Judge rejects Gravelles' request for a new trial

Caged kids case: Judge rejects request for new trial
Couple have several issues for appeal, wife's attorney says
Columbus Dispatch, Jan. 30, 2007.

A couple convicted of child endangering for forcing some of their 11 adopted, special-needs children to sleep in cages lost their bid yesterday for a new trial or acquittal.

Huron County Common Pleas Judge Earl McGimpsey ruled that Michael and Sharen Gravelle did not prove any of their arguments, including that the jury made a mistake, that a witness committed perjury or that evidence was withheld.

He wrote in his decision that the Gravelles' "own expert conceded that long-term use of the enclosed beds would have a detrimental effect on the children."

The Gravelles, of rural Wakeman in northern Ohio, were convicted last month of four felony counts of child endangering, two misdemeanor counts of child endangering and five misdemeanor counts of child abuse.

"We respectfully disagree with the court's rulings and we intend to pursue the issues in the court of appeals," said defense attorney Ken Myers, who represents Sharen Gravelle.

The Gravelles were disappointed but "not terribly surprised" by the ruling, he said.

Myers said a key issue on appeal would be the defense's contention that descriptions about the size of the enclosures had been misrepresented by investigators seeking a search warrant for the Gravelle home.

"There are several very good issues for appeal, some of which were not addressed in this go-round," Myers said. "But I think when we get three judges looking at it independently, we're confident they will see some of the errors that we've been pointing out at the trial level."

The Gravelles say they needed to keep some of the children in enclosed beds with alarms to protect them from their own dangerous behavior and stop them from wandering at night.

They could face one to five years in prison and a maximum fine of $10,000 for each felony count. Their sentencing is scheduled for Feb. 14.

The Gravelle's children, who suffered from problems such as fetal alcohol syndrome and a disorder that involves eating nonfood items, ranged in age from 1 to 14 when authorities removed them in September 2005 from the Gravelles' home in Wakeman, about 60 miles west of Cleveland. They were placed in foster care in fall 2005 and the couple lost custody in March.