Now the county Public Defender’s Office has filed a petition for post-conviction relief, arguing that Seals was unable to make a “knowing intelligent and voluntary plea,” because Singer’s off-record statements led Seals to believe he would get a 15-year sentence.
Seals is asking that his guilty pleas and sentence be set aside, which would take the case back to right after the indictment phase, allowing him to negotiate another plea or to go to trial.
“What we basically want to do is get this thing back to step one, said public defender Glen Dewar.
Singer said he could not comment on a pending case. The Montgomery County Prosecutor’s Office has filed a motion, stating that Seals was “attempting to circumvent the judicial process” through the petition and that Dewar’s petition was groundless.
“There are no genuine issues of material fact or constitutional violations because neither the Judge nor the State promised Defendant he would receive a specific prison sentence,” assistant county prosecutor Michele S. Hui wrote in a motion to dismiss Dewar’s petition.
Seals was to have a hearing this month before Judge Frances E. McGee, who is on the general division bench with Singer. However, it is possible that a visiting judge could hear the case, Dewar said.
Arrest, indictment
Seals was a suspect in several robberies when a Riverside police officer spotted him driving on Woodman Drive on July 20, 2007. Seals then led police on a chase, sometimes at speeds higher than 100 mph.
Seals fled into the city of Dayton. He crashed into a building at 28 Burkhardt Road. He jumped out of the vehicle and ran. Dayton and Riverside officers caught him behind 136 Martz Ave., using a Taser on him as he tried to climb a fence.
Ten days later, a grand jury indicted Seals on 15 felony charges, including eight first-degree felonies: three counts of kidnapping, four counts of aggravated robbery and one count of aggravated burglary.
On Sept. 18, 2007, the grand jury added another charge: a first-degree count of failure to comply with the order or signal of a police officer.
Under Ohio law, a first-degree felony is punishable by up to 10 years in prison.
Seals was represented by attorney Ronald Keller. According to Dewar’s petition, during the 16 months following the original indictment, Keller tried to negotiate a plea agreement. At first, the assistant county prosecutor assigned to the case was Larry Lasky, who insisted on a prison sentence of at least 20 years.
After Lasky retired, the case went to Joshua Muennich. Keller asked Muennich to consider a 15-year sentence. Muennich told Keller that 20 years was the minimum for a set sentence, but he could agree to a range of 10 to 30 years, according to the petition.
The case was set for trial on Nov. 4, 2008. That day, the two sides were unable to reach an agreement during off-record discussions in Singer’s chambers. Singer did not promise a certain sentence.
“The judge did, however, twice state to defense counsel, Mr. Keller, that the sentence would be somewhere between 14 and 21 years, but closer to 14,” according to the petition. “Mr. Keller told Mr. Seals what the judge had said. Based on the belief that he would receive no more than 15 years in prison, Mr. Seals pleaded guilty to all charges.”
Dewar has included affidavits from Keller and Richard Skelton, another defense attorney whom Keller asked to sit in during the discussions in Singer’s chambers. Keller’s statement reflects the version of events in Dewar’s petition. Skelton’s differs in one respect: he remembers Singer indicating a range of 13 to either 18 or 20 years, but the number would be closer to 13.
Two weeks later, Seals appeared for sentencing, and Singer gave him 25 years.
“This came as a complete surprise to both Mr. Seals and Mr. Keller,” according to Dewar’s petition. “If Mr. Seals had any information or even a thought that he would receive more than 15 years, he would not have pleaded guilty to all charges in both indictments.”
In his affidavit, Skelton said he was also surprised to learn of the 25-year sentence.
The county prosecutor’s office has requested the court to dismiss Dewar’s petition and to grant summary judgment for the state. Hui’s motion notes that Seals never appealed any of his issues to the Ohio 2nd District Court of Appeals and also did not request that the off-record discussions become part of the permanent record.
“The state argues petitions for post-conviction relief should not be used as an alternative to filing a direct appeal,” Hui wrote. “It appears the defendant is attempting to circumvent the judicial process by filing a post-conviction petition since the time to file a statement to amend the record and time to file a direct appeal have expired.”
Hui also wrote that, according to the record of the plea hearing, Muennich said that the state recommended a 30-year sentence.
During the hearing, Singer asked Seals if he was pleading guilty because someone had threatened him or had made him any promises. Both times, Seals answered no, according to Hui.
Because Keller also told Seals that Singer would not definitely commit to a specific sentence if Seals pleaded guilty, Seals’ plea was knowing, voluntary and intelligent, Hui wrote.
Contact this reporter at (937) 225-2057 or lgrieco @DaytonDailyNews.com.
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