I can't believe what I am seeing here! This womans own lawyer didn't do all he could to defend her when he knew those people who worked with her could shine a different light on this? Maybe people such as lawyers and everyone else in this case that helped put this woman in prison should be prosecuted!!!!!! This is just wrong!
That is the justice system gone amuk at its worst and if the Governor doesn't put an end to this travesty he needs to step down and find another job, too.
Just finished watching this.....what a fiasco. It cost an innocent woman years of her life and her reputation.
Her own lawyer screwed up big time. I cannot even believe that they allowed those parents to hold their own children during the line-up - a little squeeze here, and little gesture there and BINGO the "choice" is made. The initial mother, the one with the most to "gain" even picked up the child's hand to point out a person and then put the words in the child's mouth. What four year old doesn't want to please Mommy and will parrot anything she says.
Of course none of those initially involved will ever admit to their mistakes, their complicity. What a bunch of reprehensible people. The prosecutors want the notch on their belt and the parents were happy to take away someones freedom for the hopes of some $$$$....and apparently they got it. Heaven forbid that the accused might be innocent - that takes all the fun out the game!
What was the cost? A bunch of little kids grew up believing that they had been molested. No wonder the one boy had ended up in jail - great role models he had. I am forever amazed at the perfidy of humans. Nothing is too low for them to stoop to.
Was Bradley even questioned as to why he didn't use the aides and teacher? Or did he just want to settle the case too. And now he's with the police chief wanting to get her out. And is she owed any type of monetary compensation for her time in jail and being innocent? A pretty sad legal system we have that the lying kids' moms make out and Nancy Smith is still in limbo.
Dollars to donuts, the statue of limitations is up if Bradley conspired with the attorneys who sued the school system on behalf of the parents. Another problem is if Bradley represented Smith's ex-husband that would be a blatant conflict of interest in representation. I hope that Smith can find herself a competent legal malpractice attorney to sue her ex-lawyer who was at the very least negligent and seems to have admitted that fact during the Dateline story.
The parents who allegedly lied in order to sue the school system are likely past the statue of limitations for fraud. Criminal statue of limitation laws are constantly changing so who knows. The children seem to be innocent pawns in this likely greed driven case. Wonder if the criminal statue of limitations is up would they are still be legally liable in a civil case for their alleged fraud.
In the case of Smith the Governor has all sorts of financial motive to give her clemency over exoneration. If she is proven innocent she could sue for compensation for the time she was falsely imprisoned. I hope and pray that this woman is exonerated and given compensation for the horrible injustice which was inflicted upon her and her family.
Joseph isn't so clear cut. He could be an innocent who was selected because of his past criminal record to become another fall guy. The lack of physical evidence does lean toward his innocences as well. But it is possible he had some sort of illegal connection with the convicted cocaine dealing mother who started the whole thing. If that were true he wouldn't be completely innocent just innocent of the abuse charges.
People might ask themselves why didn't the school system lawyer get involved in the case to protect the school from legal action. Public school lawyers are usually paid a flat fee and aren't paid extra for saving the school money. Also they are usually politically connected and don't fear being fired even if they lose their school millions of dollars. Why because the millions they are loosing is the taxpayers money and not anyone who could ever hold them directly accountable.
What an injustice from beginning to end!! The Governor needs to give more than clemency... not time served either...what a joke. A public apology and admission of injustice needs to be done immediately. 15 years has been taken, robbed, ripped from their hearts and the hearts of their families. I am praying for all those involved to step up and set the records straight. Get with it!!!! Admit you were wrong and compensate them.
Also can't believe this. I believe the Grandin woman fabricated this whole story for money which is what she got. She should be prosecuted along with the district attorney.
Thank you Ron Mott for bringing this injustice to light. As a lifelong resident of Lorain County, OH, I followed the developments of this case and the trial closely. I NEVER believed that any crime was committed, other than the crimes committed by Jack Bradley for being ineffective counsel, the crimes committed by Margie Grondin and the other parents for maliciously persecuting two innocent people, then receiving a reported $1.25 million a piece in a legal settlement with Lorain Head Start's insurance company, and the Lorain County Prosecutor's office for pursuing these charges, even when the evidence showed at the time that NO CRIMES had been commited. There is a very long back story involved in this case, including an "I'm never wrong" assistant prosecutor who allegedly intimidated witnesses and hid evidence in this case; a police chief and mayor who caved to media pressure, a judge who allowed the prosecuting attorney to run her courtroom; the extensive internal problems with the Lorain police department, including abuse of power and alleged police brutality; and a prosecutor who could not control his chief assistant.
