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Akron -- About two and a half years have passed since a jury found a former Hudson osteopathic doctor guilty of sexual imposition, and he has yet to serve his sentence. More time was given April 19 when a judge extended a stay of execution of sentence.
On Aug. 29, 2014, a jury in Judge Tom Parker's courtroom at the Summit County Court of Common Pleas found James P. Bressi of Hudson guilty of one count of sexual imposition, a third-degree misdemeanor.
Bressi was sentenced Oct. 7, 2014, but Summit County Court of Common Pleas Judge Tom Parker ordered a stay of execution of sentence to allow Bressi to appeal.
The 9th District Court of Appeals heard the case and confirmed the conviction Aug. 3, 2016.
Judge Scot Stevenson agreed to keep the stay of execution of sentence in place Aug. 30, 2016, for a second appeal to the Ohio Supreme Court.
The Ohio Supreme Court considered but did not take the case within the last month, according to Bressi's attorney, Michael Callahan. At a hearing in the Summit County Court of Common Pleas April 19, Judge Judy Hunter agreed to keep the stay of execution of sentence in place until Callahan's motion proceeded through the judicial system.
Callahan said because a misdemeanor charge has short sentences, an automatic stay is given for every charge.
"The shorter sentence could be served before the appeal," Callahan said. "I am asking for this appeal while we wait for a motion for a new trial. An overwhelming majority of the 59 days (sentence) would have been served if court imposed sentence today."
Callahan said Bressi has been at every appearance in court and complelely in compliance with his bond and hearings.
"He's not going any place," Callahan said. "If we do not prevail, he will be available to present himself for sentencing."
Assistant prosecuting attorney Jon Baumoel said the court needs to respect the jury's verdict in the case, which has gone through the process of appeals.
"In the interest of justice and for the sake of the victim, it's time for Bressi to receive some of those sanctions," Baumoel said.
In addition to a sentence of 59 days, Bressi could serve five years of community control and register as a tier 1 sexual offender for 15 years.
"In felony court it is routinely ordered by courts and judges that if a defendant is found guilty, they serve their sentence even with appeal," Baumoel said.
Five years of community service would include sexual offender counseling, Hunter said. The impact of registration would also involve the Sheriff's office to make sure Bressi was compliant.
"Given the complexity of the sentence when we look at not just 59 days but a number of other things [such as] involvement of agencies and making records, my thinking is it would be very hard to undo a sentence imposed for registration," Hunter said. "It's not quite as simple as vacating."
Hunter said if a new trial was granted, it would only pertain to the one count in which Bressi was convicted.
Hunter granted the motion to grant the stay of execution of the sentence.
Oldfield will have a hearing potentially in May on leave to file a motion for a new trial based on newly discovered evidence not available at trial, Hunter said.
Bressi treated a woman at Summit Pain Specialists in Stow, which he owned and operated at the time. The clinic closed Aug. 15, 2016.
During osteopathic manipulation treatment, the woman testified Bressi placed her arm along the side of her body and pressed his genitalia in her upturned hand.
Bressi testified during the trial that he believed the woman mistook his genitalia for two bottles he carried in his pocket.
The jury found Bressi not guilty of 26 of the 27 indictments against him, including two counts of rape, 13 counts of gross sexual imposition and 11 counts of sexual imposition against 10 women.
He voluntarily surrendered his medical license to the Ohio Medical Board May 28, 2015, and the State Medical Board issued an order to permanently revoke the license.