david lowery arrested??????

[sk8er1964]

Since you are in tight with the family, one can only assume that you are feeding the frenzie. It appears there is a plea and that there is an agreement to keep the contents secret which is why there has been nothing posted from those in the know.

Ummm, I don't think what?meworry? is the one who knows the family. That's WeBeEducated, if I am remembering correctly. Why are you on the attack anyway?

[what?meworry?]

well, sf123, if you take the time to review this thread, you will agree that sk8r'64 is accurate. you could, ya know, say "oops, sorry" and i promise i won't rub it in. it is webe who was very involved initially and an aquaintance of the plaintiffs. i actually was very skeptical initially until the indictment was published.

it isn't as though i haven't put my foot in my mouth before---although the last time i pm'd to take it back the most bizarre exchanges occurred with the poster---it almost convinced me to never try to correct an error ever again! really crazy.

anyway, i promise not to attack, namecall, make absurd accusations, etc., if you care to make a terse correction comment.

[dr.frog]

Just to point out an obvious fact, but pleas entered in criminal cases are a matter of public record, so if/when a plea is made in court, we will hear about it. No need to stir things up by talking about secret deals that the principals must keep hushed up.

[what?meworry?]

with all due respect, drf, it has NOT been that easy to find the information.

a summary and effort to update, given the latest plea date had come and gone, (postponed from 6-15 to 6-21 now) is hardly "stirring things up" given the circumstances of the situation!

i will not respond to any further "spitting" contest commentaries. but i will inquire again if 6-21 comes and goes without new data being posted.
(and that brings it to a full year and a day of delays! fyi:
confirmation of indictment was first published 6-20-03.
http://www.wcpo.com/news/2003/local/06/20/coach.html
and then 6-21-03.
http://www.cincypost.com/2003/06/21/lowery062103.html
the most recent delay set the plea hearing for yesterday. the link above no longer works and i wasn't able to call up anything under lowery's name.
just found a differerent link that still works:
http://www.courtclerk.org/aps/ttl/lns/cociw002.asp?B0305539
but no new entries for case # B 0305539
http://www.courtclerk.org/EKASH/radBE1B9.pdf
well, i sincerely hope for the sake of the young man and his family, that no further delay was granted.
any news?
also, drf, i couldn't find any documentation about the change to 6-21-04. which link did you use and how did you find it?
The court web site is now showing Lowery is scheduled to enter a plea on June 21.
ok, duh, "schedule" works after entering the case number on the court website: http://www.courtclerk.org/aps/ttl/lns/smcpb121.asp?B0305539

[Skatewind]

Since you are in tight with the family, one can only assume that you are feeding the frenzie. It appears there is a plea and that there is an agreement to keep the contents secret which is why there has been nothing posted from those in the know.
It seems that when someone updates one of these threads asking about the latest news or sharing information, SkateFan123 either blames them for a feeding frenzy or updating only to bump the thread. Since it is the off season & none of the threads need to be bumped in the first place because it's so slow, one does have to wonder about the motives for posting incorrect information about posters & their knowledge of unconfirmed secret plea agreements.

Obviously, there is interest in the outcome of this case because people are interested in seeing how it will affect grievances with USFSA & PSA.

[SkateFan123]

anyway, i promise not to attack, namecall, make absurd accusations, etc., if you care to make a terse correction comment.
Aye, sorry What?meworry? for confusing you with someone else. My mistake. I stand corrected.

[SkateFan123]

It seems that when someone updates one of these threads asking about the latest news or sharing information, SkateFan123 either blames them for a feeding frenzy or updating only to bump the thread. Since it is the off season & none of the threads need to be bumped in the first place because it's so slow, one does have to wonder about the motives for posting incorrect information about posters & their knowledge of unconfirmed secret plea agreements.

Obviously, there is interest in the outcome of this case because people are interested in seeing how it will affect grievances with USFSA & PSA.
If you are suggesting I have knowledge of a secret plea, you are dead wrong. There is a document on the clerk of courts site stating that the plea is complete. That is not a secret.

As to the terms, I have no clue but if I were a betting fan, I'd bet that the terms will not be released to the public and that the USFS and PSA will have no information to base grievances upon. That's just my guess. Emphasis on "GUESS". It's my experience that pleas often result in terms that prevent anyone involved from discussing the case. Whatever the terms of the plea are, all parties have to accept them, including the judge. We'll just have to wait until the plea is entered and ruled upon.

Unfortunately, most here won't be satisfied with a plea. Particularly, if it means no public record for which the USFS and PSA can justify suspension of the coach. If Lowery is guilty, the record should most definately be public.

Either way, I hope the young man and his family are at peace with the plea terms. That's what matters most.

[what?meworry?]

Aye, sorry What?meworry? for confusing you with someone else. My mistake. I stand corrected.

's ok...been known to put my foot in my mouth myself. no hard feelings.

[SkateFan123]

's ok...been known to put my foot in my mouth myself. no hard feelings.
Thank you, thank you, thank you!!!