Do you wonder why former assistant prosecutor Jonathan Rosenbaum is in a wheelchair? His own son Aaron shot him in the back with a shotgun at Sportsmans Gun and Reel Club in Amherst, OH on August 23, 2009 You can find a link here: tmcnews.blogspot.com/2009_02_01_archive.html. Aaron Rosenbaum was treated for a self-inflicted gunshot wound in 2011 after an argument with his father: blog.cleveland.com>metro-cleveland.com>breaking news.
For those interested in further reading on this case, I suggest you check the archives of the two Lorain County daily newspapers at www.chroniclet.com, and www.morningjournal.com. You can also research the Lorain Police Department, who is under investigation by the US Department of Justice. You may also wish to read Framing Innocence: A Mother's Photographs, a Prosecutor's Zeal, and a Small Town's Response by Lynn Powell. It is a story of a mother from Oberlin, OH persecuted by the same prosecutor and assistant prosecutor for taking alleged pornographic pictures of her daughter. I hope both the Head Start and the Framing Innocence cases scare the hell out of you. Any one of us can have our lives ruined any day by an overzealous prosecutor.
I just finished watching/crying over this story. I am so SICK of these stories. One after another of people wrongly convicted. What makes it worse is the prosecutors, judges and others that just won't admit their mistakes. Ms Smith is more forgiving than I. Thanks to justice denied for the other info. I may not live in Ohio but you can be sure I will be writing their governor demanding her total exoneration!!!!! Stay strong Ms. Smith I will pray for you.
I am writing regarding Nancy Miller Smith who is also my cousin and am thanking Dateline personally for airing this show to highlight the injustice that was inflicted upon her in the child molestation case in which she was wrongfully sent to prison for approximately a decade and a half. I also applaud you for highlighting the corruption within the Lorain County Judicial and Legal systems surrounding this case. Most importantly however, I personally commend you for finally bringing to light the tainted evidence that was not given a day to shine in court, but can now be seen just as clearly as my cousin Nancy's innocence, via a "primetime" and national platform. As I close this comment, It is with much gratitude to Dateline, that I extend for shedding the light on Nancy's case, in hopes that she receive the overdue exoneration she clearly deserves!
This story is so much like thousands of others who are locked up in prison or on the sex offender registry. No longer does it take any evidence to convict someone of child molestation. No longer does it take an investigation by law enforcement to have "probable cause" to arrest someone. All it takes is an allegation from a "victim". Society has fallen victim to those who gain power by convicting people. Privatized prisons, prosecutors and lawmakers are all profiting from incarcerating innocent people. There are children as young as 8 years old incarcerated for sexual crimes. Teens who have had teen age sexual behaviors are sitting in prisons. We all need to stand up and take a stand against what is happening to our legal system! Our tax dollars are being wasted by those in power! It's time to stop believing every sexual abuse or rape story is truth!
Even public prisons profit by increasingly locking up more and more people. Just look at the political might of state employed correction officers possibly only second to a state's public school teachers' lobby. Many others in the chain are public employees, the prosecutors, investigators, and judges who all personally profit. Don't fool yourself into believing if only all prisons were government owned this wouldn't be happening.
Who is on the hook, the taxpayer. I don't remember who said that soon no one will be able to live their own life without breaking a law. This way people can become political prisoners as laws are selectively enforced against political enemies. That is a deeper issue not covered under this story and for another time.
Now go to the county court website. Look up probate court records and common pleas court records. Bradley was her husband's (might have been ex at the time) attorney! Isn't that a conflict of interest?! And then Burge took over as his attorney.....I'm wondering if he knew something but was bound by privilege not to reveal it. Whatever the case may be, I applaud him standing his ground on this one! This was a witch hunt if ever I saw one!
