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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