[Skatewind]

If you are suggesting I have knowledge of a secret plea, you are dead wrong. There is a document on the clerk of courts site stating that the plea is complete. That is not a secret.
What I suggested was that you inappropriately attributed such knowledge of a secret plea to whatmeworry by posting incorrect information, not that you had knowledge, when you accused that poster of stirring things up. Others also noted there is no information available yet to suggest a secret plea, which was an idea you brought to the discussion. You have indicated your remark about whatmeworry was an error, so it's resolved. I also pointed out that people review & update the topic for other reasons besides a feeding frenzy, whether you believe that to be the case or not.

[what?meworry?]

Thank you, thank you, thank you!!!
golly gee whiz, we're bein' ever so civilized. :halo:

sniff, cough, cough, sneeze, blow, snort.
ok, now back to normal. ;)

skatewind: :bow: :bow: :bow: !

just had a chilling thought. lowery couldn't include in his criminal case plea agreement anything that would prevent a pursuit of a grievance against lowery with usfsa?
if i understand correctly, civil pursuit in court, and the usfsa grievance process are all separate and independant of any outcome of the criminal case, right?
i, for one, believe it is extremely important for this to be brought to usfsa and evaluated via the grievance process to consider banning lowery for life if the case presented warrents, no matter what the outcome of the criminal case (and civil suit, if any).

[Skatewind]

No, the grievance process is independent of anything in the court system, however, the results of the court case could be used to show cause for the grievance. Any plea or conviction would most likely be deemed unfavorable, however if he was to be convicted of the felony charge, it would basically prove the grievance beyond dispute. And yes, no matter the outcome of the criminal court, it could still be pursued in civil court & it would be a separate case requiring a lesser burden of proof. They may or may not be able to use the criminal case in a civil case to help the plaintiff, depending on the final plea agreement.

[SkateFan123]

No, the grievance process is independent of anything in the court system, however, the results of the court case could be used to show cause for the grievance. Any plea or conviction would most likely be deemed unfavorable, however if he was to be convicted of the felony charge, it would basically prove the grievance beyond dispute. And yes, no matter the outcome of the criminal court, it could still be pursued in civil court & it would be a separate case requiring a lesser burden of proof. They may or may not be able to use the criminal case in a civil case to help the plaintiff, depending on the final plea agreement.
You and WeBe both bring forth something to thing about. Skatewind is correct, the criminal case and the grievance with the USFS are separate. However, a plea could include dropping the grievance, and agreement not to pursue a grievance, or a civil settlement. Interesting to think about. Whatever the case may be, I'm sure the boards will flow hot and heavy with opinions.

[Skatewind]

Generally speaking, when there is a no contest plea, the criminal trial & outcome cannot be used as evidence against the defendant in a civil trial & the plaintiff has to present a new case using the eligible information.

Maybe you can give us some real case examples of your other scenario, regarding the signing of criminal plea agreements that include dropping things like grievances, etc. It doesn't sound routine. Particularly in a case involving minors, it seems like it would be considered rather negligent for the State to agree to such terms.

[SkateFan123]

Generally speaking, when there is a no contest plea, the criminal trial & outcome cannot be used as evidence against the defendant in a civil trial & the plaintiff has to present a new case using the eligible information.

Maybe you can give us some real case examples of your other scenario, regarding the signing of criminal plea agreements that include dropping things like grievances, etc. It doesn't sound routine. Particularly in a case involving minors, it seems like it would be considered rather negligent for the State to agree to such terms.Was there a "no contest" plea? I don't recall reading that.

Plea terms can be whatever both parties agree to as explained to me by two different attorneys. The judge does not have to approve the terms. He can also modify them. In two different cases involving two different members of my family, (not skating related) both resulted in pleas from the defendants and both contained unusual and creative plea bargaining. Both judges accepted the terms. In one case, the judge modified the terms to shorten monitored home confinement and lenghten probation and to increase the proposed settlement for damages. The other was accepted by the judge as written. In both cases, the District Attorney and the victims worked out the proposal to the defendant. That doesn't mean they all work that way in all states.

In the Lowery case, I am not aware of the terms of the plea, just that there was one. Since the plea was supposed to be presented in court early last week, I expected someone in the know to post the results. Since that has not been done, I can only believe that either there was another delay or the plea contained some agreement not to discuss the terms. Of course there may be another reason for the lack of information but I can't think of any other reason at the moment. I suspect we'll never know the terms of any plea in this case.

[dr.frog]

In the Lowery case, I am not aware of the terms of the plea, just that there was one. Since the plea was supposed to be presented in court early last week, I expected someone in the know to post the results. Since that has not been done, I can only believe that either there was another delay or the plea contained some agreement not to discuss the terms. Of course there may be another reason for the lack of information but I can't think of any other reason at the moment. I suspect we'll never know the terms of any plea in this case.

If you look at the court web site, there was NOT a plea entered last week. It is now scheduled to happen today. Speculating about secret plea bargains or agreements not to discuss the terms is pointless when nothing official has happened yet, and the fact that you persist in doing so is what is causing some of us here to think that you have some kind of personal agenda involved. I have no doubt that when Lowery makes a plea, it'll be posted on the court web site as soon as they get around to updating it.