Since the prosecutor budgets are significantly higher than public defender budgets we are seeing a 95% conviction rate via plea agreements. I know what you are thinking and you are incorrect! If you are innocent then go to trial and "prove it" but you need to understand when it comes to sexual allegations you are instantly "guilty" because of the "we have to protect our kids factor" and because defendants are told "we can go to court, take our chances, and if convicted you are facing 30 years to life and they don't really have to have any real proof, so you need to decide!
Also, most defendants don't have the $50,000 minimum it requires to hire a private attorney for these type cases and public defenders are either overloaded or in some case inexperienced in these matters.
There are over 763,000 men, women and children required to register across the states for everything from urinating in public, streaking, mooning, exposure, sexting, viewing suggestive or abusive images of anyone up to the age of 18, playing doctor, prostitution, false accusations by a soon-to-be ex-wife, ex-girlfriend or angry and immature student, Romeo & Juliet consensual sexual dating relationships, endangering the welfare of a child, rape and many other "crimes." You are weaving a horrible web. Please do the math... 763,000 multiplied by 3 or 4 family members...wives, children, mothers, grandmothers, girlfriends, aunts and other loved ones that are suffering the collateral damage by being harassed, ridiculed, threatened, beaten, wives lose their jobs, asked to leave their church and other organizations, have to move, have signs placed in their yards, have flyers distributed throughout the neighborhood....all because they are trying to provide a support system for someone who has paid their debt to society and wants to work and support their family....that's all. Keep adding more laws and "you" or someone you love will be awarded a place on the registry. Education is the key! Use the funds Congress wants you to spend on beefing up registries to teach parents, teens and children about sexual safety to include behavior that is appropriate toward them as well as behavior that is appropriate coming from them. Very Important!
I can't believe the injustice done to this poor woman. It's scarey to think anyone can make an allegation and without proof, send someone to prison. It's clear that there was financial motive here by Margie Grondin and the other parents to falsely accuse Nancy Miller. Nancy Miller and this Joseph gentleman need to both be cleared of all wrongs. I don't know the law but I'm definitely for a law suit against everyone who put them in prison.
Did Dateline think to investigate the fact that Chief Rivera is being sued in federal court for civil rights violations against a former cop, and that his raid is under a criminal probe by the US Department of Justice and has been assigned a federal prosecutor? Plus, the Chief's department is under a pattern and practice civil rights investigation by the DOJ as well? Why was this not mentioned in the story?
Such a bothersome story. I think what's worse is Nancy's life is still in limbo. Meanwhile, Margie Grondin...who is now Margie Leyva along with her children who are grown now, Erica Francis (Grondin) and Dino Grondin...are all on facebook and living quite nice lives. They have traveled and I'm sure wanted for nothing. Margie should be prosecuted!
Just watched the show. I agree with the comments from those who are outraged by Nancy's guilty verdict. I hope the Governor does the right thing, overturns her verdict and finds her innocent. And oh....those patents who sued, they should return the money to the taxpayers. What a mess. Shame on the parents. Children's comments should be taken seriously, but the system failed and due process was not followed. Good luck Nancy!
Margie Leyva, I found you on Facebook, you worthless piece of s**t....and your two horrid children. If you think you're so bada**, why'd you lock down your profile, you COWARD!! Now people know about what a lying, horrible sack of waste you are. You, the prosecutors, the other scheming parents involved in this all need to GO DOWN....the day of reckoning is coming, you worthless harridan....to stupid and lazy to get a job and make money, so you had to accuse someone innocent of wrongdoing?? The world will be a better place without you and your disgusting family, go kill yourself.
Most people who have never been victimized by the fundamentally flawed US justice system are ignorant of its challenges. And - it's not politically possible to advocate for its change, unless it is to make it 'tougher'. It's a for-profit system, and this will just get worse over time. What people don't understand is that when they vote for politicians who use fear and ignorance to get themselves elected, they continually vote away their rights, and continue to swing the balance of power away from themselves, and into the hands of those who only seek power and money.
I can't believe what I am seeing here! This womans own lawyer didn't do all he could to defend her when he knew those people who worked with her could shine a different light on this? Maybe people such as lawyers and everyone else in this case that helped put this woman in prison should be prosecuted!!!!!! This is just wrong!
