3 ways court watchers say case involving ex-assistant county prosecutor raised eyebrows

When former Montgomery County assistant prosecutor John Amos pleaded guilty to misdemeanor assault and sexual imposition charges this week — in a plea deal that included dropping felony rape charges — a Dayton Daily News reporter and photographer were in the courtroom.

Dayton Daily News reporting has revealed numerous things about the case; in fact, the only reason court records are visible to the public is because we challenged the court about the case being seemingly sealed indefinitely.

Amos is not just another defendant. He served as a county prosecutor representing Montgomery County in some of the most high-profile cases. He was on a short list of candidates to fill an open Miamisburg Municipal Judge seat. That’s why the handling of the case is of particular public importance.

Here are three aspects of the case revealed in our reporting that legal experts say are unusual:

1. The sealed records. When Amos was originally indicted in July 2022, the judge in the case granted a motion from Amos’ defense attorney to shield the case from public view.

The public had no access to prosecution or defense filings, or even information on when public hearings were scheduled. The only way the public knows Amos pleaded not guilty — and was allowed to stay home with no cash bond or electronic monitoring as the case proceeds — is because the Dayton Daily News had a reporter at the hearing which was scheduled before the case was sealed.

Finally in response to questions from the Dayton Daily News, the judge admitted that the case shouldn’t still be sealed and restored public access to filings.

2. Pretrial release. While awaiting trial, Amos was released on his own recognizance. There was no cash bond or electronic monitoring ordered. The only provision was that he had to check in every week with his attorney by phone.

Montgomery County Public Defender Theresa Haire said the complete sealing of the case and pretrial release conditions were unusual.

“Clearly none of our defendants have ever been released without posting any bond, or with reporting to their lawyer,” she said. “Especially with such a serious crime, that does not happen.”

3. The far-flung investigation. The investigation of the case lasted two years, and included county prosecutors offices in multiple counties.

The charges against Amos stem from incidents alleged to have happened between April 19, 2013 and April 27, 2013. A sheriff’s office incident report obtained by the Dayton Daily News shows it was reported in Washington Twp. in June 2020.

The case was originally referred to the Hamilton County Prosecutor’s Office to avoid a conflict of interest. By August 2021, the case was transferred back to Montgomery County.

The case stayed with the Montgomery County prosecutor’s office for months, including in November 2021 when Heck appointed Amos to lead courtroom arguments in the high-profile case of a Dayton man who shot two teenagers to death in his garage. While under investigation, Amos continued receiving bonuses and pay raises.

In January 2022, Montgomery County petitioned the court to have Lucas County take over the case. Lucas County special prosecutor Jennifer Liptack-Wilson procured a grand jury indictment on July 15, 2022.

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