Appeal denied in ex-teacher's sex assault case

FORT RECOVERY - A Lima appeals court on Tuesday denied a request to reduce a 20-year prison term for a former teacher and coach convicted of sexual battery involving a student.

The Third District Court of Appeals denied the appeal by Christopher A. Summers, 34, and upheld the sentencing Oct. 22, 2013, in Mercer County Common Pleas Court.

Summers pleaded guilty in August 2013, on the third day of his trial, to eight counts of sexual battery. He was sentenced to consecutive 2 1/2-year prison terms on each count.

Summers' attorney, J. Allen Wilmes, earlier this year appealed the conviction and prison term on three alleged assignment of errors claiming the consecutive sentences handed down by the local court were an abuse of discretion in violation of the purposes and principles of sentencing, the prison term was not consistent or proportionate to sentences imposed in similar cases for similar offenders and the Ohio sexual battery statute as applied to school teachers is unconstitutional.

Wilmes sought concurrent sentences for Summers, reducing his prison term to 2 1/2 years.

The appeals court in its ruling noted the consecutive sentences by the local court were justified by its findings "beyond those required by the statute."

The local court had noted that consecutive sentencing was appropriate to protect the public and not disproportionate to the seriousness of the conduct and danger Summers poses to the public, the appeals court wrote. It also stated that multiple offenses were committed by Summers and the harm caused is so great and unusual that no single prison term could adequately reflect the seriousness.

The appeals court denied the second alleged error stating Summers did not meet the burden to establish the claim that the local court's sentence was disproportionate to similar cases.

In the third alleged assignment of error, the appeals court ruled "there appears to be a clear rational basis for the statute," which allows heavier penalties for teachers who take "unconscionable advantage of students by using their undue influence ... to pursue sexual relationships."

Last week, a new attorney for Summers, Jennifer M. Kinsley, filed a petition in Mercer County Common Pleas Court seeking to vacate his conviction and sentence due to ineffective representation by his former attorneys. Kinsley also requested an evidentiary hearing to present further evidence in support of the post-conviction relief petition.

No hearing dates have been set in the case.