Motion No.

4550952

NAILAH K. BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

MOTION FOR JUDICIAU REUEASE

December 23, 2016 14:55
By: RALPH T. DEFRANCO 0024299
Confirmation Nbr. 944424

THE STATE OF OHIO

CR 15 600810-A

vs.

Judge: CASSANDRA COLLIER-WILLIAMS

BOBBY HERNANDEZ

Pages Filed: 5

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IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY, OHIO

STATE OF OHIO
Plaintiff

CASE NO: CR 600810

JUDGE CASSANDRA COLLIER WILLIAMS

MOTION FOR JUDICIAL RELEASE

ORC 2929.20

V.
BOBBY HERNANDEZ 682480
Mario Correctional Institution
PO Box 57
Marion, Ohio 43301

i
Defendant

Now comes the Defendant Bobby Hernandez by and through undersigned counsel and
respectfully requests and moves this Honorable Court for a hearing to suspend further
execution of sentence and for Judicial Release pursuant to Ohio Revised Code 2929.20.
Defendant states that on April 13, 2016, he was sentenced to 4 years in Lorain
Correctional Institution for Kidnaping, contra ORC 2905.01, a felony of the first degree,
Interference with Custody, contra ORC 2919.23(A)(1), a felony of the fifth degree, Tampering
with Records, contra ORC 2913.42(A)(1), and Forgery, contra ORC 2913.31, a felony of the
fifth degree.
Prior to his incarceration, the Defendant was in jail for 163 days so that to date, he has
been incarcerated nearly one year and statutorily eligible for the Courts consideration for
Judicial Release.
This case received considerable attention nationally due to the fact the Defendant
removed his child from Alabama and settled in Cleveland under an assumed identity. When the

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defendants son applied for college using his social security number, it was discovered who the
child was and the circumstances were and proceeded from there.
Since the time of arrival in this jurisdiction and the recognition by the authorities of what
took place throughout his arrest and subsequent indictment and court proceedings, the
defendant accepted full responsibilities for his actions.
The defendant is 53 years of age, resided on the westside of Cleveland with his fiancee
and their children, including the child that is the subject of this case.
The defendant does not have a significant criminal history. Throughout the entire time
he has been in the Cleveland area he has had no contact with law enforcement, with the
exception of this case.
The defendant served in the U.S. Navy and was honorably discharged. Since his
incarceration, he has been involved in a multitude of activities, although counsel only has one
certificate because many of the programs he is involved in are not yet completed at this time.
As Counsel indicated in his Sentencing Memorandum, the child has had a normal life
with his father in a very stable environment, graduated from high school with honors and was
starting to enroll in college as this matter proceeded to it's conclusion.
As indicated in court, there were significant issues between the defendant and the
childs mother which led to the defendant bringing the child up to Cleveland. The Defendant
has been a model parent, being very hands on and had a close relationship with his son.
The defendant was and will be employed in the event he was released.
Clearly the defendant understands and appreciates the gravity of this case and
understands that he denied the child's mother access to him for many years.
As has been discussed on many occasions, the downside was that the child was
deprived of having access to his mother but the on other side, the child was cared for

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and thrived. His father was hands on and the child accomplished everything he could, getting
his education and so forth.
The defendant understands that are consequences for his behavior and expected that
there would be consequences for his behavior.
The defendant has now been incarcerated for 163 days in county jail and arrived at the
institution on April 16, 2016, nearly one year, and counsel would suggest that amount of
incarceration is sufficient.
The defendant has accepted responsibility for his actions and as indicated, has taken
advantage of all programs and opportunities available to him in an effort toward rehabilitation,
improve his overall lifestyle and to prevent anything like this from happening again in the future.
Defendant further says that any further punishment by way of incarceration only would
be valueless to the Defendant and to society and further says that the impact of this case has
affected him emotionally ever since the occurrence thereof.
Defendant further states that his overall situation is consistent with and conducive to the
spirit and intent of the laws governing Judicial Release inasmuch as he has alternatives in
society to return to by way of support from family and friends and full time employment.
Defendant is ready and willing to abide by whatever conditions this Court may deem
appropriate to impose by way of supervision in the event this motion is granted.
Defendant requests that a hearing be held on this matter, if necessary and that he be
returned for said hearing for the reason that his testimony would be of substantial merit.
WHEREFORE, Defendant would respectfully requests this Honorable Court for an
Order to suspend further execution of sentence and for Judicial Release under whatever

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conditions the Court would deem appropriate and would request a hearing on the above at the
convenience of the Court.
Respectfully submitted,
P tPro-MUur

Is/

RALPH T. DeFRANCO
(0024299)
ATTORNEY FOR DEFENDANT
55 Public Square - Ste. 1600
Cleveland, Ohio 44113
(216) 696-4600
rtdefranco@ameritech.net

SERVICE
A copy of the foregoing Motion for Judicial Release has been delivered to the Cuyahoga
County Prosecutors Office by this Courts electronic filing system on this 23rd day of December,
2016.

/s/

T'-'T.

RALPH T. DeFRANCO
ATTORNEY FOR DEFENDANT

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