[SkateFan123]

If you look at the court web site, there was NOT a plea entered last week. It is now scheduled to happen today. Speculating about secret plea bargains or agreements not to discuss the terms is pointless when nothing official has happened yet, and the fact that you persist in doing so is what is causing some of us here to think that you have some kind of personal agenda involved. I have no doubt that when Lowery makes a plea, it'll be posted on the court web site as soon as they get around to updating it.
I looked at the site, the last entry I see in from April, it states that on 4/22 a plea was completed and the court hearing was set for June 15. http://www.courtclerk.org/EKASH/rad839FC.tif (http://www.courtclerk.org/EKASH/rad839FC.tif)

I see nothing about a hearing today.

That is why I am surprised there has been nothing written about it. Was the hearing scheduled for the 15th postponed until today?

[Skatewind]

Was there a "no contest" plea? I don't recall reading that.
If you read what I posted again, I began my statement with "generally speaking" which means it is not a specific reference to the Lowery case but some general information when it comes to being able to use criminal cases in civil cases. I was responding to your post, which I felt contained misleading & inaccurate information in regards to plea agreements in cases involving minors. The specific point I took issue with in my last post was:
However, a plea could include dropping the grievance, and agreement not to pursue a grievance, or a civil settlement.
The information about the case is available on the court's website along with the dates. There is nothing showing a plea has been completed yet for this case.

[dr.frog]

I see nothing about a hearing today.

Try this link. They don't have the document from last week scanned and linked on the docket page yet, but today's hearing appears on the calendar page for the case.

http://caseinfo.hamilton-co.org/cms/servlet/cms.urd/run/WEBQ448.display2?35845189

[SkateFan123]

Try this link. They don't have the document from last week scanned and linked on the docket page yet, but today's hearing appears on the calendar page for the case.

http://caseinfo.hamilton-co.org/cms/servlet/cms.urd/run/WEBQ448.display2?35845189
Thanks for the link! It clearly shows that the 6/15 date was continued to this morning.

[SK8sMom]

For the first time I viewed the link you published today (I am sorry, don't know how to cut and past previous posts like some can). Anyway, it shows that on July 13 will be a 'sentencing'. I don't pretend to know a lot about criminal trial process, but it seems to me that there was a plea today, and if sentencing is set, there will be no trial. So, all that remains to be seen is whether the 'plea' agreement is made public. The sentencing will most certainly be. Then I am sure, the speculation about this sad case will continue. I continue to pray for all parties involved, and hope this brings closure for the young man, and that he can move on with his life along positive paths.

[SkateFan123]

If you read what I posted again, I began my statement with "generally speaking" which means it is not a specific reference to the Lowery case but some general information when it comes to being able to use criminal cases in civil cases. I was responding to your post, which I felt contained misleading & inaccurate information in regards to plea agreements in cases involving minors. The specific point I took issue with in my last post was:

The information about the case is available on the court's website along with the dates. There is nothing showing a plea has been completed yet for this case.
The 4/22 document mentions that the plea was completed.

Apparently, it's completed, entered and sentencing is set for the middle of July.

And for your info, I have no inside info in the case, do not know the parties in the case, and have learned quite a bit from the quality and quantity of posts.

Thanks again for the link.

[znachki]

From the Cincinnati Post:

http://www.cincypost.com/2004/06/22/coach062204.html

[dr.frog]

Hmmm. Can't say I'm terribly surprised by this outcome, and while the article notes that Lowery could still get a year in prison, I'll bet he ends up serving little or no time. Prisons are notoriously unhealthy places for convicted child sexual abusers (here in Massachusetts, the priest who was convicted was murdered by another inmate even though he was supposed to be under special protection) and probably the whole point of the plea bargain was to avoid sending a 70-year-old man into that environment. I do hope that whatever punishment he ends up with is sufficient to keep him out of coaching for good, though.

[celtic]

Hmmm. Can't say I'm terribly surprised by this outcome, and while the article notes that Lowery could still get a year in prison, I'll bet he ends up serving little or no time. Prisons are notoriously unhealthy places for convicted child sexual abusers (here in Massachusetts, the priest who was convicted was murdered by another inmate even though he was supposed to be under special protection) and probably the whole point of the plea bargain was to avoid sending a 70-year-old man into that environment. I do hope that
whatever punishment he ends up with is sufficient to keep him out of coaching for good, though.

I'm not surprised at this, either. Apparently Lowery was desperately trying to avoid a criminal conviction. However, I think he does deserve prison time -- after all, the initial charges included a felony violation. I am disappointed that the parties agreed to have this dropped and opted to enter a civil settlement beforehand. Now, as dr. frog predicts, Lowery will probably not serve any time and will likely get probation. Frankly, I'm not worried about a 70 year old man having to go to prison when one considers what he did to a youth under his authority.

[peaches]

Do the crime, do the time is my opinion, but it does sound like he might get off with nothing but probation, which is very wrong, IMO.

