West Chester lawyer files appeal for release


Wells, 41, claims $750k bond ‘excessive’

By Melanie Yingst - Miami Valley Today



Wells

Wells


MIAMI COUNTY — A West Chester attorney has filed an appeal for her release from Miami County Jail as well as a bond reduction, according to court records.

The appeal, filed on Oct. 30, West Chester criminal defense attorney Lisa Wells states she is “being unlawfully restrained of her liberty” and claims her bond is “clearly excessive; her imprisonment is without legal authority; and is in violation of her Ohio and federal constitutional rights to be free from excessive bail.”

The appeal was served to Miami County Sheriff Dave Duchak on Oct. 30.

On Oct. 21, Miami County Common Pleas Court Judge Jeannine Pratt set Wells’ bond for $750,000 following her arrest on a warrant for multiple parole violations.

The appeal also states Wells does not have a history of violence and is not a flight risk and that her current incarceration was due to her seeking treatment and was “in no way related to any attempt to flee.” The appeal also states the court and probation knew she was hospitalized. The appeal was filed by H. Louis Sirkin, a Cincinnati attorney.

Prior to setting the bond, Pratt stated Wells’ case has been an ongoing matter since March 2019. Judge Pratt stated that Wells is an officer of the court, a criminal defense attorney and has disregarded court orders, court procedures and “it says something” to the court.

An evidentiary hearing for Wells’ alleged parole violations on Nov. 7.

If bond is posted, Wells is not to leave the state of Ohio, maintain her current address, not use drugs or alcohol, abide by a curfew, be placed on GPS monitoring, submit to random drug screens and appear at all court proceedings.

Prior to setting bond, Pratt said Wells had been granted many continuances to address a variety of issues including to obtain counsel. Pratt said Wells had requested a continuance and then failed to appear on July 26 and failed to contact the court. Pratt also noted Wells appeared 45 minutes late to one of her hearings. In the appeal, it was stated that Wells had scheduled the wrong date for the hearing. At the Aug. 27 hearing, Wells tested positive for cocaine, marijuana and Oxycodone and was incarcerated for the probation violations for three days.

Wells appeared with her attorneys Jon Saia and Jeffrey Slyman. The court noted Wells had failed to report to Miami County’s adult parole authority from Oct. 4-17 after her release from in-patient treatment on Oct. 2 at Glenbeigh Hospital. The facility specializes in drug and alcohol addiction treatment. It was also noted Wells refused to submit to a drug test after she was arrested on the warrant on Oct. 18.

Defense attorney Jeffrey Slyman said Wells would stand moot on all charges, to which the court entered a not guilty plea on her behalf. Defense attorney Jon Saia requested an own recognizance or reasonable bond for Wells and advised Wells never left the state after she was released from the hospital and had followed the OLAP’s recommendation for both inpatient and subsequent out-patient treatment following her release. Saia said Wells completed treatment on Oct. 2, but did not turn herself in on the warrant due to following the recommendations of daily care under the advisement of OLAP.

Miami County Assistant Prosecutor Paul Watkins said the state had no position on Wells’ bond.

According to court records, she was released from the hospital on Oct. 2 and was seeking out-patient treatment. Her attorneys filed a motion to set aside her warrant to continue her outpatient treatment and would appear in court at its convenience. Judge Pratt denied the motion on Oct. 17 and Wells was incarcerated on the warrant on Oct. 18. Her attorneys again filed a motion for her release from incarceration, which was addressed at Monday’s hearing with the bond.

In prior court hearings, Wells was to enroll in the OLAP program, which was the last condition of her ILC conditions. Wells failed to enroll in the OLAP program during the her two years of ILC. OLAP provides assistance for lawyers with drug and alcohol abuse and recovery options. She also was ordered to abstain from drugs and alcohol.

The former 700 AM-WLW radio personality and legal analyst was granted treatment in lieu of conviction in April 2017 for a two-year period.

Wells entered a plea of guilty to four counts of fifth-degree felony aggravated drug possession and OVI in April 2017. If ILC is completed successfully, the charges are dismissed by the court.

In November 2016, Wells was re-indicted by a grand jury on the charges stemming from a traffic stop in January 2016 by the Ohio State Highway Patrol.

An Ohio State Highway Patrol trooper conducted a traffic stop on Wells on Jan. 25, 2016, on Interstate 75 near Piqua for expired registration. According to court records, the trooper also noted that Wells was weaving in her lane and even crossing the lines on each side of her lane. The trooper reportedly saw pills in plain view before searching the vehicle. The trooper seized oxycodone, alprazolam (also known as Xanax), amphetamine, and dextroamphetamine.

Wells is an attorney and former radio personality from West Chester and was a frequent call-in guest on the Bill Cunningham Show on 700 AM-WLW.

Wells
https://www.dailycall.com/wp-content/uploads/sites/30/2019/10/web1_wells_cmyk-1.jpgWells
Wells, 41, claims $750k bond ‘excessive’

By Melanie Yingst

Miami Valley Today

Reach Melanie Yingst at myingst@aimmediamidwest.com

© 2019 Miami Valley Today; all rights reserved.

Reach Melanie Yingst at myingst@aimmediamidwest.com

© 2019 Miami Valley Today; all rights reserved.