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May 13, 2008

Man jailed for daughter's GED failure

By Libby

Read this and be glad you're not the parent of problem teenager in Ohio. Judge David Niehaus of Butler County Juvenile Court sentenced Brian Gegner to six months in jail because his 19 year daughter Brittany has been unable to pass the math portion of the GED test. Even more astounding, although Gegner has legal custody of the daughter, she has been living with her birth mother since she herself gave birth to a child at the age of 17.

The court claims jurisdiction over the case because it began when the girl was 16 years old when she came before the bench on account of her truancy problems. Ironically, she ended up in the court system because Mr. Gergen and his second wife sought help from the authorities in trying to control the child.

Gergen's sister adds some context to the story. Gergen never married Brittany's mother and sought custody of the girl and her brother when they were toddlers. She has a history of acting out in her teen years and after she gave birth, she pleaded to be allowed to move in with her birth mom, which she did along with her baby and the baby's father. Both the daughter and birth mother agree that Gergen should not be the one held responsible for her failure to pass the test. Again, it is the only the math portion of the GED she has failed. She successfully passed the other subjects and is still trying to pass the math portion.

As for the judge, a Republican who was elected to the bench, he has an interesting record of decisions. He apparently is more offended by truant schoolgirls than he is by teenage rapists.

Two 15-year-old boys have been sentenced to a rehabilitation center for the rape of a third boy on a school bus. The Butler County Juvenile Court Judge originally gave each of the boys a one-year sentence -- one boy for rape and the other for complicity to rape.

David Niehaus then suspended the sentences in favor of a rehabilitation program in Hamilton, north of Cincinnati. The judge warned them that if they aren't successful in rehabilitation they could be put behind bars. When the boys finish the program Niehaus will decide whether they should be classified as sexual offenders.

And I couldn't find the final disposition on this case of child molestation but he did let the perpetrator plead down.

A teenage boy has pleaded guilty to reduced sex charges involving two younger boys he was babysitting in Butler County. The baby sitter, now 16, pleaded guilty to six counts of gross sexual imposition. He had originally been charged with rape of two boys who were ages 9 and 11 at the time of the alleged crimes. Judge David Niehaus set sentencing for 9 a.m. April 11 in Butler County Juvenile Court. The teen was released on electronic monitoring awaiting sentencing.

However, he apparently believes in throwing the book at parents.

A judge ordered jail time for a man and woman convicted of attempted assault for tying the woman's 12-year-old son to a lawn chair with duct tape. Butler County Juvenile Court Judge David Niehaus sentenced David Edester, 41, to 20 days in jail for confining his stepson to the chair for 2 1/2 hours May 5. The boy suffered a severe sunburn, police said.

That's not to condone the parent's choice of punishment but considering his decision here that caused the death of an infant, one might suggest he review his approach to penalites.

Tiffany died Sept. 30, 1986, from gangrene when the wounds she suffered from continuous beatings became infected. She had been living with her father for 27 days. Butler County Children Services had taken the child away from Jackson alleging poor living conditions.

Butler County Juvenile Court Judge David Niehaus placed Tiffany with Hubbard even though a psychologist’s report cautioned against it, and despite Hubbard’s juvenile conviction at 17 for molesting a 7-year-old.

Ironically he's been named Judge of the Year at least twice. If this is the best Ohio has got, I'd hate to see what the worst are like. [h/t Paul Wright]

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