One question though, what's up with the charges? The article said the original ones were dropped and that the kid wouldn't necessarily make those statements? Why wouldn't he? I find that part VERY interesting in light of that fact that there was a civil settlement. Seems to me if the victim and family of the victim wanted true justice, they'd have taken this case as far as they could and done whatever they could to put him away. The way it stands now, it sounds like all they wanted was money.

[Skatewind]

I do hope that whatever punishment he ends up with is sufficient to keep him out of coaching for good, though.
If not, one can only hope that either he will permanently retire on his own or there are enough people who will reprint the news article & share it with parents, skaters, officials etc. Otherwise, we might see him scheduled to teach seminars & master classes several years from now since the good old boy network & cronyism offer continued availability to such coaches in the skating world.

[Skatewind]

One question though, what's up with the charges? The article said the original ones were dropped and that the kid wouldn't necessarily make those statements? Why wouldn't he? I find that part VERY interesting in light of that fact that there was a civil settlement.
Maybe the victim agreed to waive his option to be heard at sentencing as part of the civil settlement. There may have been certain things that were negotiated or waived in order to have Lowery plead guilty, rather than no contest or not guilty (and then be found guilty by judge or jury). Some people feel an actual guilty plea is an important part of the case that will bring them some closure to the whole thing.

[peaches]

Maybe the victim agreed to waive his option to be heard at sentencing as part of the civil settlement. There may have been certain things that were negotiated or waived in order to have Lowery plead guilty & make reparations, rather than no contest or not guilty (and then be found guilty by judge or jury). Some people feel an actual guilty plea is an important part of the case that will bring them some closure to the whole thing.
But if he's guilty and they know it and they can prove it, then why not do whatever necessary to get him convicted of the highest crime he's guilty of?? I think it stinks, personally. It says to me that they were not interested in justice being served, they only wanted their settlement. ;)

[Skatewind]

The article indicates the boy is living in FL. He probably wants to move on with his life & not make numerous trips back & forth to Cincinnati while they postpone the case time after time before they finally prosecute it. Hopefully you will never be victimized & have to make such choices. I tend to think it's not a case of the boy only wanting a settlement, but a case of him wanting the abuse to never have happened at all. That's what most reasonable people in such a position would want for themselves and/or their children.

Lowery pleaded guilty, that means he admits he knowingly did it, even if he got a break regarding the degree of abuse through the plea bargain. The guilty plea says a lot.

[dr.frog]

But if he's guilty and they know it and they can prove it, then why not do whatever necessary to get him convicted of the highest crime he's guilty of?? I think it stinks, personally. It says to me that they were not interested in justice being served, they only wanted their settlement. ;)

Who's "they"? The plea bargain was negotiated by the prosecutor on behalf of the state, not by the victim or his family.

[SK8sMom]

Quote from Dr. Frog:

..."Who's "they"? The plea bargain was negotiated by the prosecutor on behalf of the state, not by the victim or his family.'....

That is not what is stated in the article. The assistant prosecutor (Butler) stated that 'There was some sort of Civil Settlement, and the prosecutor's office was not involved'....furthermore, it made it sound that the 'boy' would not return to testify...wouldnt that make it difficult to prosecute a case of this type, where testimony is the evidence.

As i stated before...this kind of 'settlement' will only fuel the fires of opinions already stated by ppl on this board.
I have been tempted to 'join the fray' on occasion, as i, too, have some opinion on the whole sad affair, as I have much past experience with the family involved. But it would have only been opinion (even if a strong one) and NOT based on the facts of THIS case. The only FACT is that there are TWO ppl who know what actually happened. There are many lessons to be learned though, as others have previously stated. I only hope that justice was indeed, served.

[Skatewind]

That is not what is stated in the article. The assistant prosecutor (Butler) stated that 'There was some sort of Civil Settlement, and the prosecutor's office was not involved'....furthermore, it made it sound that the 'boy' would not return to testify...wouldnt that make it difficult to prosecute a case of this type, where testimony is the evidence.
Are we reading the same article? The prosecutor's office is involved in the criminal case & directs the case for the State. The prosecutor's office would not be involved in a civil case because it's a civil matter & not a criminal matter. Maybe there is some confusion about the difference between testifying in a criminal case vs. the victim or victim's family being heard during sentencing. The latter is an optional activity that has to do with victim's rights & can be waived by the the victim for whatever reason they wish.

What part of GUILTY to the molestation charges of a minor who was also his student at the time is not clear in this decision?

[WeBeEducated]

But if he's guilty and they know it and they can prove it, then why not do whatever necessary to get him convicted of the highest crime he's guilty of?? I think it stinks, personally. It says to me that they were not interested in justice being served, they only wanted their settlement. ;)

If I recall correctly, many of your previous posts indicated that you were sure this was nothing but a money motivated lie against a gentle old man.
Now that he admitted guilt (and proved you wrong :P) you still want to find blame with the victim! Your focus is still all about finding fault with the people who brought charges against Lowery. Interesting.

