Young enters plea in Obermiller case, gets 90-day jail term

02:03 PM
Aug 19
2010
Norwalk

Police had probable cause to use a search warrant to find Abbi Obermiller, a judge ruled Wednesday.

Norwalk Municipal Judge John Ridge heard about 30 minutes of testimony from Norwalk Police Detective Sgt. Jim Fulton. The hearing was part of a motion to suppress evidence in the case against defendant Robert J. Young, 20, of 408 S. Exchange Road, New London.

On June 30, police found Young's girlfriend at the time, Obermiller, 17, of North Fairfield, in the attic of a New London apartment that Young started renting soon after Obermiller was reported missing. The girl was last seen at her grandparents' Norwalk home about 1 a.m. June 7.

"Our argument was there was not probable cause. The judge thought otherwise and overruled the motion," Huron County Assistant Public Defender David Longo said after the hearing.

Fulton's testimony confirmed two things: 1) Young rented the apartment and 2) people heard activity in the apartment, Longo said. Fulton was the only witness in Wednesday's hearing.

"He's lawful age to rent a house," Longo said about Young.

After Ridge made his ruling, Young entered a "no contest" plea to interference of custody and was found guilty. He was sentenced to 180 days in the Huron County Jail, with the judge suspending half of the jail term.

"We did not want to clutter things up with a trial. His best defense was a motion to suppress (evidence)," Longo said.

Young is scheduled to report to the jail by 7 a.m. Saturday. However, Longo said his client likely will have a later report date because he will be filing an appeal with the Sixth District Court of Appeals in Toledo by Friday. That means Young will remain free on bond until the appeal process is completed.

"He will still be on bond in the meantime, not on probation," Longo explained.

On Wednesday, Young was fined $250 and prohibited from having any association or contact with Obermiller as part of his two years of probation.

Longo said Young's community control sanctions, which include staying out of trouble, is often referred to as "non-reporting probation."

"It's called 'good behavior probation' in some courts," Longo added.

Because of the "stay" on Young's 90-day jail term, Longo said the prohibitions and restrictions placed on his client will be extended because of the appeal process.

"But there's nothing I can do about that," he added.

Young is scheduled for an Oct. 1 jury trial on obstructing official business in connection with refusing to cooperate with police during Obermiller's 23-day disappearance.

New London Police Prosecutor Richard Woodruff and Norwalk Assistant Law Director T. Douglas Clifford met with Longo and Ridge for a short time behind closed doors about the case in July. Prosecutors said they exchanged evidence with Longo and an initial plea deal was rejected.

During that July hearing, Ridge amended Young's bond and prohibited him from having any contact or association with any non-family members younger than 18 unless it's work- or church-related. Longo said earlier he'd told Young to have no contact with Obermiller "no matter where she is."

On Aug. 2, Obermiller admitted to the charge of obstructing official business in Huron County Juvenile Court. In exchange, the state dismissed an unruliness charge. Obermiller was released into the custody of her parents and ordered to continue to wear an ankle monitor at least until school starts.

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