uh as a result of that stop, methamphetamine, a schedule two drug, was found and that methamphetamine exceeded the bulk amount but was less than five times the bulk amount.

[00:11:02]Thank you.

[00:11:03]>> All right. Mr. Kotecki, anything to add to those facts?

[00:11:07]>> No, thank you, Your Honor.

[00:11:08]>> Mr. Spiezman, did you hear what Ms. Bell said the facts would show if that case went to trial?

[00:11:12]>> Yes, Your Honor.

[00:11:13]>> Are those facts true?

[00:11:14]>> Yes, Your Honor.

[00:11:15]>> What is your plea to possession of drugs, a felony three?

[00:11:18]>> Guilty, Your Honor.

[00:11:19]>> What is your plea to the forfeiture specification?

[00:11:21]>> Guilty, Your Honor.

[00:11:22]>> Mr. Kotecki, >> Okay, these are the originals. They're the same thing.

[00:11:56]>> All right, are we okay to sign now?

[00:11:57]>> Yep.

[00:12:08]Sign here, please.

[00:12:44]All right, this is the same thing in the second case as well.

[00:13:00]All right.

[00:13:31]>> Thank you.

[00:13:36]Thanks.

[00:13:41]>> All right, Mr. Speasman on the 23 023 case is that your signature on the written plea of guilty?

[00:13:48]>> Yes, your honor.

[00:13:49]>> Did you sign it voluntarily?

[00:13:51]>> Yes, your honor.

[00:13:51]>> Do you want me to accept your written plea of guilty?

[00:13:54]>> Yes, your honor.

[00:13:55]>> Accept the written plea of guilty on the 566 case is that your signature on this written plea of guilty?

[00:14:00]>> Yes, your honor.

[00:14:01]>> And did you sign that one voluntarily?

[00:14:03]>> Yes, your honor.

[00:14:04]>> Do you want me to accept that written plea of guilty?

[00:14:06]>> Yes, your honor.

[00:14:07]>> Accept the written plea of guilty.

[00:14:09]Finally present Mr. Vattikuti.

[00:14:12]Advised of all his rights and knowing and intelligent voluntary waiver of those rights, he understands the nature of the charge, consequences of his guilty pleas and the maximum penalty 5 and he knowingly and intelligently and voluntarily will accept his pleas of guilty and find him guilty on the 023 case of possession of drugs and felony 5 and the specification and in the 566 case guilty of possession of drugs and felony 3 and the specification. I'll refer both cases for a pre-sentence report and a drug and alcohol evaluation. Sentencing will be July 2 at 11:00 a.m.

[00:14:45]on uh the 23 case that bond remains revoked on the 566 case I'm going to revoke revoke that bond. I'm going to sign an entry that allows you to be taken to your scheduled appointment on May 29th at noon. You'll be taken there by the Sheriff's Department.

[00:15:09]So, you're not going to miss that appointment, but the bonds are going to stay revoked. Is there anything else, Ms. Bell?

[00:15:15]>> I think we're good, your honor. Thank you.

[00:15:16]>> Mr. Vattikuti.

[00:15:17]>> No, thank you, your honor.

[00:15:18]>> All right, we're adjourned.

[00:15:19]>> All rise.

[00:15:20]>> You can be seated.