Prosecutor’s Paperwork Mistake Could Allow Accused Kidnapper To Go Free

Prosecutor’s Paperwork Mistake Could Allow Accused Kidnapper To Go Free

NBC 4

A paperwork error by the Pike County prosecutor may have helped a local mother’s alleged attacker walk out of jail. (Pictured: Michael Shane Hall)

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WAVERLY, Ohio—A paperwork error by the Pike County prosecutor may have helped a local mother’s alleged attacker walk out of jail.

A hearing is scheduled for Thursday in Waverly where a variety of charges against Michael Hall could be dropped, including kidnapping and assault charges.

Shelley Hall told NBC 4 her estranged husband, Michael, kidnapped her on the morning of August 3 as she began to drive her school bus route in Waverly. According to Shelley Hall, Michael Hall held her captive for more than three hours, beating her in the face and head with a gun, his hands, and his feet. 

“He kept telling me if he couldn’t have me nobody would. I was going to die that day,“ Shelley Hall said. “I had 20 stitches: six in my lip, the rest in my head.“

The resulting concussion lasted three weeks, but Shelley Hall felt safe knowing that her estranged husband faces up to 19 years in prison. Now, Michael Hall’s defense attorney argues the prosecution waited too long to go to trial. State law provides Michael Hall and others with a right to a speedy trial within 90 days of the time the accused enters jail. 

“I screwed up, quite frankly,“ said Pike County prosecutor Robert Junk. “It was my mistake, my typo. I don’t know why I put August 20th on it.“

The trial date of November 17 would not have been a problem if Junk had realized his mistake last month. But as 90 days passed from the time Michael Hall entered jail, Junk realized he had written August 20 as the date of the alleged crime, instead of the correct date, August 3.

“It absolutely makes me feel ill because I feel like I’ve let her down because of a stupid mistake I made,“ Junk said.

Shelley Hall said Junk “should have paid more attention,“ but she is willing to forgive his error. She has other worries, mainly whether her estranged husband will come after her again.

Junk said he will try to protect her from Michael Hall, whom he considers dangerous, by looking for additional charges that can still be filed to prevent Michael Hall from avoiding prison time.

Michael Hall’s defense attorney, Robert Rosenberger, told NBC 4 Tuesday that he realized the paperwork error early on and did not inform the court or the prosecution. Rosenberger said that he was under no ethical obligation to do so, adding that he has won other, lower-profile cases because of clients’ speedy trial rights. 

Junk, who is up for re-election in 2012, says he hopes to learn from the mistake by having co-workers double check key dates. Junk told NBC 4 he does not intend to resign due to the error.

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Reader Reactions

Flag Comment Posted by Karrie on November 16, 2009 at 10:15 am

Thanks ABE…. and your right. He would not have cared AND at one point she had ended up in a mans yard and this man heard her screaming and came to help my sister and Mike allegedy ( dont want to get in trouble) so ALLEGEDY pointed the gun at him told him (per this mans statement) that if he moved one more inch he would shoot him as well.

He didnt care who got hurt

Flag Comment Posted by ABE on November 13, 2009 at 10:02 pm

Karrie, you’re right. There’s no excuse for defending Junk. If his “mistake” had resulted in the loss of county money, he would be tossed out of office and prosecuted. Apparently, a woman’s health and life are worth less in this county than money is. Whatever “good” Junk has done for the county doesn’t make up for his flippant carelessness. I watched his news interview.
Hall took a gun onto an MRDD school bus not knowing if anyone else was on the bus. How many other people was he willing to put at risk in order to assault his wife? And yet that fool Junk just shrugs his shoulders and says, “Whoops.“
Domestic violence and MRDD activists should be all over this! He went on that bus with the intention of hurting or possibly killing Shelley. No doubt he would have attacked anyone who tried to stand in his way.
It sounds like Rperry might be the employee who screwed up the date. And as for Pike Co Proud… if one of his/her family becomes the victim of domestic abuse, I’d like to see how much trust they still have in Junk.
This is not just a casual mistake. It’s costly beyond belief. If I make a mistake at work, the buscuits get burned. Junk’s “mistakes” result in human beings being abused, molested, and murdered. With higher positions come higher responsibilities. And higher consequences. If Junk has too much to deal with, maybe he should be baking the buscuits.

