Former coach seeks judicial release

PHOTO BY JILL GOSCHE David A. Kimmet (right) confers with his attorney, Alex Smith, during a hearing in Seneca County Common Pleas Court Judge Michael Kelbley’s courtroom Wednesday.

A judge is deciding whether a former coach who pleaded guilty to two charges and has spent more than six years in prison can be released early.

David A. Kimmet, 71, of Tiffin, was indicted by a Seneca County grand jury in July 2012 and pleaded guilty to charges of illegal use of a minor in nudity-oriented material or performance, a second-degree felony, and sexual battery, a third-degree felony.

Judge Russell B. Wiseman had sentenced Kimmet to 10 years in prison.

The case was investigated by Tiffin Police Department and involved a coach and an athlete, according to Seneca County Prosecutor’s Office.

Kimmet’s attorney, Alex Smith, has filed for judicial release for Kimmet.

Seneca County Common Pleas Court Judge Michael Kelbley did not immediately rule on the motion during Wednesday’s hearing.

Seneca County Prosecutor Derek DeVine described the offenses as “serious” and said more than six and a half years had lapsed since Kimmet was sentenced.

DeVine said he thought officials should err toward maximum supervision. He said that if Kelbley was going to grant release, “now would be the time to do it.”

Seneca County Prosecutor’s Office believes that if Kimmet is released, he should be supervised by Adult Parole Authority and placed on conditions APA deems appropriate, DeVine said.

Kimmet has about three and a half years left of his sentence. Kelbley could grant Kimmet judicial release and place him on five years of supervision, extending the time he is supervised.

The victim’s mother said the family opposes early release. Kimmet didn’t follow rules of a no-contact order, she said.

“We request to be notified of his residence,” the mother said.

The victim said she had spent her recovery process with Kimmet incarcerated and didn’t have to fear. She questioned why her safety wasn’t being taken seriously and said she was not ready for Kimmet to be released.

The victim said she didn’t get an “out” and has to deal with the situation the rest of her life.

Faith McLaughlin, a victim advocate, requested Kimmet have no contact with the victim and pay her $639.92 in restitution.

“(Restitution) was previously ordered,” she said.