What people will do for money, use their own kids and ruin the lives of others.... shame on them.
Wow I just don't understand her lawyer didn't do his job so sad So glad she is out now
That is the justice system gone amuk at its worst and if the Governor doesn't put an end to this travesty he needs to step down and find another job, too.
Just finished watching this.....what a fiasco. It cost an innocent woman years of her life and her reputation.
Her own lawyer screwed up big time. I cannot even believe that they allowed those parents to hold their own children during the line-up - a little squeeze here, and little gesture there and BINGO the "choice" is made. The initial mother, the one with the most to "gain" even picked up the child's hand to point out a person and then put the words in the child's mouth. What four year old doesn't want to please Mommy and will parrot anything she says.
Of course none of those initially involved will ever admit to their mistakes, their complicity. What a bunch of reprehensible people. The prosecutors want the notch on their belt and the parents were happy to take away someones freedom for the hopes of some $$$$....and apparently they got it. Heaven forbid that the accused might be innocent - that takes all the fun out the game!
What was the cost? A bunch of little kids grew up believing that they had been molested. No wonder the one boy had ended up in jail - great role models he had. I am forever amazed at the perfidy of humans. Nothing is too low for them to stoop to.
Was Bradley even questioned as to why he didn't use the aides and teacher? Or did he just want to settle the case too. And now he's with the police chief wanting to get her out. And is she owed any type of monetary compensation for her time in jail and being innocent? A pretty sad legal system we have that the lying kids' moms make out and Nancy Smith is still in limbo.
Dollars to donuts, the statue of limitations is up if Bradley conspired with the attorneys who sued the school system on behalf of the parents. Another problem is if Bradley represented Smith's ex-husband that would be a blatant conflict of interest in representation. I hope that Smith can find herself a competent legal malpractice attorney to sue her ex-lawyer who was at the very least negligent and seems to have admitted that fact during the Dateline story.
The parents who allegedly lied in order to sue the school system are likely past the statue of limitations for fraud. Criminal statue of limitation laws are constantly changing so who knows. The children seem to be innocent pawns in this likely greed driven case. Wonder if the criminal statue of limitations is up would they are still be legally liable in a civil case for their alleged fraud.
In the case of Smith the Governor has all sorts of financial motive to give her clemency over exoneration. If she is proven innocent she could sue for compensation for the time she was falsely imprisoned. I hope and pray that this woman is exonerated and given compensation for the horrible injustice which was inflicted upon her and her family.
Joseph isn't so clear cut. He could be an innocent who was selected because of his past criminal record to become another fall guy. The lack of physical evidence does lean toward his innocences as well. But it is possible he had some sort of illegal connection with the convicted cocaine dealing mother who started the whole thing. If that were true he wouldn't be completely innocent just innocent of the abuse charges.
People might ask themselves why didn't the school system lawyer get involved in the case to protect the school from legal action. Public school lawyers are usually paid a flat fee and aren't paid extra for saving the school money. Also they are usually politically connected and don't fear being fired even if they lose their school millions of dollars. Why because the millions they are loosing is the taxpayers money and not anyone who could ever hold them directly accountable.
What an injustice from beginning to end!! The Governor needs to give more than clemency... not time served either...what a joke. A public apology and admission of injustice needs to be done immediately. 15 years has been taken, robbed, ripped from their hearts and the hearts of their families. I am praying for all those involved to step up and set the records straight. Get with it!!!! Admit you were wrong and compensate them.
Also can't believe this. I believe the Grandin woman fabricated this whole story for money which is what she got. She should be prosecuted along with the district attorney.
Thank you Ron Mott for bringing this injustice to light. As a lifelong resident of Lorain County, OH, I followed the developments of this case and the trial closely. I NEVER believed that any crime was committed, other than the crimes committed by Jack Bradley for being ineffective counsel, the crimes committed by Margie Grondin and the other parents for maliciously persecuting two innocent people, then receiving a reported $1.25 million a piece in a legal settlement with Lorain Head Start's insurance company, and the Lorain County Prosecutor's office for pursuing these charges, even when the evidence showed at the time that NO CRIMES had been commited. There is a very long back story involved in this case, including an "I'm never wrong" assistant prosecutor who allegedly intimidated witnesses and hid evidence in this case; a police chief and mayor who caved to media pressure, a judge who allowed the prosecuting attorney to run her courtroom; the extensive internal problems with the Lorain police department, including abuse of power and alleged police brutality; and a prosecutor who could not control his chief assistant.
