MasonBuzz.com

Marcie Denney. Photo/Warren County Jail

A West Chester woman has pleaded guilty to stealing more than $23,000 from her Mason employer.

Marcie “Allison” Denney, 37, pleaded guilty Friday to one count of theft, a fourth-degree felony, and four fifth-degree felony counts of forgery.   She originally faced one count of theft and nine counts of forgery.

Between August and November last year, Denney forged 25 company checks from her employer, JKrete, a Mason company specializing in traditional and decorative concrete installation, totaling more than $23,000.

Denney cashed company checks and wrote checks out to a friend, Christine Inman.  Inman, 30, of West Chester, has been charged with one count of receiving stolen property and one count of forgery, both fifth-degree felonies.

Company owner Bruce Mills said Denney first started at a temporary worker in January and was hired on in April as an office receptionist.  In that role, she handled incoming checks and outgoing bills.

Suspicions were first raised after Inman allegedly attempted to cash a company check and a cautious Fifth Third Bank teller called him to verify the signature, Mills said.  He froze the account and discovered other forged checks by Denney.  Mason Police arrested her at work the next day.

“She’s a serious con artist,” he said.  “She is very sneaky, conniving and manipulative, and she will do it again and again.”

(more…)

Posted in: Crime, News |

Tags: Tags: allison denney, bruce mills, checks, christine inman, crime, forgery, jkrete, marcie denney, mason, theft, warren county common pleas court, west chester

Judge Neal Bronson (center) talks with John Arnold, Warren County assistant prosecutor (left), and Jay Clark, defense attorney, during the Ryan Widmer murder trial. / Enquirer file photo

Janice Morse reports:

Posted in: News, Warren County, Widmer Trial |

Tags: Tags: judge, neal bronson, retirement, ryan widmer, sam the chimp, sarah widmer, warren county, warren county common pleas court

Paul McKibben reports:

Warren County plans to spend $6.1 million next year to build a new office building near its crowded Common Pleas Courts Building.

The project is part of the county’s general fund budget that commissioners unanimously approved Tuesday.

Overall, the 2013 general fund budget of $64.5 million is 4.5 percent more than this year’s budget.

“I’m pleased with this budget,” Commissioner Pat South said.

“I think we have been able to … maintain operations adequately.”

As part of the budget:

• Non-union employees will receive a 2 percent raise, and there will be no layoffs.

• The county could begin a 10-year lease on a new radio system.

An annual payment will be $800,000 to $1 million.

• Two new positions – a pre-trial sentence writer and a community corrections officer – are funded.

• Coroner Dr. Russell Uptegrove will move to full-time, in part because of the county’s increased population.

The courts building has become so cramped that there are cubicles in a hallway.

The county plans to pay cash for the new building, with the county prosecutor and judges also contributing.

Earlier, commissioners conducted a lengthy discussion with judges, law enforcement and other officials about possibly consolidating one of the two Warren County courts into the Lebanon and Franklin municipal courts.

No decision has been made, and officials want to hire a consultant to study the issue.

In Ohio, county and municipal courts conduct preliminary hearings in felony cases and hear traffic and non-traffic misdemeanors.

They also handle civil cases involving money no more than $15,000.

Warren County Court Judge Donald Oda’s seat will become vacant after he takes office as a Warren County Common Pleas Court judge, replacing retiring Neal Bronson.

That will leave Joseph Kirby as the only Warren County Court judge.

Oda was elected last month to his new position.

Posted in: News, Warren County |

Tags: Tags: commissioners, donald oda, joseph kirby, judge, non-union, radio system, russell uptegrove, union, warren county, warren county common pleas court

Stacy Schuler is led from the courtroom after being sentenced to four years in jail.  The Enquirer/Gary Landers

Former Mason teacher Stacy Schuler will have to wait a few more days to see if a Warren County judge will grant her petition for early release from prison.

A hearing on the motion scheduled for Friday has been pushed back to 11 a.m. Tuesday in Warren County Common Pleas Court.

Schuler, 34, was convicted last October on 16 felony counts of sexual battery and three misdemeanor counts of providing alcohol to minors.  The encounters occurred in 2010 at her Springboro home.

• Schuler convicted of sex crimes
  
• Photos: Stacy Schuler trial

Schuler’s attorney argued she suffered from a host of medical and psychological problems exacerbated by her use of Zoloft and copious amounts of alcohol.

