The Ohio Attorney General’s Office is handling the case and Press Secretary Steve Irwin said “I don’t anticipate a continuance request from us, but we’re not the only people that can ask, we’re not sure if the defense will want to move forward with that trial date or if they will ask for a continuance.”
If he is found guilty on all counts he faces a possible seven-and-a-half year prison term. Reynolds’ attorney Chad Ziepfel told the Journal-News they are still deciding whether to ask for a delay.
“We have not yet decided whether to request a continuance. Mr. Reynolds prefers to have his trial sooner rather than later, but that may not be possible given the new charge so close to trial,” Ziepfel said. “We need to evaluate the bill of particulars and discovery related to the new charge before making a decision on the trial date.”
There is some urgency in this matter since Reynolds is running for re-election in November against Democratic challenger Mike Dalesandro.
The new charge alleges Reynolds asked the school district’s treasurer if the part of the annual refund — in September 2017 Reynolds’ office returned $2 million to all taxing districts and $459,498 to Lakota — could be used for a golf academy at Four Bridges Golf Club.
Ziepfel said “it would be inappropriate for us to make any statements about the facts at issue” so they are standing by a statement they gave to the Journal-News after Butler County Sheriff Richard Jones made comments on the new charges and asked “that the community not rush to judgment in this matter, and we look forward to proving Mr. Reynolds’ innocence at the upcoming trial.”
“Like the original indictment, the allegations in the superseding indictment filed today against Mr. Reynolds are false. Mr. Reynolds has never solicited, accepted, or paid any bribes, and he has never used his position, authority, or influence to improperly benefit himself or anyone else,” Ziepfel wrote.
“Though the superseding indictment provides no details about the added charge, we are aware of a public statement by Sheriff Jones claiming that the new charge relates to monies returned from the Auditor’s office to the Lakota Local School District. If that is true, the added charge is false and misplaced. Mr. Reynolds is proud that he has operated the Butler County Auditor’s Office with such fiscal responsibility that tax dollars can be returned to many local taxing districts, including the Lakota schools. Under Mr. Reynolds’ leadership, the Butler County Auditor’s Office has always followed the statutory requirements when returning unspent tax dollars.”
According to emails recently obtained by the Journal-News, in February 2017, Reynolds requested and attended a meeting with Lakota Schools Treasurer Jenni Logan and the “golf pro of the Four Bridges Country Club” in Liberty Twp.
In a Feb. 1 email from Logan to Lakota’s attorney at the time, Matt Stout, she asked him to advise her on the legality of Reynolds’ proposal.
“He (Reynolds) would like to take one-half of the fee money he is expecting to return to us (approximately $250,000) each for the next 3 years ($750,000 total) and use it towards a partnership with Four Bridges Country Club who is planning to build a new golf academy,” Logan wrote in part.
“He indicated he has never suggested how we use this fee money but he would now like to. We met with the golf pro of the Four Bridges Country Club and Mr. Reynolds to discuss the details of this facility and how something like this could even come about.”
“I did explain we could not use our money to build a facility on their land. The conversation then went into maybe this could be considered an “access fee”. I told Mr. Reynolds we would first find out legally if something like this could be done and how, and then we would discuss should it be done,” wrote Logan.
The Journal-News reached out to Gene Powell, the golf pro at the county club, and he said he had no comment.
The district also released a number of text messages between Logan and Reynolds. On Feb. 14, 2017 Logan told him she had an opinion from their lawyers.
“While they agree legally we could enter into an agreement for access, they advise against it because in their view it could be viewed as a way to funnel the money to circumvent the law,” Logan wrote, and then asked if Reynolds had consulted county Prosecutor Mike Gmoser.
Reynolds replied “I don’t understand the funnel part. In the meantime I will talk to the prosecutor.”
When asked if Reynolds contacted him Gmoser told the Journal-News he could not discuss the matter “the content or even the existence of legal opinions or legal communications between our office and our clients constitute attorney client information which is privileged.”
The original charges relate to development dealings prosecutors say were illegal because he was using his office to benefit himself or his family. The charges, including a bribery allegation, are intertwined with a civil lawsuit filed by elderly West Chester Twp. Gerald Parks and his daughter Tina Barlow, who has his power of attorney.
Parks launched a litany of complaints against Reynolds saying he has interfered with several offers he had for his land near property owned by Reynolds’ dad, for a competing development. The visiting judge in that case refused to stay the proceedings while Reynolds defends the criminal charges.
There have been a host of depositions taken in the case including Reynolds himself and the developers Brian Jimenez and Tim Haid who court documents say have written notes and a phone call where Reynolds allegedly asked for a $200,000 “cash payment” to serve as a consultant and use his political influence to get a TIF, tax increment financing, assigned to the Hamilton Mason Road area.
Reynolds filed a motion on Monday asking that Barlow be removed as a plaintiff in the case because “the complaint makes no allegation of any violation of Barlow’s individual rights nor any allegation that she was a party to any contracts, nor any allegation that she personally sustained any damages.”.
Legal expert Charlie M. Rittgers said he can understand why they want her taken off the case.
“I think it is reasonable to ask that the pleading reflect the real defendant and not someone who has the power of attorney which could be confusing for a jury when the case caption is read allowed in court,” Rittgers said. “The jury may think the daughter is going to be harmed by a verdict.”
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