Executive Summary
- Jason Yard was granted a new plea hearing due to a court recording system malfunction.
- The original plea hearing transcript, required for appeal, was lost due to the software error.
- Yard had previously been sentenced to 6-9 years, exceeding the recommended 4-6 year term.
- The new hearing is scheduled for February 26 in Hocking County Common Pleas Court.
LOGAN, Ohio — A Hocking County judge has ordered a new change-of-plea hearing for an Akron man previously sentenced to prison for secretly recording guests in a rental cabin. The decision follows the discovery of a critical malfunction in the court’s audio recording system, which failed to preserve the record of the original proceedings.
Jason Yard, 65, pled no contest last October to a second-degree felony charge of illegal use of a minor or impaired person in nudity-oriented material. Prosecutors stated that Yard used a concealed video camera in the bathroom of a rental cabin he owned in Hocking County to record guests without their knowledge or consent.
During the initial sentencing, the prosecution and defense jointly recommended a prison term of four to six years. However, Hocking County Common Pleas Judge Jason Despetorich exercised judicial discretion to impose a stricter sentence of six to nine years. Following the sentencing, Yard’s legal team indicated an intent to appeal the decision to Ohio’s Fourth District Court of Appeals.
According to court filings, the appeal process was halted when defense attorney Ryan Shepler discovered that the trial court’s recording software had malfunctioned. The motion for remand detailed that between October 8 and December 5, no audio was recorded for certain cases, including Yard’s plea hearing. Consequently, no transcript of the hearing exists, a document essential for appellate review.
In his motion, Shepler cited Ohio Supreme Court precedent ruling that if the absence of a necessary court record is not the defendant’s fault, it may necessitate the reversal of a conviction and the granting of a new trial. Judge Despetorich acknowledged the technical failure was not attributable to the defendant and scheduled a new plea hearing for February 26.
It is important to note that while Yard previously entered a plea, the granting of a new hearing effectively resets this stage of the judicial process, and all individuals are presumed innocent until proven guilty or a valid plea is entered and accepted.
Procedural Due Process Implications
This ruling underscores the critical importance of accurate court records in the American judicial system. The inability to produce a transcript essentially nullifies the defendant’s right to a meaningful appeal, particularly in cases where the defense alleges potential errors such as ineffective assistance of counsel or insufficient notification regarding judicial sentencing discretion. By resetting the plea hearing, the court ensures that any future conviction or sentence rests on a verifiable legal record, mitigating the risk of a summary reversal by higher appellate courts.
