Sellman claimed during a Common Pleas Court hearing in July on the motion to withdraw a guilty plea that he had difficulty reaching his defense lawyer, was provided inaccurate information about the possible sentence and that potential defenses were ignored.
The sheriff’s office said in December 2017 it executed a search warrant at his home and seized methamphetamines, scales, drug paraphernalia, firearms and about $3,000 in cash. Sellman pleaded guilty in June to the aggravated possession charge and agreed to forfeit the cash. As part of the plea agreement, additional charges were dismissed, and prosecutors agreed not to seek other charges against him and a possible co-defendant.
The motion to withdraw the plea was filed by a new lawyer before the July sentencing date. During the hearing on the motion to withdraw the plea, the new defense lawyer, Laura Woodruff of Dayton, said it would be “unfair, unjust … not to allow Mr. Sellman … to get a second bite at the apple.”
Janna Parker, assistant county prosecutor, questioned Troy defense lawyer Jay Lopez about this representation of Sellman from his arrest through the plea hearing. Lopez said that Sellman was involved in discussions of possible defenses and what route to take with the case and that he was told in detail the possibilities for a plea and sentence. “He may not have liked it … he understood,” Lopez said.
Judge Christopher Gee, who heard testimony in July, filed a decision late Dec. 28 denying the request to withdraw the plea.
Gee noted that during the plea hearing, Sellman said he was satisfied with his lawyer and the advice given him and said he understood the potential sentence of 3 to 11 years in prison.
“The only reasonable conclusion the court can draw from the evidence before the court is that Sellman has had a change of heart and wishes a ‘do-over’ with new counsel. This court finds that is not a legally sufficient basis for granting the defendant’s motion,” Gee wrote.
While out on bail in the case, Sellman was arrested again Dec. 21, 2018, by deputies and detectives who again executed a search warrant at his home. Investigators said they seized nine grams of methamphetamine, syringes, drug paraphernalia and items to package narcotics. He was arrested on a possession of methamphetamine charge, which was dismissed Dec. 27, according to county Municipal Court records.
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