J Swygart | The Lima News Terry Sneary, forensic examiner for the Hardin County Sheriff's Office, testified Wednesday about the contents of a computer found at the Ada home of Dennis Dellifield, who is charged with attempted pandering obscenity involving a minor and other related charges in Hardin County Common Pleas Court.
J Swygart | The Lima News Hardin County Prosecuting Attorney Brad Bailey, left, confers with attorneys for defendant Dennis Dellifield during Wednesday' s hearing in Hardin County Common Pleas Court. Testimony in the case concluded Wednesday and Dellifield's fate now rests in the hands of Judge Scott Barrett.
KENTON — The fate of former Allen East band director Dennis Dellifield now resides in the hands of Hardin County Common Pleas Court Judge Scott Barrett — on two separate fronts.
At the conclusion of testimony Wednesday, and following a lengthy series of arguments between attorneys in the case, Barrett took under advisement a defense motion for acquittal. The judge also heard closing arguments from Defense Attorney Michael Rumer and Prosecuting Attorney Brad Bailey and said he would issue his verdict in the trial to a court in the near future, after reviews of the evidence presented in the case as well as case law cited by both attorneys to support their positions.
Dellifield, the 70-year-old resident of Ada, was indicted by a Hardin County grand jury in July of last year on four counts of attempted pandering obscenity involving a minor, third-degree felonies; two counts of attempted illegal use of a minor in nudity-oriented material, third-degree felonies; and two counts of attempted illegal use of a minor in nudity-oriented performance, first-degree misdemeanors.
The charges all stem from a text request Dellifield admitted he made on Feb. 12, 2017, to a 16-year-old student at Allen East school. In a series of two text messages sent minutes apart, Dellifield asked the student to send him a photo of his erect penis. Testimony in the case determined that Dellifield had made a similar request of an older student some two weeks earlier.
The state of Ohio presented its final witness in the case Wednesday morning when Terry Sneary, a forensic examiner with the Hardin County Sheriff’s Office, took the stand. Sneary’s testimony centered around the browser history investigators found on Dellifield’s home computer.
Sneary said his investigation of that computer’s hard drive revealed that on Feb. 12, 2017, within 40 minutes after Dellifield admitted he sent a text message to a minor boy requesting a photo of the boy’s erect penis, the former band director had visited 11 websites featuring gay sex and teen masturbation.
Defense attorney Michael Rumer, in asking the judge to acquit his client, focused on several key aspects of the case, including a challenge that the event in question even took place in Hardin County.
“There has been no evidence presented, not even minimal evidence, that the phone involved was located in Hardin County when the texts were sent,” Rumer told the court. “We believe the state has failed to establish the venue, and therefore the jurisdiction of the case.”
Another prong of Rumer’s request for acquittal was case law surrounding the word “attempted,” as in the attempted use of a minor in nudity-oriented material.
Rumer said that “words themself are not sufficient to bring about criminal charges” on the attempted pandering charge. “I am not trying to defend the bad judgment exhibited by Mr. Dellifield. I am trying to defend the public’s right to prevent the state from intervening in things they have no business intervening in. This is important when it comes to government overreach.”
Barrett concluded the day in court Wednesday by announcing his decision on the request for acquittal, along with an ultimate verdict in the case, will be announced at a hearing at an as-yet undetermined date and time.
If found guilty of all charges, Dellifield faces a maximum of 22 years in prison. He resigned March 31, 2016. He had been with Allen East schools for 44 years.
Reach J Swygart at 567-242-0464.
