CINCINNATI — Former Butler County Auditor Roger Reynolds wants a new trial.
Reynolds' defense team filed a motion for a new trial after claiming earlier this month that the state withheld exculpatory evidence.
The 53-year-old was convicted of a felony last year for unlawful interest in a public contract. He faces six to 18 months in prison, with a potential fine of up to $5,000. He would also not be allowed to hold elected office.
At Monday’s hearing, attorney Chad Ziepfel said the state withheld thousands of pages of documents and emails that could have resulted in a different outcome.
"The state issued two subpoenas to Four Bridges Golf Club. Four Bridges produced thousands of pages of documents and emails and the state didn’t give any of those documents to the defense," Ziepfel said.
Ziepfel claimed the withheld information is favorable to his client, and as a result, violates the Brady rule.
"So the Brady rule is simple. The state has to give the defense all favorable evidence. That includes exculpatory evidence and impeachment evidence," Ziepfel said.
The motion for a new trial is centered on an email sent from Gene Powell, Four Bridges golf pro and Lakota golf coach, to the owners of the county club. Ziepfel said information in this email directly contradicts the prosecution’s only witness Jennifer Logan, the former Lakota treasurer.
That prosecution admitted to suppressing evidence, but special prosecutor Brad Tammaro said the email the new motion is based on is not material evidence because the defense had all of the information in the email in the form of a recording.
"The question isn’t did the state withhold the email, the question is did the defendant have the information contained in the email, because the Brady violation can’t exist if the defense has the information," Tammaro said.
Ziepfel said the emails would have altered their strategy at trial.
"The defense can’t use a recorded interview the same way they can use an email at trial," he said.
"The email actually says one thing and the defense argues as if it says something else," Tammaro said.
The defense said the emails also show the idea to expand the golf facility was discussed two months before Reynold’s got involved. The prosecution said that wasn’t new information.
"It’s in the interview that it was already in the works this idea of expanding the training facilities when Mr. Reynolds said let's get some school district money to do that," Tammaro said.
Ziepfel said the emails show that there was some support from Lakota for the project, but Tammaro disagreed with that statement.
"What we’re asking the court to do is apply those constitutional requirements to look at this information and say, does this add something? Is there something else in this email that’s in this email that the defense did not already know — something the defense did not already know that undermines the confidence in the outcome of the trial? That’s the standard for materiality and that’s what we would ask the court to apply," Tammaro said.
Judge Daniel Hogan has not announced a date on when he will make his decision.
READ MORE
Coroner identifies man killed by police in Middletown
West Chester police cruiser bursts into flames, insurance company sues Ford
Hamilton Vietnam vet, former FBI agent killed while riding bike in Colorado
Watch Live:
