By Sharon Turco
The Cincinnati Enquirer
Hamilton County prosecutors used Ohio's felonious assault statute to put a man behind bars.
Their reasoning: Clyde Herald caused psychological harm to a 6-year-old girl by fondling her.
The felonious assault statute defines the crime as causing serious physical harm, which includes "serious psychological harm."
It may be the first time prosecutors in Hamilton County used the statute in such a way, said Chief Assistant Prosecutor Mark Piepmeier.
"It's innovative," Piepmeier said. "And (Prosecutor) Mike Allen thought is was appropriate in this case."
Common Pleas Judge Mark Schweikert sentenced Herald Friday to 12 years in prison on charges of felonious assault, menacing by stalking and gross sexual imposition for exposing himself to two 6-year-old girlsin separate incidents. Both were shopping with their parents. Herald had faced life in prison.
Schweikert also deemed Herald a sexual predator.
Herald, 49, of downtown Cincinnati, pleaded guilty in an agreement that dropped additional charges of menacing by stalking, gross sexual imposition and child endangering.
Authorities in Hamilton County received a report in December 1999 of a man fondling a 6-year-old girl in a Norwood bookstore.
Then in October 2001, a complaint was made that a man tried to get the attention of another 6-year-old girl in a Springdale department store while fondling himself.
It wasn't until Herald was arrested in January 2002 on a charge of solicitation of first-degree sexual abuse, for repeatedly trying to approach a minor at a department store in Covington - and his picture appeared in the media - that the victims recognized him.
The Hamilton County charges were brought against Herald, and last June he was sentenced to 12 months in jail on the Kentucky charge.
Piepmeier described Herald as dangerous. These are not his first arrests.
"He can't stop," Piepmeier said. "He needed to be locked up."
Performance, deal for severance debated
Portune says he's for contract review
Programs for kids face cuts by Taft
Scheme seems Fagin-inspired
IN THE TRISTATE
DJ joining ranks of Hall of Fame
DeWine attacks police slowdown
Robbers get 8 years each
Mariemont diversity quilt spreads to permanent display
Talk up school bond issue, chief asks businesses
Obituary: Lee L. Schmolt, led historical society
Obituary: Billy Brooks, trumpeter
St. Bernard-Elmwood levy stands pat
Child stalker convicted under assault law
Retiring leader honored
Tristate A.M. Report
RADEL: Mail call
GUTIERREZ: Aging gracefully
FAITH MATTERS: Inside beauty
BUTLER, WARREN, CLERMONT
Bond reduced; protests follow
Victims in Miami U. assaults likely knew their attackers
Blighted, house is now a home
Progress on I-75 not without pains
Lebanon City Council pushing for a pay raise
Replacing 1929 school on the ballot
Levy, development deal prompt debate
County backs plan to finance retail center
Fairfield grad finds way to White House
Supporters lead effort to keep camp
Bush statue planned for Hamilton High
Ivory towers put out hands to help surrounding cities
Ohio moves to ratify 14th Amendment
Term Limits disappointed at Lucas run
Dog's dip in icy pond ends with a new friend
Man fatally injured in Pike Co. mine accident
Patton lawyer says tape bolsters case