Anyway, understand this:
Lowery would never agree to plead guilty to ANYTHING if he thought he could weasel his way out of it. He is very very lucky that the victim was willing to settle. And he knows it.
The victim is a young, unsophisticated, unsavvy, sweet and trusting individual. His family may have wanted to pursue this in court far beyond the level that it reached, but the victim called the shots and will live with that decision. I can imagine that like any typical teen he just wanted to get it over with and try to forget about it rather than dealing with another set of delays imposed by the defendant and the trauma of a trial.
The point is, these were not imaginary charges motivated by greed as some originally suggested, nor was it unfounded, vicious gossip as others implied.
The charges were real.
The motivation was emotional trauma.
And the plea bargain at the end was a form of modified punishment based on justice, not money.
I am relieved that some action was taken this time in a sport that has a history of athletes and officials tolerating inappropriate behaviour.
There are several posters on this board that helped in small ways to guide the victim toward the steps to take and offered support.
Thank you, and Congratulations on a small but important victory.

[SkateFan123]

Who's "they"? The plea bargain was negotiated by the prosecutor on behalf of the state, not by the victim or his family.
In most states, pleas are negotiated between the State and the Defense with the wishes of the victim considered. If the victim wants a trial or if the defendent wants a trial, there will be no plea. All sides have to agree to a plea and then the judge has to accept the plea. This judge accepted the plea, withheld sentencing to give the victim a chance to return to court, if he wants. Smart judge. A few weeks delay in the sentence won't matter.

In this case, keeping the victim off the witness stand is not a bad thing.

At this point, the man said he was guilty. Even if two charges were dropped and two were decreased to lessor charges, he still plead guilty. End of story.

All that remains is the sentencing.

[Skatewind]

It is not correct there will be no plea if the victim wants a trial. Prosecutors may do that at their discretion, but here is a link to the actual victim rights laws for the state of OH:

http://crimevictimservices.org/images/OhVictimRights/law20010723.pdf

Victims rights are more about notification & being heard by the court.

[SkateFan123]

It is not correct there will be no plea if the victim wants a trial. Prosecutors may do that at their discretion, but here is a link to the actual victim rights laws for the state of OH:

http://crimevictimservices.org/images/OhVictimRights/law20010723.pdf

Victims rights are more about notification & being heard by the court.
OHIO REV. CODE ANN. § 2930.06 (Anderson 2001).
"In Ohio, the court is to note on the record any failure by the prosecutor to confer with the victim and the reasons for such failure."

Bottom line is that it's over, no point in arguing now. Now the only question is about the sentencing. And what position with the USFS and PSA take on the situation.

I always said I'd wait until the trial before determine if Lowery was guilty or not. The plea was guilty, not "no contest". He's guilty. Nothing left to think about there.

I hope the family is enjoying their new life in Florida. (I am assuming they whole family move, maybe that's not true, but it's my assumption.) They've had a rough time of it. I hope they can put this behind them and find a little peace and contentment.

[TashaKat]

But if he's guilty and they know it and they can prove it, then why not do whatever necessary to get him convicted of the highest crime he's guilty of?? I think it stinks, personally. It says to me that they were not interested in justice being served, they only wanted their settlement. ;)

It's not a case of 'if' he's guilty, he's admitted to knowingly abusing a minor. It doesn't stink, I doubt very much that it's about a settlement. Have you any idea how stressful legal proceedings are?

I had the misfortune to take legal proceedings against someone, the case was nothing compared to this one, in the end I accepted an 'out of court' settlement. My case only lasted for 6 months but it was incredibly stressful and takes over your life even though you know that you're the innocent party. I can totally understand why they didn't continue to pursue it. Look at all the vitriole poured out on here against them. Dealing with the legal system as an adult was bad enough but to have come this far for this long takes an ENORMOUS amount of courage for a teenager. As for the money? No amount of money is worth the stress that this family have gone through throughout all of this. BTW I'm not a friend, I'm not a relative, I don't even know the family. IMO a guilty plea and vindication for their son was worth much more to them than any amount of money.

To the family and friends involved I can only send my best wishes and hope that today is the start of your healing process. You have all been tremendously courageous and can have peace in knowing that will have stopped this monster from destroying anybody else's life.

All the best



Lx

[celtic]

If I recall correctly, many of your previous posts indicated that you were sure this was nothing but a money motivated lie against a gentle old man.
Now that he admitted guilt (and proved you wrong :P) you still want to find blame with the victim! Your focus is still all about finding fault with the people who brought charges against Lowery. Interesting.

Anyway, understand this:
Lowery would never agree to plead guilty to ANYTHING if he thought he could weasel his way out of it. He is very very lucky that the victim was willing to settle. And he knows it.
The victim is a young, unsophisticated, unsavvy, sweet and trusting individual. His family may have wanted to pursue this in court far beyond the level that it reached, but the victim called the shots and will live with that decision. I can imagine that like any typical teen he just wanted to get it over with and try to forget about it rather than dealing with another set of delays imposed by the defendant and the trauma of a trial.
The point is, these were not imaginary charges motivated by greed as some originally suggested, nor was it unfounded, vicious gossip as others implied.
The charges were real.
The motivation was emotional trauma.
And the plea bargain at the end was a form of modified punishment based on justice, not money.
I am relieved that some action was taken this time in a sport that has a history of athletes and officials tolerating inappropriate behaviour.
There are several posters on this board that helped in small ways to guide the victim toward the steps to take and offered support.
Thank you, and Congratulations on a small but important victory.

