Kula pardon doesn’t effect court oversight
A Holmes County judge said Thursday, Feb.17, that a governor’s conditional pardon granted to a Brinkhaven man does not alleviate the man’s responsibility to pay child support.
Edward Kula, 44, of 1385 state Route 206, was ordered to continue paying his child support obligations by Common Pleas Court Judge Robert D. Rinfret. Kula appeared in court Feb. 17 on a probation violation brought on by his failure to keep up with payments only a few weeks after he was granted a conditional commutation of a suspended prison sentence signed Jan. 24 by former Ohio Gov. Ted Strickland.
Strickland’s pardon states that a 48-month suspended prison sentence handed down Nov. 18, 2009 by former Common Pleas Judge Thomas D. White may be dismissed by the Ohio Parole Board if Kula continues to pay child support.
Kula is currently serving three years probation, also ordered by White. The 48-month sentence was put in place as possible further punishment should Kula fail to follow the terms of his probation.
At the probation violation hearing, Rinfret had the option to order Kula to serve the 48-month sentence. Kula made two payments in November 2010 and one in January. He is still behind in payments and owes about $16,000 in back payments, Gary Aurand, chief probation officer, said.
Rinfret ordered Kula’s probation to continue. Kula said he has been working and making payments when he can.
The pardon does not state how adult parole is to determine if Kula is eligible for the pardon, only that it is their decision. Parole authorities have not been in contact with probation or Holmes County Children Services, according to testimony at the Feb. 17 hearing.
Dropping the 48-month suspended sentence means little more than the fact that it will no longer be hanging over Kula’s head if he again violates his probation. Aurand said he doesn’t know whether the commutation extends to punishment for future violations, if any.
Rinfret said the pardon doesn’t effect the court’s oversight in Kula’s child support obligations.
“I read (the commutation of sentence) as saying I still have control of the case,” Rinfret said. “He still owes his child support. The governor didn’t commute that.”
Edward Kula, 44, of 1385 state Route 206, was ordered to continue paying his child support obligations by Common Pleas Court Judge Robert D. Rinfret. Kula appeared in court Feb. 17 on a probation violation brought on by his failure to keep up with payments only a few weeks after he was granted a conditional commutation of a suspended prison sentence signed Jan. 24 by former Ohio Gov. Ted Strickland.
Strickland’s pardon states that a 48-month suspended prison sentence handed down Nov. 18, 2009 by former Common Pleas Judge Thomas D. White may be dismissed by the Ohio Parole Board if Kula continues to pay child support.
Kula is currently serving three years probation, also ordered by White. The 48-month sentence was put in place as possible further punishment should Kula fail to follow the terms of his probation.
At the probation violation hearing, Rinfret had the option to order Kula to serve the 48-month sentence. Kula made two payments in November 2010 and one in January. He is still behind in payments and owes about $16,000 in back payments, Gary Aurand, chief probation officer, said.
Rinfret ordered Kula’s probation to continue. Kula said he has been working and making payments when he can.
The pardon does not state how adult parole is to determine if Kula is eligible for the pardon, only that it is their decision. Parole authorities have not been in contact with probation or Holmes County Children Services, according to testimony at the Feb. 17 hearing.
Dropping the 48-month suspended sentence means little more than the fact that it will no longer be hanging over Kula’s head if he again violates his probation. Aurand said he doesn’t know whether the commutation extends to punishment for future violations, if any.
Rinfret said the pardon doesn’t effect the court’s oversight in Kula’s child support obligations.
“I read (the commutation of sentence) as saying I still have control of the case,” Rinfret said. “He still owes his child support. The governor didn’t commute that.”
Published: February 23, 2011
