By Janice Morse
The Cincinnati Enquirer

NEW VIENNA - With one police officer facing trial on a murder charge this week, this tiny Clinton County town has again been rocked, this time by indictments against the mayor, two more officers and an ex-officer for obstructing official business.

David Michael Mueller, a suspended police officer, is accused of murder and evidence tampering in the death a year ago of Robert Cundiff, 32. He has pleaded not guilty. His trial is set for Friday in Clinton County Common Pleas Court.

Also, on Tuesday, Diane M. Menasche of Columbus, who is to represent Mueller at trial, was charged with obstructing justice, a third-degree felony, in Clinton County Municipal Court. She did not respond to attempts to reach her for comment.Menasche's case has not been acted upon by a grand jury.

However, a grand jury Friday indicted Mayor Timothy W. Bentz, Sgt. Jami Powell, Capt. Terry Hardesty and Virgil Lanham, a patrolman at the time of the investigation into Cundiff's death.

It's upsetting news in this rural community of about 1,000 people, 50 miles northeast of Cincinnati.

"It's a disgrace," said Bill Fetters, a shopper at Streber's Market. "I felt all along that there was some sort of cover-up."

Lanham, who resigned from the force, pleaded guilty Monday to obstruction of official business, a second-degree misdemeanor. In exchange, a felony charge of evidence tampering was dismissed. Common Pleas Judge John W. Rudduck suspended a 90-day jail term, ordered a year's probation and surrender of Lanham's peace officer's certificate.

Authorities said the other three people indicted have been cooperative. Bentz and Hardesty each were indicted on two felonies: evidence tampering and obstructing justice. Powell was indicted on a felony charge of evidence tampering and a misdemeanor charge of obstructing official business.

Powell, one of two full-time officers in the department, declined to comment.

On Feb. 4, 2002, Officer Mueller had responded to a domestic violence call at Cundiff's residence on Rice Street. Mueller is accused of shooting Cundiff in the face.

E-mail jmorse@enquirer.com