Good summation! I am sure the victim's family has you to thank for your constant support. You are largely responsible for informing people of this heinous behavior on the part of a coach, so it's not just another "buried" item.

Like Skatewind and others pointed out, there was a guilty plea. Surely this brings some relief to the victim and his family. Now we can only hope and assume that USFSA will issue a lifetime ban. There are so many good, decent, and qualified coaches to choose from. USFSA needs to get the word out openly about who is banned so other parents and skaters don't make unfortunately choices.

[SkateFan123]

Good summation! I am sure the victim's family has you to thank for your constant support. You are largely responsible for informing people of this heinous behavior on the part of a coach, so it's not just another "buried" item.

Like Skatewind and others pointed out, there was a guilty plea. Surely this brings some relief to the victim and his family. Now we can only hope and assume that USFSA will issue a lifetime ban. There are so many good, decent, and qualified coaches to choose from. USFSA needs to get the word out openly about who is banned so other parents and skaters don't make unfortunately choices.

I agree with you on the lifetime ban but doubt the USFS has the guts to do it! I hope I am wrong. Afterall, he admitted guilt. It should be a no brainer.

[Phuket]

I agree with you on the lifetime ban but doubt the USFS has the guts to do it! I hope I am wrong. Afterall, he admitted guilt. It should be a no brainer.

The fact that Lowery has plead guilty makes this very easy for the USFSA and probably the PSA as well. He will be banned. I have no doubt.

If it had gone to trial, and Lowery was found innocent, the USFSA would have had some hard decisions to make. But that's not what happened, and I'm sure the USFSA is breathing a sigh of relief because this makes it clear what they have to do.

[Skatewind]

OHIO REV. CODE ANN. § 2930.06 (Anderson 2001).
"In Ohio, the court is to note on the record any failure by the prosecutor to confer with the victim and the reasons for such failure."
This is the same information I posted yesterday. "Confer with the victim" means the prosecutor discusses the case, giving the State's assessment & listening to the victim's input about how they wish to proceed. It does not, however, mean the victim makes the final decision. The prosecutor has the final say whether a case will end in a plea bargain or go to trial. There are frequently situations where a victim may want a trial but the case ends in a plea bargain for any number of reasons, or vice versa.

Regarding the USFS grievance policy, it seems like a club could also file a grievance against him at this point if they wanted. He exposed their organization to possible liability problems due to rule violations & caused bad publicity for them in the local news by being arrested & pleading guilty to such an offense.

[SkateFan123]

This is the same information I posted yesterday. "Confer with the victim" means the prosecutor discusses the case, giving the State's assessment & listening to the victim's input about how they wish to proceed. It does not, however, mean the victim makes the final decision. The prosecutor has the final say whether a case will end in a plea bargain or go to trial. There are frequently situations where a victim may want a trial but the case ends in a plea bargain for any number of reasons, or vice versa.

Regarding the USFS grievance policy, it seems like a club could also file a grievance against him at this point if they wanted. He exposed their organization to possible liability problems due to rule violations & caused bad publicity for them in the local news by being arrested & pleading guilty to such an offense.
I talked to a friend in Ohio today, he's an attorney. He said that if the victim wants a trial, the judge will listen to the victim and not accept a plea. He's been practicing law in Ohio for 32 years. He says he's never seen a case where the judge accepted a plea against the victim's wishes.

Remember, this judge delayed sentencing to give the victim the opportunity to appear in court.

My friends statement satisfies me.

[dr.frog]

The fact that Lowery has plead guilty makes this very easy for the USFSA and probably the PSA as well. He will be banned. I have no doubt.

I also think this is the most likely outcome. Recently the USFSA has been taking grievances against coaches accused of abuse much more seriously than they used to (like, uh, during the reign of Lowery's step-son). If they're willing to ban coaches when there are no criminal charges involved, I don't expect them to hold back in this case, either.

[Skatewind]

I worked in child advocacy for many years & have seen the opposite of what you have described, where decisions were based on many things such as availability & ages of witnesses, evidence, etc. The point is that it is not only what you originally stated, most states have laws written for victims rights that specify notification & giving victims the right to be heard, which is different than them having total control over directing the case. We will have to simply agree to disagree.

There has been a lot of bad information provided on this thread about who directs proceedings or charges etc, mostly in an effort to discredit the boy's accusation, slam him for not doing enough by not going to trial, degrade him by saying he only wanted a financial settlement, etc. I'm sure he did what he could for an 18 year old boy in a stressful situation. It seems like the guilty plea should be enough to discredit Lowery & not the boy at this point; & actually it should count for much more because it is an announcement of guilt directly from the offending party rather than a guilty vs not guilty verdict from a judge or jury.