Flag Comment Posted by Karrie on November 13, 2009 at 7:59 pm

RPERRY I dont care if he is a saint and has been handed to your county by God himself!!!! THIS WOMAN IS MY SISTER and if that pig comes after her again because of HIS NEGLIGENCE her life and her childrens REST ON HIS SHOULDERS! HOW DARE you come on here and defend this man when this woman is someones mother, sister, daughter and friend!!!! You will not be the one who suffers the heartache and grief if what this incompetent prosecutor has done results in tragedy as we all know that is does on a DAILY BASIS .. YOU GOT YOUR NERVE

Flag Comment Posted by Rperry on November 12, 2009 at 8:09 pm

I am an employee of Mr. Junk, he is one of the most honest, trustworthy, dependable people I have ever met. He is good at what he does, and goes out of his way to do as much as he possibly can to help the victims in his cases. This incident was truely an accident.  He is a busy man, and he makes one mistake and the Media is on him. People are downing him. And this shouldnt be happening. Maybe the people who are talking bad about him should think “ If I had as much to deal with as he does I am sure I would make a mistake every now and then too.  THIS WAS AN ACCIDENT PEOPLE!!! His job is not easy by any means, but you know he does it well. He would never do anything like this on purpose. Rob Junk cares about the victims, cares about the residents of the county, and will do anything he can to help. He is one of the finest men you would ever meet in your life. Instead of complaining about one mistake he made think of all the good he has done for our county!Rob we are proud to have you as a boss and hey mistakes happen everyday! We know you will do all that you can to try to fix this and help your victim. Dont let this get you down!

Flag Comment Posted by Pike Co Proud on November 12, 2009 at 4:03 pm

Rob Junk is a great guy who really cares about the residents of Pike County.  I’m sure he is upset at himself over this.  I’m also sure no one is surprised that Rosenberger knew of the error, that his client is guilty, and that he kept it to himself.  He is what we all know he is.  But Junk has done extremely well for all of us in this county and no one should ever forget that.  He’s maybe not perfect but I’d lay my trust in him anyday!

Flag Comment Posted by Retlaw on November 11, 2009 at 9:31 am

I watched this story on NBC4 last night. I couldn’t help but notice how disorganized and sloppy Mr. Junk’s desk was. I strongly believe there is a direct correlation between his lack of personal organization and this “mistake”. My guess is that this is not his only “mistake” due to lack of organization. I put the blame on this prosecutor, although I agree that we should be able to correct this error in the name of justice.

Flag Comment Posted by rmako on November 10, 2009 at 10:58 pm

I am pretty certain that there is a special place in the netherworld for defense attorneys. To try to get someone off on a technicality, knowing that the person is guilty is, to me at least, unpardonable. They are no better than the trash they defend

Flag Comment Posted by DublinOH on November 10, 2009 at 10:37 pm

This is the American “justice” system at its finest.  Robert Junk’s carelessness sadly could result in this woman being hurt (or worse) again, but he’s hardly the villain.  Robert Rosenberger proves what I have thought all along - that defense attorneys, by nature, are complete sewer scum.  Not only did he defend this scumbag Hall, but he knew the improper date was filed and did nothing about it.  Legally he may not have had to say anything but morally he . . . oh wait, this is a defense attorney, he doesn’t have morals. 

It’s amazing that I can put the wrong date on, say, an invoice at work, later catch it, have it corrected, and all is well.  But we can’t make the same correction when, perhaps, a woman’s life is at stake.  Men who beat women rarely do it once.  This is a habitual malady, not a one time occurrence.  I hope, for Shelley’s sake, she stays safe.

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