Credit: Nick Graham
Credit: Nick Graham
Reynolds, 52, is facing charges of bribery, two counts of unlawful interest in a public contract and misdemeanor charges of unlawful use of authority and conflict of interest. The charges stem from allegations that Reynolds used his public office to further his own interests.
On Wednesday, attorney Chad Ziepfel filed a motion to dismissed the case based on what he says is a flawed bill of particulars, or outline for the alleged crimes, filed by the special prosecutor Brad Tammaro from the Ohio Attorney General’s Office.
Criminal charges against Reynolds came after a months-long investigation by the Butler County Sheriff’s Office and the Ohio Bureau of Criminal Investigation.
In the motion for dismissal, Ziepfel said in 2020 Reynolds found himself under criminal investigation “based on false allegations made in a civil complaint filed by his family’s 88-year-old disgruntled neighbor.”
The indicted charges were the outcome of “very public and politically-motivated investigation,” according to Ziepfel. The attorney pointed to Ohio Dave Yost and Butler County Sheriff Richard Jones’ “very public pleas” for Reynolds to resign from his office without a hearing or reviewing the evidence against him.
“When Mr. Reynolds refused to acquiesce to their coup, they sought to remove him from office using (a process permitting the attorney general to request the Ohio Supreme Court chief justice to hold a suspension hearing) which a former Ohio Supreme Court Justice described as a sham reminiscent of the Spanish Inquisition,” Ziepfel wrote in the motion.
Last month, a special commission comprised of three retired judges appointed by the chief justice ruled in Reynolds’ favor declining to suspend him from office.
“The Special Commission finds that Mr. Reynolds’ actions, as set forth in the charges, are not sufficiently related to the performance and duties of his office so as to warrant suspension,” the special commission decision states. “There is an insufficient nexus between the alleged acts in the Attorney General’s request for suspension and the functionality of the Butler County Auditor’s Office.”
During the failed suspension proceeding, Ziepfel said, Reynolds was served with a bill of particulars in the criminal case. The defense attorney says they are legally insufficient.
“Even if the court were to assume that the evidence at trial will show what the state alleges, the essential elements of the crimes charged still have not been met. Accordingly, the indictment does not set forth the essential constituting offenses charged, and should be dismissed,” Ziepfel said in the motion.
The prosecution will have a chance to respond, but as of Friday afternoon had not. Steve Irwin, press secretary for the attorney general’s office, said they have no comment on pending litigation.
Butler County Sheriff’s Office Chief Deputy Anthony Dwyer said the office had no comment on the dismissal motion.
Ziepfel did not request a hearing on the dismissal but said it could happen in the future. Reynolds’ trial is set for August.
Bribery is a third-degree felony with a possible maximum sentence of three years in prison and a maximum fine of $10,000. The other two felonies are fourth-degree charges with penalties of six to nine months behind bars.
The charges relate to Reynolds allegedly using his position to facilitate the sale of his father’s property in West Chester Twp.
Reynolds was appointed auditor in 2008 and elected to his first full term in 2010.
Prosecutors allege the bribery crime happened Nov. 8, 2019, and on or about Sept. 17, 2021, when Reynolds, an elected official, “approached a developer attempting to gain approval for a development project and offered to sell the development company his father’s land for $500,000, 2-3 acres of land valued at $21,000.00 by the Butler County Auditor’s Office, and requested the developer employ him as a consultant at a fee of $200,000 to guide the development project through local governmental requirements,” according to the bill for particulars filed this week.
Credit: Nick Graham
Credit: Nick Graham
A second alleged felony charge of unlawful interest in a public contract happened between April 6, 2021 through Aug. 31, 2021, when Reynolds used his office to influence a public contract.
Specifically, Reynolds influenced governmental officials to secure approval of a Tax Increment Financing proposal to provide public funding from three government entities for infrastructure and improvements to Hamilton-Mason Road. Those would benefit himself or a member of his family by providing public funds that would enhance the ability to develop property owned by his family, according to court documents.
Staff writer Denise Callahan contributed to this report.
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