Do you wonder why former assistant prosecutor Jonathan Rosenbaum is in a wheelchair? His own son Aaron shot him in the back with a shotgun at Sportsmans Gun and Reel Club in Amherst, OH on August 23, 2009 You can find a link here: tmcnews.blogspot.com/2009_02_01_archive.html. Aaron Rosenbaum was treated for a self-inflicted gunshot wound in 2011 after an argument with his father: blog.cleveland.com>metro-cleveland.com>breaking news.
For those interested in further reading on this case, I suggest you check the archives of the two Lorain County daily newspapers at www.chroniclet.com, and www.morningjournal.com. You can also research the Lorain Police Department, who is under investigation by the US Department of Justice. You may also wish to read Framing Innocence: A Mother's Photographs, a Prosecutor's Zeal, and a Small Town's Response by Lynn Powell. It is a story of a mother from Oberlin, OH persecuted by the same prosecutor and assistant prosecutor for taking alleged pornographic pictures of her daughter. I hope both the Head Start and the Framing Innocence cases scare the hell out of you. Any one of us can have our lives ruined any day by an overzealous prosecutor.
Justice Denied 1, everything you claim is 100% correct. For a more in depth story check out this feature from 2002 in Crime Magazine -
I just finished watching/crying over this story. I am so SICK of these stories. One after another of people wrongly convicted. What makes it worse is the prosecutors, judges and others that just won't admit their mistakes. Ms Smith is more forgiving than I. Thanks to justice denied for the other info. I may not live in Ohio but you can be sure I will be writing their governor demanding her total exoneration!!!!! Stay strong Ms. Smith I will pray for you.
I am writing regarding Nancy Miller Smith who is also my cousin and am thanking Dateline personally for airing this show to highlight the injustice that was inflicted upon her in the child molestation case in which she was wrongfully sent to prison for approximately a decade and a half. I also applaud you for highlighting the corruption within the Lorain County Judicial and Legal systems surrounding this case. Most importantly however, I personally commend you for finally bringing to light the tainted evidence that was not given a day to shine in court, but can now be seen just as clearly as my cousin Nancy's innocence, via a "primetime" and national platform. As I close this comment, It is with much gratitude to Dateline, that I extend for shedding the light on Nancy's case, in hopes that she receive the overdue exoneration she clearly deserves!
This story is so much like thousands of others who are locked up in prison or on the sex offender registry. No longer does it take any evidence to convict someone of child molestation. No longer does it take an investigation by law enforcement to have "probable cause" to arrest someone. All it takes is an allegation from a "victim". Society has fallen victim to those who gain power by convicting people. Privatized prisons, prosecutors and lawmakers are all profiting from incarcerating innocent people. There are children as young as 8 years old incarcerated for sexual crimes. Teens who have had teen age sexual behaviors are sitting in prisons. We all need to stand up and take a stand against what is happening to our legal system! Our tax dollars are being wasted by those in power! It's time to stop believing every sexual abuse or rape story is truth!
Even public prisons profit by increasingly locking up more and more people. Just look at the political might of state employed correction officers possibly only second to a state's public school teachers' lobby. Many others in the chain are public employees, the prosecutors, investigators, and judges who all personally profit. Don't fool yourself into believing if only all prisons were government owned this wouldn't be happening.
Who is on the hook, the taxpayer. I don't remember who said that soon no one will be able to live their own life without breaking a law. This way people can become political prisoners as laws are selectively enforced against political enemies. That is a deeper issue not covered under this story and for another time.
Now go to the county court website. Look up probate court records and common pleas court records. Bradley was her husband's (might have been ex at the time) attorney! Isn't that a conflict of interest?! And then Burge took over as his attorney.....I'm wondering if he knew something but was bound by privilege not to reveal it. Whatever the case may be, I applaud him standing his ground on this one! This was a witch hunt if ever I saw one!
