Tobergta, who has been arrested seven times dating back to 2006 for the same crime, shook as he stood before Hamilton Municipal Court Judge Dan Gattermeyer in a lime green jail jumpsuit. Prisoners who are placed on suicide watch must wear the lime green jail jumpsuits.
Because Tobergta waived a preliminary hearing, the felony case was automatically bound over to a Butler County grand jury for consideration. Tobergta made no statements.
Defense attorney Chris Frederick declined comment.
Last November, Tobergta was sentenced to prison for 11 months after pleading guilty to public indecency for also having sex with a pool raft while in public view.
Tobergta was released from prison on May 17 and placed on five years parole, according to the Ohio Department of Rehabilitation and Corrections website.
Tobergta was arrested in June 2013 after stepping out his back door naked and having “sexual relations with a rubber pool float,” according to a Hamilton police report.
A 10-year-old neighbor enjoying her new swimming pool observed the act.
In August 2011, Tobergta was arrested at his home after he was seen engaging in sexual conduct with a pink inflatable swimming pool raft, according to police records.
Following a 2008 conviction for felony public indecency, Tobergta was sentenced to five years of community control.
Sharon Robertson, Tobergta’s aunt, was in the courtroom and talked with his attorney after the short hearing.
“Edwin has a sickness,” Robertson said. “We are talking about plastic. It does not involve people, it does not involve children.”
Robertson said over the years Tobergta been diagnosed with mental issues, including attention deficit disorder, and has been on medication.
“But he is easily talked into doing things, his friends showed him how to use the drugs wrong,” said Robertson, who added her nephew is suicidal.
“He is a good person. I hope this time he can get the help he needs,” Robertson said.
Tobergta is being held in the Butler County Jail in lieu of $35,000 bond.
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