Still Free: Convicted child molesters remain free pending Ohio - 19 Action News|Cleveland, OH|News, Weather, Sports

Still Free: Convicted child molesters remain free pending Ohio Supreme Court decision

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UPDATE: ELYRIA, OH (WOIO) - New details on a sentencing hearing for two people convicted of abusing nursery school children in 1994.

Bus driver Nancy Smith is accused of taking kids to Joseph Allen's house - where the pair would sexually assault the children.

In 2009, a judge overturned their conviction due to a sentencing error. But late last month, the Ohio Supreme Court reopened the case, and ruled the judge acted without jurisdiction for releasing Smith and Allen.

During Tuesday's hearing, the judge and defense asked the Ohio Supreme Court to reconsider its decision to send Smith and Allen back to jail. If the Supreme Court won't reconsider, their last hope is a request for a new trial.

Smith and Allen remain free at this time.

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