Judge Sezon stayed with the plea agreement reached by the defense and prosecution after detailed negotiations. Sex offender Donald M. McCormack plead guilty in March for having inappropriate sexual relationships with female athletes during his coaching tenure at Jefferson Area Schools.
McCormack plead No Contest to the following charges: Attempted Child Endangering, a fourth degree felony; Sexual Imposition, a third degree misdemeanor; and Sexual Imposition, a third degree misdemeanor. The remaining charges have been dismissed. The parties have stipulated that McCormack will be sentenced as follows: McCormack will be placed on community controls for a period of five years with the following conditions, in addition to the other standard conditions: McCormack must remain law-abiding and he will not be permitted to attend any youth athletic or other school-related events.
McCormack, of Jefferson, listens during his sentencing hearing Friday before Ashtabula County Common Pleas Judge Marianne Sezon in Jefferson McCormack must receive counseling for sexual offenders from a reputable counseling agency, and comply with all recommended course of treatment.
He shall have no contact, either directly or indirectly, with the victims or any of their family members. McCormack will be required to register annually with the County Sheriff for a period of 10 years as a sexually oriented offender. He waived his rights to appeal.
State of Ohio v. The seven-count indictment, a copy of which is attached, charges Mr. McCormack with three counts of Sexual Battery, each of which are third degree felonies; one count of Endangering Children, a felony of the third degree; on count of Gross Sexual Imposition, a felony of the fourth degree; and two counts of Sexual Imposition, each of which are misdemeanors of the third degree. In addition, Rodney R. McCormack toward the student-athletes.
After the public learned of these complaints and Mr. Holmes was also allegedly present and observed other inappropriate conduct of McCormack towards players, yet failed to report such conduct to authorities. Attorneys for alleged sexual offender want audio tape ruled inadmissible for trial AshtabulaCurrent William A.
Erie Street in Jefferson about 9 a. The defense wants the interview suppressed for a multitude of reasons; most are centered around the interview techniques employed by Cleveland and Sullivan. Ashtabula County Prosecutor Nicholas Iarocci and Chief Assistant prosecutor Cecilia Cooper object to the motion requested by the defense saying that McCormack was fully aware of what was taking place. The idea of McCormack having legal representation was not mentioned until McCormack asked about having a lawyer.
Cleveland said they could not offer legal advice. Cleveland not give the Miranda warning during the interview because McCormack was not under arrest. McCormack admitted to close and extended hugging of some players and masturbating afterwards. He denied there was any physical sexual contact with his players. Judge Sezon is expected to rule on the motion at a later date. McCormack was an assistant varsity girls basketball coach, junior varsity girls basketball coach and softball coach.
Also included as defendants are John Does , names and addresses unknown to plaintiffs, employees and former employees of JALSD, and John Does , names and addresses unknown to plaintiff, employees and former employees of the Star Beacon.
McCormack offered her money and clothes as a way to lure her to Jefferson High School to play basketball in Wilson says that McCormack told her that she would have a better chance of securing a college scholarship.
Wilson states in her complaint that McCormack attempted to control her by 1. Offering cash and gifts, 2. Using his position at sports editor and his control of sports coverage to manipulate her as she sought a college basketball scholarship, 3. Enticing and encouraging her to drink alcoholic beverages, 5. The complaint accuses all defendants other than McCormack of providing McCormack unlimited access to facilities and offices where he could be alone with the plaintiff and perform sexual assaults.
Wilson also alleges that McCormack surreptitiously took photographs of her at basketball practice and used them for his own sexual gratification. McCormack is alleged to have exhibited this type of behavior towards other minor females before he came into contact with Wilson with the other defendants knowing or should have known about his perverted behavior the complaint states.
It also states that all named defendants ignored evidence that assaults were going on when a reasonable person would have interceded. The counts against McCormack in regard to Wilson 1. McCormack intentionally put Wilson in a reasonable apprehension of harmful, unwanted physical contact, including fear of rape and sexual assault. McCormack intentionally committed two alleged harmful assaults with Wilson in which he touched and penetrated her vagina.
McCormack is alleged to have kissed Wilson on the mouth, touched her thighs, posterior and breasts intentionally and nonconsensually. McCormack, when in a position of authority, engaged in sexual conduct while Wilson was a minor and attending school where he coached.
His actions caused the plaintiff extreme mental anguish and deep-seated emotional issues that have affected her every day since the conduct began. Her complaint states that McCormack began providing her gifts and a computer in his attempt to isolate her and gain her trust during the summer prior to Ziemski beginning the ninth grade in and thereafter. His actions culminated in non-consensual physical contact with Ziemski.
The counts against McCormack in regard to Ziemski 6. McCormack intentionally put Ziemski in a reasonable apprehension of harmful, unwanted physical contact, including fear of rape and sexual assault.
McCormack intentionally committed harmful contacts with Ziemski and and allegedly one sexual assault in which McCormack placed placed his hands in her shorts. Ziemski suffered injuries and damages including severe emotional distress.
McCormack, when in a position of authority, engaged in sexual conduct while Ziemski was a minor and attending school where he coached. The counts against McCormack in regard to both Wilson and Ziemski McCormack had a duty to avoid harming Wilson and Ziemski.
The alleged offenses include physical touching of Wilson during basketball practices; traveling with Ziemski to basketball tournaments, giving McCormack a key to the athletic areas of the school where assaults took place and delivering threats of lost playing time, potential plaudits and a chance for a scholarship through evaluation and playing time.
The re-hiring of him after suspicious voluntary resignations. Defendants failed to report such abuse. The defendants were reckless and wanton in failing to take reasonable actions to prevent sexual assaults of the plaintiffs and failing to report the alleged abuse to the required statutory authorities.
Defendants knew or should have known of the incompetence of McCormack and his inappropriate conduct that was committed during the course of his employment. McCormack staying with Wilson after working hours under the pretense of doing actual work; stalking, observation and coverage of plaintiffs Wilson and Ziemski.
Plaintiffs incorporate each and every one of the foregoing allegations and assertions as though each were fully restated. Background McCormack was arrested at his 67 E. McCormack was a year employee of the newspaper and was the sports editor for the past 16 years. McCormack resigned from his Jefferson Area School softball head coach position mid-season for personal reasons. McCormack was charged with three counts of gross sexual imposition, class four felonies, and one count of endangering children, a class three felony.
The charges stem from incidents that allegedly occurred in the years and He was represented by attorney John Fatica of Cleveland. He is not to contact the alleged victim in any way. McCormack is not to have contact with anyone under the age of The seven-count indictment charges Mr. The charges involved four female victims. Holmes failed to report such misconduct to authorities as required by law.
Holmes case was transferred to Ashtabula County Juvenile Court. Five of the charges are felonies, the other two misdemeanors. Four victims have come forward with allegations against McCormack. He appeared in court with Cleveland attorney John Fatica. A large group of former players and their families attended the brief hearing.