[SkateFan123]

I worked in child advocacy for many years & have seen the opposite of what you have described, where decisions were based on many things such as availability & ages of witnesses, evidence, etc. The point is that it is not only what you originally stated, most states have laws written for victims rights that specify notification & giving victims the right to be heard, which is different than them having total control over directing the case. We will have to simply agree to disagree.

There has been a lot of bad information provided on this thread about who directs proceedings or charges etc, mostly in an effort to discredit the boy's accusation, slam him for not doing enough by not going to trial, degrade him by saying he only wanted a financial settlement, etc. I'm sure he did what he could for an 18 year old boy in a stressful situation. It seems like the guilty plea should be enough to discredit Lowery & not the boy at this point; & actually it should count for much more because it is an announcement of guilt directly from the offending party rather than a guilty vs not guilty verdict from a judge or jury.
I have absolutely no problem with this young man settling a civil suit and supporting a plea. If Lowery wasn't guilty, he would have gone to trial. I totally agree. Lowery plead guilty. He deserves what he gets. The young man obviously deserved any money he got too.

[sk8er1964]

I am so glad that there is finally some closure in this case. Now that he has pleaded guilty, I sincerely hope that he is banned for life, and that parents and officials stick to that ban.

To the family, and the young man -- thank you for all that you have done to help protect our children from abusive coaches. I hope that, because of your courage, would-be predatory coaches will think twice before acting. Between this and the lifetime banning of the female Mero (can't remember her first name), I hope a strong message will be sent that we will not tolerate abusive behavior to our skaters. Best of luck in skating, if you are still skating (and I hope that you are), and best of luck in your life. I hope it will be a wonderful one, and that you will put the sorrow behind you and revel in the fact that you have made a difference. God bless.

[stepfordmom]

I am understanding here that Lowery pleaded guilty, to something in the case. That probably sounds stupid, sorry for that.
I hope the young man and his family can recuperate from all of this quickly and continue to be strong people. It is like shell shock after such an ordeal. And I am sure it is not quite over. I can feel for your aftermath. Good Luck and you can rest a sure many people in and out of skating are proud of you. It took alot of stregnth and courage to go ahead with this, and not listen to pleas such as "Please don't tell". Long before anyone knows... Let alone stick it out to the bitter end. Bless your hearts. :halo:
CongraTulations for being so strong!

[Phuket]

Isn't sentencing tomorrow?

[SkateFan123]

Isn't sentencing tomorrow?
Yep, the court documents with the plea terms are on the Clerks website. It looks like it will be a straight-forward hearing. The court documents indicated that the sentencing delay was to allow the victim and his family to make any desired statements. They may or may not, who knows.

From my interpretation of the documents, it looks like community control, probation, fines will be the sentence. It looks like jail time will be avoided unless Lowery violates the terms of the agreement. That's my interpretation of what I read on the clerks site. It could be wrong. My speculation is that the civic suit includes a clause to keep the terms private. That explains the lack of posts on the topic on these boards to my satisfaction. I doubt we'll never know the terms of the civil settlement which is really no bodys business except those invovled. That's speculation on my part.

I wish the families of those involved good luck and peace as they move forward from this nightmare.

[WeBeEducated]

[QUOTE=SkateFan123]Yep, the court documents with the plea terms are on the Clerks website. It looks like it will be a straight-forward hearing. The court documents indicated that the sentencing delay was to allow the victim and his family to make any desired statements. They may or may not, who knows.

From my interpretation of the documents, it looks like community control, probation, fines will be the sentence. It looks like jail time will be avoided unless Lowery violates the terms of the agreement. That's my interpretation of what I read on the clerks site. It could be wrong. My speculation is that the civic suit includes a clause to keep the terms private. That explains the lack of posts on the topic on these boards to my satisfaction. I doubt we'll never know the terms of the civil settlement which is really no bodys business except those invovled. That's speculation on my part.

I wish the families of those involved good luck and peace as they move forward from this nightmare.[/QUOTE

I can imagine that the PSA and USFSA will decide to go ahead with some actions on the case based on the original information from the victim and the court records, regardless of other possible plea related actions that may have taken place ;)
It gives me a sense of hope if they do in fact pursue it, which I think they should.

[SkateFan123]

I can imagine that the PSA and USFSA will decide to go ahead with some actions on the case based on the original information from the victim and the court records, regardless of other possible plea related actions that may have taken place ;)
It gives me a sense of hope if they do in fact pursue it, which I think they should.

I often asked posters to keep an open mind until the court proceedings were completed. I kept an open mind about the case and did not form an opinion based on internet postings. Now that Lowery plead guilty to two charges of sexual abuse towards a minor, that makes him a pedophile and should be just cause to keep him from working with children in the future. The guilty plea speak for itself.

