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Judge Tom Marcelain of Newark Ohio to consider Blausey's request for early release from prison

-Stay tuned for our official brief on this matter.- "The injustice that Harry Blausey has suffered as a result of the Ohio Department of Corrections is nothing but Criminal, and This project looks to the day that a Federal Court Can and Will look at the serious irreversible damage that this sentence has done to this man and his family.-

-From The Innocence Project (Robert Paisola Reports)
It is required that "The Court shall impose a sentence that is sufficient, but not greater than necessary to comply with the purposes set forth in paragraph two." Paragraph two provides these factors "A, to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; B: To afford adequate deterrence to criminal conduct C: To protect the public from further crimes of the Defendant; an D; to provide the defendant with the needed educational training , medical care or other correctional treatment in the most effective manner"

Put another way, it has been mandated that a sentencing court must impose a sentence that is sufficient but no greater than necessary to comply with the sentencing guidelines in this case. This statute recognized a defendants liberty because it is a clear violation of the statute to impose a sentence necessary than to comply with the law. It also recognizes the importance of public safety by requiring that the sentence be sufficient to accomplish the purposes of punishment, deterrence and protection of the public.

The Supreme Court has also clearly stated that there must no be a disparity in the sentencing process, or the sentencing review process as we are faced with in the Blausey case.

The Finding of Judge Branstool that Defendant Joe McClain had completed a "sentence that is sufficient but no greater than necessary to comply with the sentencing guidelines in this case. This statute recognized a defendants liberty because it is a clear violation of the statute to impose a sentence necessary than to comply with the law. sets the bar for the BLAUSEY Case, as Blausey Has not only made restitution to said victims, but has spent more time in a custodial setting than MCCLAIN, causing a very clear sentencing disparity.

We would ask this honorable Court to Free Harry Blausey and to look at the nexus between the MCClain Case and The Blausey Case. We would ask that this Honorable Court Do the right thing and give Blausey his life back, as the sentence as it stands now is nothing but a sentence to die.


Robert Paisola
The Robert Paisola Innocence Project

'Whatever happened to equal treatment under the law? Although I feel that Mr. Blausey should serve his entire sentence, if I was him I would be asking for early release myself. Recently Democrat Judge David Branstool released Joe McClain after only one year of a 5 year sentence. Joe did the same thing that Mr. Blausey did. Joe bilked about 40 people out of $475,000.00 and was found guilty of 25 counts of grand theft. He originally was facing 40 years in prison.

Judge Branstool cited Joe's good behavior and said he learned his lesson during his time in jail as reason to cut his sentence so short. Or maybe it was the college classes that Joe attended at the taxpayers expense. The entire Church of God community was instrumental in his light sentence and early release. It's too bad that Harry wasn't a church member there. I guess it PAYS to be a Christian at the Church of God. Or maybe it PAYS to be a local judge presiding over a case involving a Church of God member. So, Mr. Branstool, what does a judge in Licking Co. cost?

I'm all in favor of forgiveness. but I'm in favor of equitable treatment under the law. I work with a lady whose young son stole and forged a check. He's a good kid that learned his lesson. He served his entire sentence. It's no wonder minorities complain of injustices in the penal system. Here you can steal half a million dollars & destroy peoples lives but if you're a clean-cut white boy and a member of the right church and can find the judges price you can walk away spotless and free. That makes the McClains Christ like, blemish free just like the sacrificial lamb. The only difference is... the lamb died.

Unless the Church of God are hypocrites and the judges are on the take then both groups should come to his defense and release Mr. Blausey early. Anything less would be the equivalent of using the Bible & the United States Constitution as toilet paper to wipe the filth from ones own backside.'

NEWARK — A Newark man convicted of running a mortgage-fraud scheme wants a judge to release him from prison after serving less than half of his four-and-a-half-year sentence.

Harry Blausey, 69, claimed he would negotiate with victims’ mortgage companies to avoid defaulting on their home debts. He then rented out the properties — sometimes to the homeowner — but did not successfully arrange short sales. He was convicted of 26 felony counts after a weeklong trial.

Licking County Common Pleas Court Judge Thomas Marcelain denied a request Blausey made shortly after his conviction to be placed in a state program that would have allowed him early release. Marcelain denied another request for judicial release in February.

In his most recent request, Blausey’s attorney Daniel Arnold wrote that prison had a profound impact on his client and impressed upon him the need to fully comply with the law, according to the motion filed Dec. 3. All but one of the civil lawsuits filed against Blausey have been settled.

Marcelain to deny Blausey’s request, writing that releasing him would demean the seriousness of the crimes and would not adequately punish him, according to court records.
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