Posted: 09/29/2011 12:08 AM.
Paintersville, Ohio. The 2nd District Court of Appeals of Ohio has ordered that a Paintersville man — who admitted he held his children underwater until they ran out of breath and forced them to wear dog shock collars as punishment — must be re-sentenced because the state improperly tried to influence his original sentence.
David O. Liskany, 42, was sentenced to 16 years in prison in January 2009 after he pleaded guilty to two counts of felonious assault and one count of attempted felonious assault for abusing his three children.
Liskany appealed the sentence on the grounds that his legal representation was ineffective, the sentence was the result of a misrepresentation of the state’s recommendation, and the state reneged on its plea agreement because of a letter sent to Campbell by county sheriff’s Capt. Eric Spicer.
In the letter, Spicer said Liskany was a “dangerous serial child abuser” whose actions were the worst case of “systematic mind control and physical abuse from a parent upon their own child,” according to court records.
The abuse was discovered after one of Liskany’s sons walked nearly 20 miles over two days to a relative’s home to escape Liskany, authorities said.
The appellate court determined that two of Liskany’s legal arguments in his appeal were without merit, but the court ruled that because Spicer is an “agent of the state,” his letter was an improper attempt to influence the sentencing by breaking the state’s promise to recommend a sentence of four years or less.
Greene County Prosecutor Stephen Haller said the trial court has been ordered to re-sentence Liskany without considering Spicer’s letter, even though there is no evidence the letter had any influence over Campbell’s decision. Haller said his office continues to recommend a prison term of four or fewer years.
Haller said his office was unaware of Spicer’s letter until the appeals process. He said his office is planning to craft a policy about how law enforcement and others can write letters to the court.
“On one hand, I think law enforcement needs to have a voice,” he said. “But on the other hand, I understand the position that the state speaks with one voice.”
John H. Rion, Liskany’s attorney, said his client’s case was mishandled, and the sentence of 16 years was shocking considering the state’s recommendation.
“Our objective was to get the sentencing reversed because we felt that it was harsh and comparatively different than typical sentences passed out throughout the state for similar situations,” he said.