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Mallory Introduces "Trina's Law"
Wednesday, March 30, 2005
(Columbus) – State Senator Mark Mallory
(D-Cincinnati) today introduced Trina’s Law to
change the law so that when a person is found
guilty of committing a crime in a criminal
trial, that guilty finding can be used as proof
that the person committed the crime in a civil
trial. Trina’s Law is named after an Ohio law
student and developed with the help of the
Center for Law and Justice at the University of
Cincinnati College of Law.
“I am amazed that someone can be found guilty
in a criminal case and turnaround and deny that
they committed the crime when they are sued by
their victim,” Senator Mallory said. “It is a
senseless waste of time and taxpayer money to
force the victim to prove all over again that
the person is guilty in order to recover
damages.”
The bill was inspired by UC law student Trina
Hatchett. Dining at a restaurant with a
friend, Ms. Hatchatt was confronted by an
acquaintance and shot. The attacker pled
guilty to two counts of attempted murder and
was sentenced to 15 years in prison. Trina
sued her attacker to recover the money she lost
in tuition and medical expenses. In the
lawsuit, the attacker denied that he shot
Trina. Under current Ohio law, Trina’s
attorney was unable to use the attacker’s
criminal conviction to prove that he shot her.
Instead, she was forced to go through the
lengthy process of again proving that her
attacker had committed the crime.
“I am all for justice having its day, but once
a court finds you guilty, you should not be
able to say something different just to get out
of being sued,” Senator Mallory said. “Trina’s
Law will save the courts time and money and
save victims additional grief.”
This is the third time that the University of
Cincinnati Law School has conducted research
resulting in legislation being introduced by
Senator Mallory. The first project led to the
ratification of the 14th Amendment in Ohio.
The second led to the removal of offensive
racial language from the Ohio Revised Code.
“I am happy to work with the students from the
University of Cincinnati Law School.
Hopefully, we will be as successful as we were
with the last two pieces of legislation,” said
Senator Mallory.
