By Janice Morse
The Cincinnati Enquirer

HAMILTON - After two mistrials, a Fairfield man was convicted Wednesday for abusing a mentally retarded man he was supposed to be helping.

A Butler County jury deliberated nine hours and deadlocked on a misdemeanor assault charge before finding Timothy Lee Ivers, 40, guilty of felony patient abuse.

"We will prosecute tough cases, and even bring them to trial several times, if that is what it takes to protect these victims," said Butler County Prosecutor Robin Piper.

Nine men and three women constituted the third jury impaneled to hear the case against Mr. Ivers. A dispute over a document caused a mistrial in April and a second mistrial followed in August after a jury deliberated 10‡ hours but was unable to reach a unanimous verdict on either charge.

Judge H.J. Bressler released the third jury from further deliberations on the misdemeanor charge; prosecutors will have to decide whether to drop, modify or pursue it a fourth time. Meanwhile, Mr. Ivers is free on bond awaiting sentencing Dec. 3. He could get probation or up to 18 months behind bars.

Mr. Ivers' lawyer, Frank Schiavone, did not respond to a telephone message seeking comment.

The charges against Mr. Ivers stemmed from a January 2001 incident at the Hamilton Center, a workshop for the mentally disabled where Mr. Ivers worked. A videotape shows Mr. Ivers pulling Glenn Kidd, then 36, into a restroom, where an audiotape recorded what prosecutors said sounded like smacks and Mr. Kidd yelping in pain. Mr. Schiavone said there were other explanations for the commotion.

Mr. Kidd makes noises but cannot speak and is very active. He functions at the level of a 1- to 2-year-old and has a history of running away, evaluations have shown.

Pam Long, spokeswoman for the Butler County Board of Mental Retardation and Developmental Disabilities, said the commitment of Hamilton police and Mr. Piper's office demonstrated that "It's justice for all, not just justice for those who can speak."

In an investigation published earlier this year, The Cincinnati Enquirer found that victimization of the mentally retarded is rarely prosecuted - and offenders may go unpunished by their employers.

Robert Jennings, spokesman for the Ohio Department of MRDD, said he hopes that's changing. Besides facing criminal sentencing, Mr. Ivers faces a hearing on his job status, and he also will be considered for entry on a statewide registry of agency workers found to have harmed the mentally disabled.

He said the case was "very significant," because local authorities showed extraordinary commitment - a step toward changing some officials' attitudes that such cases are too difficult to tackle.

E-mail jmorse@enquirer.com