However, having said that, I doubt the USFS or PSA will take that approach. The USFS has been unwilling to take a strong stand in the past and I doubt they will now. However, they did suspend the Meros, so perhaps my gut feelings will be wrong. I hope they are. A guilty plea should have significant weight in any decisions involving Lowery and his future ability to work with children. All parents should be totally aware that of this situation before consenting to have him be alone with their children. This should not be swept under the rug. I wonder if broom sales have increased lately in Colorado Springs?

[Skatewind]

Actually, USFSA temporarily suspended Joe Mero, but they permanently banned Jackie Mero. And she is not the only one who has been permanently banned, so I don't see them sweeping these problems under the rug anymore. However, while I am fairly confident USFSA will do the right thing, the same cannot be said for the PSA. The PSA still needs to demonstrate to skaters & parents they take child abuse seriously, & it will be especially interesting to see if they do so with one of their very own good old boys.

[Sylvia]

From the August 6, 2004 edition of The Enquirer (Cincinnati):
http://www.enquirer.com/editions/2004/08/06/loc_loc1yps.html

Coach gets probation, fine

Public safety notebook

A Hamilton County Common Pleas judge Thursday ordered a figure skating coach to spend three years on probation and pay a $1,000 fine for endangering one of his skating students.

David Lowery, 67, of Evendale, was convicted in June of two charges of child endangering. In exchange, Hamilton County prosecutors agreed to drop charges of sexual battery and attempted gross sexual imposition. Judge David Davis said Lowery is not to have contact with children under the age of 18.

Lowery sexually touched a 16-year-old West Side boy, according to the indictment.

[what?meworry?]

does anyone have any information regarding any usfs activity in this matter. i'd be astounded if lowery isn't added to the list of coaches permanently banned from usfs (jackie mero, gordon mckellan, bob young)

[WeBeEducated]

It is possible that the plea bargain required the victim to withdraw his grievance. It is also possible that the victim had to agree not to discuss the details of the plea with anyone.
If that happened then the USFSA certainly has enough information to initiate the ban on their own, and they should.
If they dont, and they try to find some technicality preventing them from doing so, I think this time they will hear from alot of members.
However, in the "tolerant" skating world ;) ya never know what may be overlooked.

[SkateFan123]

It is possible that the plea bargain required the victim to withdraw his grievance. It is also possible that the victim had to agree not to discuss the details of the plea with anyone.
If that happened then the USFSA certainly has enough information to initiate the ban on their own, and they should.
If they dont, and they try to find some technicality preventing them from doing so, I think this time they will hear from alot of members.
However, in the "tolerant" skating world ;) ya never know what may be overlooked.
"possible" umm, I'd say considering the lack of posts, "probable" silence in many matters were part of the plea.

But since he plead guilty, you'd think that they'd ban him but they don't have the guts.

[WeBeEducated]

"possible" umm, I'd say considering the lack of posts, "probable" silence in many matters were part of the plea.

But since he plead guilty, you'd think that they'd ban him but they don't have the guts.
Yes, you would think that an organization that represents thousands of children would declare penalties against an adult who admitted to inappropriate, illlegal behavior with a minor !

[Skatewind]

But since he plead guilty, you'd think that they'd ban him but they don't have the guts.
Have you actually heard this is the case & the grievance has been dismissed with no further action pending, or are you guessing?

[skatingmom]

This month's Professional Skating Association magazine has an advertisement for their antique business www.theskatinggallery.com that now only lists Rita's name...

(corrected web address)

[celtic]

This month's Professional Skating Association magazine has an advertisement for their antique business www.theskatingggallery.com that now only lists Rita's name...

If you go to that website and click "about us", you will see a photo of both of them with a short bio. So seems to me that he is still actively involved. And he's getting publicity through the ad in PSA magazine. I don't think the publication should allow them to advertise and potentially get a lot of business. Another instance of going around to the back door to stay in the sport in whatever way one can. . . .

[what?meworry?]

i think rita lowery has a right to continue the business that is also hers. however, i do agree that it would be wise for david to disassociate himself from that business by name and presence. he should not participate in any public sales efforts.

by the way, the link doesn't work for me. maybe they are already editing the pictures and copy. i'd like to think so. that would be smart, i think, and help rita in the long run to continue her business.

[Skatewind]

The latest news:

Association expels local skating coach (http://www.cincypost.com/2004/10/13/coach101304.html)
The Professional Skaters Association announced Monday it has expelled David Lowery, 69, from its association after his June conviction in the case.
It's surprising to see the PSA take action, and definitely a step in the right direction. Perhaps the times are finally changing at this organization too.

[WeBeEducated]

The latest news:

Association expels local skating coach (http://www.cincypost.com/2004/10/13/coach101304.html)

It's surprising to see the PSA take action, and definitely a step in the right direction. Perhaps the times are finally changing at this organization too.


I think the PSA did the right thing. Any organization that is associated with instructing children would have a hard time defending the membership of a man guilty of unethical and inappropriate actions toward a minor. There is no reason in the world for the PSA to accept criminal behavior within it's ranks. This was a no brainer. Well Done PSA!!
:bow: :bow: :bow: :bow: :bow: