February 10, 2005

Priest wants to change plea

Dayton Daily News

By Rob Modic
Dayton Daily News

DAYTON | The Rev. Thomas Kuhn, with new legal arguments and a new attorney, sought Wednesday to withdraw his no-contest pleas to public indecency and other misdemeanors on the eve of a hearing on whether he violated probation.

"If ever a person needed a zealous advocate, it is this defendant," Dwight D. Brannon, Kuhn's new attorney, wrote in a 39-page brief.

Brannon attacked most conditions set upon Kuhn in June and those changed or added by Montgomery County Common Pleas Judge Mary Katherine Huffman.

Prosecutors will respond to Brannon's motion at today's hearing before Huffman, a spokesman for Montgomery County Prosecutor Mathias H. Heck Jr. said.

Prosecutors allege Kuhn violated probation when he visited a Catholic high school in Cincinnati in September. He had been barred from offering his services to any institution that served minors.

Brannon said Kuhn went to the school to advise the principal with whom he had worked, the day after a student of the school had been slain nearby, and Kuhn visited when no students were at the school.

Brannon also contended that Huffman, who imposed 500 hours of community service, was barred from imposing more than 200 hours based on the law at the time of the offenses.

Kuhn, 63, pleaded no contest June 23 and was convicted of 11 misdemeanors that occurred at Kuhn's home between Nov. 1, 2001, and Oct. 15, 2003. The law was revised to 500 hours effective Jan. 1, 2004, Brannon said.

Posted by kshaw at February 10, 2005 04:29 AM