KENTON — Former Allen East Schools band director Dennis Dellifield faces up to a decade behind bars when he is sentenced April 19 for soliciting nude photos from underage boys.
Dellifield was found guilty Tuesday morning in Hardin County Common Pleas Court of four of eight criminal charges related to his requests in February of 2017 that two minor boys text to him photos of their genitalia in an erect state. Dellifield admitted during his January trial that he had requested the photos.
The 69-year-old Dellifield was indicted last summer by a Hardin County grand jury on four counts of attempted pandering obscenity involving a minor, third-degree felonies; two counts of attempted illegal use of a minor in nudity-oriented material, third-degree felonies; and two counts of attempted illegal use of a minor in nudity-oriented performance, first-degree misdemeanors.
Hardin County Common Pleas Court Judge Scott Barrett presided over Dellifield’s two-day trial to the court — in the absence of a jury — in late January. At the conclusion of testimony, Barrett said he would take several motions under advisement before rendering his verdict.
In early February, Barrett asked Hardin County Prosecuting Attorney Brad Bailey and Defense Attorney Michael Rumer to submit briefs to the court outlining their legal definition of “obscene” as it applied to four of the counts pending against Dellifield. That legal definition was key to the judge’s verdict of not guilty on half of the pending counts.
During Tuesday’s hearing, Barrett said the state failed in its burden to prove beyond a reasonable doubt that the four counts of attempted pandering of obscenity involving a minor against Dellifield were justified. Barrett said prosecutors failed to meet a three-pronged definition of “obscenity.”
The judge said two of the three necessary facets were met, but a third — part of the statutory test that requires the material in question to depict or describe sexual conduct to be considered obscene — was not demonstrated and that Dellifield’s request for a nude photo did not constitute “sexual conduct” under Ohio law.
Based on that decision, Barrett found Dellifield not guilty of two counts of attempted pandering of obscenity involving a minor, third-degree felonies, and two counts of attempted illegal use of a minor in nudity oriented material, first-degree misdemeanors.
The former band director was found guilty of the remaining charges: two counts of attempted illegal use of a minor in nudity-oriented material, third-degree felonies, and attempted illegal use of a minor in a nudity-oriented material or performance, first-degree misdemeanors.
The judge said an Ohio law enacted in 1984 specifically forbids the used of minors in any nudity-oriented material, noting that the photos solicited by Dellifield met the legal definition of “material.”
“The court finds that the defendant did request a minor child to produce a nude photograph,” Barrett said.
Dellifield showed no emotion as the verdicts were handed down. His bond was continued and the Ada resident left the courtroom.
Barrett ordered a pre-sentence investigation prior to sentencing, which will be held at 1:15 p.m. April 19. Dellifield is widely expected to receive less than the maximum prison term at that time.
Dellifield resigned March 31, 2016, after 44 years with Allen East schools.
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