Since the prosecutor budgets are significantly higher than public defender budgets we are seeing a 95% conviction rate via plea agreements. I know what you are thinking and you are incorrect! If you are innocent then go to trial and "prove it" but you need to understand when it comes to sexual allegations you are instantly "guilty" because of the "we have to protect our kids factor" and because defendants are told "we can go to court, take our chances, and if convicted you are facing 30 years to life and they don't really have to have any real proof, so you need to decide!
Also, most defendants don't have the $50,000 minimum it requires to hire a private attorney for these type cases and public defenders are either overloaded or in some case inexperienced in these matters.
There are over 763,000 men, women and children required to register across the states for everything from urinating in public, streaking, mooning, exposure, sexting, viewing suggestive or abusive images of anyone up to the age of 18, playing doctor, prostitution, false accusations by a soon-to-be ex-wife, ex-girlfriend or angry and immature student, Romeo & Juliet consensual sexual dating relationships, endangering the welfare of a child, rape and many other "crimes." You are weaving a horrible web. Please do the math... 763,000 multiplied by 3 or 4 family members...wives, children, mothers, grandmothers, girlfriends, aunts and other loved ones that are suffering the collateral damage by being harassed, ridiculed, threatened, beaten, wives lose their jobs, asked to leave their church and other organizations, have to move, have signs placed in their yards, have flyers distributed throughout the neighborhood....all because they are trying to provide a support system for someone who has paid their debt to society and wants to work and support their family....that's all. Keep adding more laws and "you" or someone you love will be awarded a place on the registry. Education is the key! Use the funds Congress wants you to spend on beefing up registries to teach parents, teens and children about sexual safety to include behavior that is appropriate toward them as well as behavior that is appropriate coming from them. Very Important!
Vicki Henry
Women Against Registry
I can't believe the injustice done to this poor woman. It's scarey to think anyone can make an allegation and without proof, send someone to prison. It's clear that there was financial motive here by Margie Grondin and the other parents to falsely accuse Nancy Miller. Nancy Miller and this Joseph gentleman need to both be cleared of all wrongs. I don't know the law but I'm definitely for a law suit against everyone who put them in prison.
Did Dateline think to investigate the fact that Chief Rivera is being sued in federal court for civil rights violations against a former cop, and that his raid is under a criminal probe by the US Department of Justice and has been assigned a federal prosecutor? Plus, the Chief's department is under a pattern and practice civil rights investigation by the DOJ as well? Why was this not mentioned in the story?
Such a bothersome story. I think what's worse is Nancy's life is still in limbo. Meanwhile, Margie Grondin...who is now Margie Leyva along with her children who are grown now, Erica Francis (Grondin) and Dino Grondin...are all on facebook and living quite nice lives. They have traveled and I'm sure wanted for nothing. Margie should be prosecuted!
Just watched the show. I agree with the comments from those who are outraged by Nancy's guilty verdict. I hope the Governor does the right thing, overturns her verdict and finds her innocent. And oh....those patents who sued, they should return the money to the taxpayers. What a mess. Shame on the parents. Children's comments should be taken seriously, but the system failed and due process was not followed. Good luck Nancy!
Nancy,
I hope you read this. Being able to forgive after all you have gone through, you are an excellent example of a true Christian. May God Bless You.
Margie Leyva, I found you on Facebook, you worthless piece of s**t....and your two horrid children. If you think you're so bada**, why'd you lock down your profile, you COWARD!! Now people know about what a lying, horrible sack of waste you are. You, the prosecutors, the other scheming parents involved in this all need to GO DOWN....the day of reckoning is coming, you worthless harridan....to stupid and lazy to get a job and make money, so you had to accuse someone innocent of wrongdoing?? The world will be a better place without you and your disgusting family, go kill yourself.
Most people who have never been victimized by the fundamentally flawed US justice system are ignorant of its challenges. And - it's not politically possible to advocate for its change, unless it is to make it 'tougher'. It's a for-profit system, and this will just get worse over time. What people don't understand is that when they vote for politicians who use fear and ignorance to get themselves elected, they continually vote away their rights, and continue to swing the balance of power away from themselves, and into the hands of those who only seek power and money.