Conviction overturned former N.B. man

The Sixth District Court of Appeals has overturned the conviction and sentencing of Jeremy Henry in
regards to charges stemming from a February 2008 incident.
Henry, now, 22, formerly of North Baltimore, was sentenced to 17 years in prison by Wood County Common
Pleas Court Judge Reeve Kelsey in August of 2008, on felony counts of child endangering, felonious
assault and heroin drug possession.
"The guilty plea that Mr. Henry offered and that the court accepted – it’s not the sort of guilty
plea that the law recognizes," said David Klucas, the attorney who represented Henry in the appeal.

According to court records, Henry changed his not guilty plea to an Alford plea on July 17, 2008. Under
the Alford plea, he maintained his innocence but acknowledged the prosecution had enough evidence for
conviction. The judge accepted the plea then found him guilty of the crimes. Following a pre-sentence
investigation, Kelsey handed down the maximum sentence of eight years on each of the first two counts
and one year on the possession charge and ordered the sentences to be served consecutively. That
occurred on Aug. 18, 2008.
Klucas noted his client’s plea did not meet the criteria for any of the pleas allowed in such cases.
"This was not an Alford plea. They said it was, but it wasn’t," Klucas added. "The plea
that he offered does not fit in the well-defined categories."
Wood County Prosecutor Paul Dobson said it was his understanding "the (trial) court had not made all
the necessary advisements" to Henry regarding the Alford plea and its implications.
"Whether we agree or not, we will have to proceed," Dobson added.
The prosecutor added it will be brought back to the trial court as if the plea had not been entered and
all proceedings will have to start moving forward again.
Dobson indicated he was not sure who will handle the prosecution of the case when proceedings begin.
Matthew Fech served as Henry’s defense attorney at the time of conviction and sentencing through an
appointment. Similarly Klucas was appointed to handle the appeal.
According to Klucas, because Henry has been in custody, he assumes the judge will appoint counsel for
further proceedings, although he has no indication if he will be the attorney or someone else.
According to the police report at the time, Henry and his girlfriend at the time, Julia Millinowisch,
then 22, had physically abused Henry’s 18-month-old son. The child was transported by air ambulance to a
Toledo hospital for treatment.
Millinowisch was also arrested and has been convicted of endangering children for which she was sentenced
to an additional 45 days in jail beyond the time she had previously served. At last month’s sentencing,
she also was placed on three years of community control for possession of heroin.