Attorney says incarceration could harm judge's son - WFMJ.com News weather sports for Youngstown-Warren Ohio

Attorney says incarceration could harm judge's son

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CLEVELAND, Ohio -

The attorney for the son of Mahoning County Juvenile Court Judge Theresa Dellick says incarceration will not rehabilitate John Dellick, but likely make him worse than he was before.

The assertion is included in an eight page motion filed by Attorney David Betras on the eve of a hearing to determine if the 22-year-old Canfield man will remain in federal custody while waiting for the legal system to run its course following an indictment unsealed on Monday.

Dellick, who pleaded not guilty to one count of being a felon in possession of a firearm, is scheduled to appear in U.S. District Court in Cleveland on Wednesday for a detention hearing.

Government prosecutors say Dellick was in possession of a handgun in January, which would be a violation of a federal law prohibiting convicted felons from having guns or ammunition.

Dellick's felony record stems from his conviction on one count of aggravated assault following an October, 2013 road rage incident when he rammed his jeep into another vehicle, and the assault on a former girlfriend three months earlier.

Since his conviction, Dellick has twice violated the terms of his probation and is currently undergoing treatment for mental health and drug addiction at the Neil Kennedy Recovery Clinic, where he also resides.

In his motion, Attorney Betras says Dellick's parents had repeatedly sought to put their son in a more stringent inpatient treatment program, but were told time and time again, even following a suicide attempt in January, that he was not a candidate

According the motion, Dellick has made substantial progress in recovery in recent months, and is not a threat to the community.

Betras writes in his motion:

Over decades of research as well as trial and error, medical professionals have realized that hands on intensive programs along with the proper medication may allow people with physiological issues to live normal lives. Unfortunately, the criminal justice system has yet to grasp a productive alternative to incarceration.

Instead of incarceration, Betras suggests electronically monitored confinement at Neil Kennedy until Dellick completes his current phase of recovery, and then continued monitoring when he can return to his family's Canfield home.

The detention hearing is scheduled to begin at noon.

The defense Motion for Release may be read in its entirety here.

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