LEBANON — The former city auditor's acquittal this week is likely to end the criminal side of Lebanon's 2-year-old scandal over early retirement buyouts.

        Debbie Biggs was the second official to be found not guilty of felony theft in office and other charges for taking a buyout in late 1999. Retired City Attorney Bill Duning likewise was acquitted in his December trial.

        Mrs. Biggs and Mr. Duning received $316,000 worth of early retirement buyouts through a program meant to allow electric department employees to retire early. City Council members said in January 2000 that they did not knowingly approve the spending.

        The situation quickly spawned an Ohio Ethics Commission investigation that led to the appointment of Special Prosecutor Patrick Hanley in early 2001, which in turn led to indictments in July. In addition to Mrs. Biggs and Mr. Duning, two others were indicted on charges of aiding and abetting them.

        Technically, the other two defendants could still be prosecuted in spite of Mrs. Biggs' and Mr. Duning's acquittals, according to Jack Chin, a University of Cincinnati law professor.

        “In theory, it's perfectly possible,” Mr. Chin said. “On the other hand, prosecutors lead with the strong cases. (If they lose those) they're going to think long and hard if their second-best cases are worth pursuing.”

        A decision is expected Monday, when the prosecutor, defense attorneys and Judge George Elliott are scheduled to have a telephone conference.

        Immediately after the Biggs verdict Thursday, attorney John Smith began clamoring for charges to be dropped against former City Manager James Patrick.

        “I think that Mr. Hanley will do the right thing, and he will dismiss it,” Mr. Smith said.

        His client was forced out of office two months ago with a $107,000 severance package. Mr. Patrick, 50, has three children and another on the way, Mr. Smith said, and needs to be able to earn a living.

        “It's kind of hard for anybody to find a job when you're under indictment,” Mr. Smith said. “He's got to move on.”

        The attorney for the other remaining defendant, retired Electric Department Director Bob Newton, had no comment.

        Former City Councilman Mark Flick, too, expects the cases to be dropped, but Councilman James Reinhard is less than pleased about the possibility.

        “Both Duning and Biggs were just pointing the finger, and they were mainly pointing the finger at the former city manager,” Mr. Reinhard said. “... In a way, I think it's only fair to the citizens of Lebanon that (prosecutors) finish what they started.”

        But Judge Elliott suggested in his Biggs verdict that it was council members themselves who sank the state's case.

        “The conflicting testimony fails to prove beyond a reasonable doubt that council did not know,” the judge said.

        “I think there are council members who knew about it and they didn't tell us, so that makes them as guilty as the rest of them,” he said.

        Mr. Flick, who set the legal chain of events in motion by raising questions about the buyouts in January 2000, said Friday he never expected it to result in criminal charges.

        “My intention was, "Is it a legal buyout? If it is, fine, and if it isn't, get the money back,'” he said. “... I have empathy and compassion for those people. I'm sorry I was part of it, but I had no choice.”

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