Heading Logo


Former doctor James Bressi files for new trial; judge may impose jail time sentence

By LAURA FREEMAN Reporter Published: April 19, 2017 12:03 AM
  • 1 of 2 Photos | View More Photos

UPDATE

Judge Judy Hunter continued sentencing of James Bressi on April 19 until May, he is still seeking a new trial. More details will be in the Sunday, April 23 edition of the Hudson Hub-Times.

 

~~~ORIGINAL STORY~~~~

AKRON -- About two and a half years have passed since a jury found a former Hudson osteopathic doctor guilty of sexual imposition. On April 19, a judge could send him to jail or consider his attorney's request to continue a stay of execution of sentence, after filing a motion for a new trial.

[Article continues below]

James P. Bressi was sentenced on Oct. 7, 2014, but Summit County Court of Common Pleas Judge Tom Parker ordered a stay of execution of sentence to allow Bressi to appeal.

Bressi, who was given credit for serving 13 days in jail, would serve the remaining 46 days of the 59-day sentence in the Summit County jail and pay a $500 fine if a judge imposes his jail sentence April 19.

The 9th District Court of Appeals heard the case and confirmed the conviction Aug. 3, 2016.

Judge Scot Stevenson agreed to keep the stay of execution of sentence in place Aug. 30, 2016, for a second appeal to the Ohio Supreme Court.

The Ohio Supreme Court considered but did not take the case within the last month, according to Bressi's attorney, Michael Callahan.

[Article continues below]

Bressi appeared April 17 before visiting Judge Judy Hunter. Court documents dated April 17 show Bressi is asking for a new trial based on new evidence.

"The purpose today of the proceeding was to impose a sentence that was earlier suspended when this defendant appealed a conviction on a third degree misdemeanor," Hunter said. "It's back to us now to impose the sentence that had already been decided by a previous judge."

After the trial in 2014, Judge Parker sentenced Bressi to 59 days in jail with credit for time served, which was appropriate in this case, Hunter said. Bressi also will be required to register as a sexual predator for the next 15 years after imposition of the sentence, according to Hunter.

"Now, I have been handed a motion to continue the stay of execution of sentence," Hunter said. "The defendant is asking for a new trial based on newly discovered evidence."

Hunter said she could have imposed the sentence but "in fairness" to the defendant she would wait until Wednesday at noon.

"I am not comfortable imposing a sentence without even having seen it (the motion)," Hunter said.

Hunter said she did not appreciate that the motion was given to her until the last moment.

Callahan said the Ohio Supreme Court only made its decision in the last couple of weeks, and a trial court did not have jurisdiction to hear the motion until now.

"The trial court had no jurisdiction to hear this motion I filed," Callahan said. "It was just in the last couple weeks I could file this motion."

Bressi's hearing in front of Judge Hunter is scheduled for noon on April 19 but a courtroom had not been determined by press time.

Callahan said the Ohio Supreme Court only made its decision in the last couple of weeks, and a trial court did not have jurisdiction to hear the motion until now.

"The trial court had no jurisdiction to hear this motion I filed," Callahan said. "It was just in the last couple weeks I could file this motion."

Bressi's hearing in front of Judge Hunter is scheduled for noon on April 19 but a courtroom had not been determined by press time.

"The purpose today of the proceeding was to impose a sentence that was earlier suspended when this defendant appealed a conviction on a third degree misdemeanor," Hunter said. "It's back to us now to impose the sentence that had already been decided by a previous judge."

After the trial in 2014, Judge Parker sentenced Bressi to 59 days in jail with credit for time served, which was appropriate in this case, Hunter said. Bressi also will be required to register as a sexual predator for the next 15 years after imposition of the sentence, according to Hunter.

"Now, I have been handed a motion to continue the stay of execution of sentence," Hunter said. "The defendant is asking for a new trial based on newly discovered evidence."

Hunter said she could have imposed the sentence but "in fairness" to the defendant she would wait until Wednesday at noon.

"I am not comfortable imposing a sentence without even having seen it [the motion]," Hunter said.

Hunter said she did not appreciate that the motion was given to her until the last moment.

Callahan said the Ohio Supreme Court only made its decision in the last couple of weeks, and a trial court did not have jurisdiction to hear the motion until now.

"The trial court had no jurisdiction to hear this motion I filed," Callahan said. "It was just in the last couple weeks I could file this motion."

Bressi's hearing in front of Judge Hunter is scheduled for noon on April 19 but a courtroom had not been determined by press time.

The Original Trial

Bressi treated a woman at Summit Pain Specialists in Stow, which he owned and operated at the time. The clinic closed Aug. 15, 2016.

During osteopathic manipulation treatment, the woman testified Bressi placed her arm along the side of her body and pressed his genitalia in her upturned hand. Bressi testified during the trial that he believed the woman mistook his genitalia for two bottles he carried in his pocket.

The jury found Bressi not guilty of 26 of the 27 indictments against him, including two counts of rape, 13 counts of gross sexual imposition and 11 counts of sexual imposition against 10 women.

He voluntarily surrendered his medical license to the Ohio Medical Board May 28, 2015, and the State Medical Board issued an order to permanently revoke the license.


Rate this article

Do you want to leave a comment?   Please Log In or Register to comment.