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Mary Ellen Hause, WCPO Video report screenprint

Mary Ellen Hause, pictured here, is an Ohio mom to be jailed over a Facebook photo showing she was together with three school cheerleaders who were holding alcohol bottles. Mary Ellen Hause was convicted of allowing these underaged teens to possess and drink alcohol. WCPO.com reported last May she was first sentenced to 30-days in jail together with a three year probation by the trial court.

Mary Mary Ellen Hause Jailed WPCO News Video Report

However, Mary Ellen Hause insisted she was innocent

“I went downstairs and I saw the kids down there. I sat on the couch and the girls – they know me because of working at the school – they all jumped in my lap. And I did take the picture and I didn’t notice anything right away.”

Hause testified that as soon as she saw the alcohol, she told everyone to leave.

So, she made an appeal to the higher court in order to overturn the earlier trial. Unfortunately, her appeal was rejected!

On March 17, CNet.com reported the Court of Appeals of Ohio, Twelfth District, ruled on February 9 that her earlier conviction for allowing minors to possess alcohol should be upheld. Parts of the appeals court’s opinion read

Appellant argues the trial court abused its discretion in imposing as conditions of community control that she not consume or possess alcohol and that she not have alcohol in her household. Appellant argues these conditions do not relate to the crimes for which she was found guilty.

The trial court has broad discretion in imposing conditions of community control pursuant to R.C. 2929.25(A)(1), which governs the authority of the trial court to impose one or more community control sanctions in misdemeanor violations, including residential, nonresidential, and financial sanctions, and any other conditions the court considers appropriate. We will not reverse such conditions imposed absent an abuse of the trial court’s discretion.

A trial court’s discretion in imposing community control conditions is not limitless, however. In determining whether a condition reasonably relates to the three probationary goals — doing justice, rehabilitating the offender, and insuring good behavior — a court “should consider whether the condition (1) is reasonably related to rehabilitating the offender, (2) has some relationship to the crime convicted, and (3) relates to conduct which is criminal or reasonably related to future criminality and serves the statutory ends of probation.” In addition, the community control conditions “cannot be overly broad so as to unnecessarily impinge upon the probationer’s liberty.”

After reviewing the entire record, we find the trial court acted within its discretion by concluding the restrictions on alcohol use and possession as conditions of appellant’s community control, as applied to appellant only, are reasonably related to rehabilitating the offender, have a reasonable relationship to the crime charged, are reasonably related to future criminality and serve the statutory ends of probation. Appellant was convicted of an alcohol-related offense-allowing juveniles to consume alcohol in her home. If she is not allowed to possess or consume alcohol or have alcohol in her home, it is less likely that juveniles will consume alcohol in her home.

Mary Ellen Hause, from Clearcreek Township, previously was a substitute teaching aid at Springboro High School, near Dayton, Ohio. The cheerleaders were friends with her son. They were photographed in Hause’s basement holding Smirnoff bottles.

Other than a 30-day jail term and a 3-year probation, CNet’s report mentioned Mary Ellen Hause also need to pay a $500 fine and pick up 10 days of trash.

Source: Mom Jailed For Allowing Underage Drinking @ WCPO.com

Facebook photo convicts school aide of drinking charge @ CNet.com