Court of Appeals of Ohio, Eighth District, Cuyahoga
of Mandamus Motion No. 532381 Order No. 533426
Crime Victim Justice Center and Elizabeth Well, for relator.
McCarthy, Lebit, Crystal & Liffman Co., L.P.A., Robert T.
Glickman, and Frank George, for respondent
JOURNAL ENTRY AND OPINION
A. GALLAGHER, JUDGE
1} Mary Seawright has filed a complaint for a writ
of mandamus in order to compel Judge Joseph D. Russo to order
restitution in State v. Barnes, Cuyahoga C.P. No.
CR-17-623256-A. Seawright, as the victim of a crime, argues
that pursuant to Article I, Sec. 10a(A)(7) of the Ohio
Constitution she is entitled to a writ of mandamus that
orders Judge Russo to "reopen sentencing in
[CR-17-623256] to amend its unlawful sentence, which denied
[Seawright] her constitutionally guaranteed order of
restitution." Specifically, Seawright seeks restitution
in the amount of $3, 58142. Judge Russo has filed a Civ.R
56(C) motion for summary judgment that is denied.
Seawright's request for a writ of mandamus is granted in
part and denied in part.
2} On December 5, 2017, Frederick E. Barnes was
indicted by a Cuyahoga County Grand Jury for three counts: 1)
Count 1 - breaking and entering (R.C. 2911.13(A)) -
"did, by force, stealth, or deception, trespass, as
defined in section 2911.21(A)(1) of the Revised Code, in an
unoccupied structure, the property of Mary H. Seawright, with
the purpose to commit therein any theft offense, as defined
in Section 2913.01 and 2913.02 of the Revised Code"; 2)
Count 2 - grand theft (R.C. 2913.02(A)(1)) - "did with
purpose to deprive the owner, Mary H. Seawright, of 9mm Smith
& Wesson handgun or services, knowingly obtain or exert
control over either the property or services without the
consent of the owner or person authorized to give consent and
the property stolen is firearm or dangerous ordnance";
and 3) Count 3 - petty theft (R.C. 2913.02(A)(1)) - "did
with purpose to deprive the owner, Mary H. Seawright, of nail
gun or services, knowingly obtain or exert control over
either the property or services without the consent of the
owner or person authorized to give consent and the property
or services stolen is valued at less than $1, 000."
3} On October 30, 2018, Barnes entered a plea of
guilty to attempted breaking and entering (R.C.
2923.02/2911.13), as amended in Count 1, and petty theft
(R.C. 2913.02(A)(1)), as charged in Count 3. Count 2 of the
indictment, that charged Barnes with the theft of a firearm,
4} On November 15, 2018, the trial court conducted a
sentencing hearing during which the issue of restitution was
Prosecutor: Your Honor, regardless of the Defendant's
volunteer work or his charitable contributions, the focus is
on the restitution.
Under Criminal Rule 11, there was a full factual admission to
theft. He pled guilty to that.
Under 2929.18 the victim is entitled to restitution in an
amount based on her economic loss. She's here today. She
can talk to the Court about her economic loss. But, again,
the focus is on the restitution. The theft has been admitted
So we ask the Court to hear from the victim, and she can
explain to you how much loss she has suffered.
THE COURT: Sure. If you would step aside. I ask the victim to
come forward to the podium, identify yourself for the record,
and state whatever you would like to for the Court's
consideration. And I ask that you speak directly to me as
opposed to him.
THE VICTIM: Mary H. Seawright. And, your Honor, everything
that I said is true. And I want to correct one thing that Mr.
Barnes said. He said my grandson was convicted of shooting
someone. My grandson went to jail, but he did not shoot
anyone and that is in the record.
Mr. Barnes, I had ever intentions, every intentions, of
having my office be a part of this prison ministry. I do have
a burden for young people. And I gave Mr. Barnes the ...