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Jury finds woman guilty of officer assault in '02



Published: Wed, August 3, 2005 @ 12:00 a.m.



The trial was delayed several times before it finally took place.

YOUNGSTOWN -- It took a jury less than an hour to convict Marlena Holland, 27, of assaulting a police officer in 2002.

Holland also known as Marlene Holland, of Youngstown, could be sentenced up to 18 months in prison on the fourth-degree felony.

Judge James C. Evans of Mahoning County Common Pleas Court delayed sentencing pending completion of a presentence report by the Ohio Adult Parole Authority. The judge allowed her to remain free on bond until then.

Holland's lawyer, Mark A. Carfolo, said his client has no prior criminal record. Carfolo and Michael T. Villani, an assistant county prosecutor, both told the judge that Holland has made every scheduled court appearance.

Details

The case dates to 2002, when a county grand jury indicted Holland for kicking Youngstown Patrolman Robert Deichman in the groin area.

Deichman and two other officers were investigating a motorcycle accident near the Market Street bridge about 1 a.m. Sept. 8, 2002.

Holland happened upon the traffic scene a few hours later and asked the officers to give her a ride home. She earlier had been in an argument with the father of her four children on the city's North Side, and had ended up having to walk back to her home at that time on the city's South Side.

Deichman repeatedly told her he couldn't help right then because he had to finish his traffic investigation. Holland remained insistent, however, that he take her home. Deichman warned her to stop or she would be arrested.

She continued and was arrested. The assault occurred when Deichman was placing her in his cruiser.

Since the indictment, the trial was postponed for various reasons more than a dozen times.

During his summation, Villani told the jurors that the case came down to whether they believed Deichman and two other police officers who testified they saw Holland deliberately kick Deichman, or whether they believed Holland, who said the police officers lied, and that she didn't kick the officer.

Carfolo told the jury he believed the state hadn't proved Holland intentionally kicked any of the officers. "She did not purposely hurt these officers," Carfolo said. "Remember, she went to them for help."




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