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Sunday, January 27, 2002

Lebanon scandal expensive


$54,000 spent; 3 trials left

By Cindi Andrews
The Cincinnati Enquirer

        LEBANON — So far, the prosecution of four former Lebanon officials has yielded one not-guilty verdict and cost Warren County taxpayers $54,000.

        That's the tally for Special Prosecutor Patrick Hanley's work April through December, County Budget Director Tiffany Ferrell-Sauer said Friday. His bill for the three remaining trials is expected to be about $30,000. Most other investigation and trial costs have been paid by the state.

        Mr. Hanley was appointed last year to look into allegations City Attorney Bill Duning, City Auditor Debbie Biggs and Electric Department Director Bob Newton improperly took early retirement buyouts through the electric department when they retired Dec. 31, 1999.

        Mrs. Biggs goes on trial Monday on charges of felony theft in office and unlawful interest in a public contract. A guilty verdict could bring up to five years in prison.

        She has opted to let Visiting Judge George Elliott — who found Mr. Duning not guilty of identical charges in December — decide the case in Warren County Common Pleas Court.

        Trial dates for Mr. Newton and former City Manager James Patrick, both indicted on charges of aiding and abetting Mr. Duning and Mrs. Biggs, will be scheduled after Mrs. Biggs' trial.

        Despite the costs and the first verdict, Lebanon residents and officials agree the trials need to continue.

        “At this point, I think we have to let it run its course,” said Councilman Ben Cole, who has been subpoenaed to testify.

        Penny Haas, owner of the Shoe Factory Antique Mall, agreed.

        “It's just unfortunate that we have to spend that kind of money to find out that somebody was in fact not guilty of anything,” said Ms. Haas, a friend of Mr. Duning's. “But if he had settled, people would always have wondered.

        “Hopefully, all of them will be cleared,” she said.

        Restaurateur Craig Knox, however, is more cynical.

        “It looks like they took advantage of the situation,” Mr. Knox said of the three retirees. “But if there's no chance of getting a conviction, why waste the money?”

        In addition to Mr. Hanley's fees, Visiting Judge George Elliott of Butler County receives up to $450 a day to preside over pretrial meetings and the trials, according to the Ohio Supreme Court, which cuts his checks. Warren County contributes $56 of that.

        The buyouts themselves cost the city $486,000 — $316,000 of which was returned.

       



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