Warren County Common Pleas Judge Robert Peeler said he believes Schuler suffers from mental health and substance abuse issues, but sentenced her to four years, with the possibility of early release after serving only six months.

Schuler’s six months were up April 27, but her attorney, Charlie H. Rittgers, didn’t apply for early release until May 31.

“When somebody requests early release, they have one shot at it.  If the court denies it, the person has to serve out their sentence,” he explained.

Peeler held an in-chambers pre-trial hearing on the petition in July and ordered additional psychological testing before he would consider Schuler’s request for early release.

Rittgers said his client is a model prisoner at the Ohio Reformatory for Women in Marysville.

The former health and physical education teacher leads yoga and general education classes for her fellow prisoners, is undergoing mental health treatment for bipolar disorder and participates in a group for sex offenders.

Schuler and 62 other people wrote letters that Schuler’s attorney filed in support of her motion for judicial release in July.

Mark Krumbein, a Cincinnati attorney who’s been following the case, said that it’s uncommon for a judge to indicate when a person would be eligible for judicial release.

“You usually can’t count on it unless a judge gives you some indication.  It sounds like he at least has an open mind to that,” he said.  “In Stacy Schuler’s case, she’s got a lot of good mitigating circumstances in her life that would be big factors for Judge Peeler.”

However, he said that a similar case out of Warren County, that of Kings Junior High School teacher Lisa Karabinus, might set a precedent on what a judge considers sufficient penalty.

Karabinus, who was convicted in 2000 of having sexual relations with a 13-year-old student and sentenced to four years, was also eligible for release after six months.  She served two years of that sentence.

Warren County Prosecutor David Fornshell said he would continue to fight to keep Schuler locked up.

“To release her after only one year demeans the seriousness of the offenses, and would send a bad message to others who might commit similar offenses,” he said.  “Ms. Schuler was already given a break when she was sentenced to only four years.  The public interest is best served by requiring her to fully serve the sentence that was imposed.”

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Posted in: Crime, News |

Tags: Tags: charlie h. rittgers, convicted, early release, judge robert peeler, judicial release, lisa karabinus, mark krumbein, mason, mason high school, sex, sex crimes, stacy schuler, students, warren county common pleas court

Sheila McLaughlin reports:

A supervisor who stole thousands of dollars from the Warren County Department of Human Services and illegally approved food stamps for acquaintances will spend the next four years in prison.

Rebecca L. Green, who was charged using the surname Butcher, pleaded guilty Thursday to three felony counts of theft in office and two felony charges of tampering with records. In exchange for the plea, 15 charges were dismissed. She faced a maximum 45 years in prison if convicted of all charges.

Judge Robert Peeler, of Warren County Common Pleas Court, sentenced Green immediately and ordered her to pay $146,300 in restitution.

“Without question, the overwhelming majority of public employees are honest, hardworking professionals who are dedicated to performing the services entrusted to them by the public,” said Warren County Prosecutor David Fornshell. “Unfortunately, Ms. Butcher broke that trust, and in the process damaged the reputations of her co-workers, the Department of Human Services, and Warren County government itself.”

The 51-year-old Turtlecreek Township resident was fired from her job last year after 28 years with the county after a state audit revealed discrepancies.

An investigation by the Ohio Attorney General’s Office and United States department of Health and Human Services found that Green stole cash payments made by Medicaid recipients to meet eligibility thresholds, and manipulated recipients’ files to make it appear they were eligible for benefits when they were not. Those individuals received benefits they were not entitled to receive, Fornshell said.

Green was accused of approving $70,694 in Medicaid benefits and $10,135 in food stamps to people who weren’t eligible.

Authorities said she also pocketed $77,045 in payments from clients who were required to pay some money to be eligible for benefits in a process that is otherwise known as spend-down payments.

Posted in: Crime, News, Warren County |

Tags: Tags: david fornshell, food stamps, judge robert peeler, medicaid, prison, rebecca butcher, rebecca green, tampering with records, theft, warren county, warren county common pleas court, warren county department of human services, warren county prosecutor

Voters in Mason will go to the polls today to decide on a number of federal and local candidates while yet others are running unopposed.

Polls opened in Ohio at 6:30 a.m. and close at 7:30 p.m.  To find your polling location, go to www.co.warren.oh.us/bdelec.

Here’s what’s on the ballot for Mason voters:

REPUBLICAN BALLOT

Republican Presidential Primary

The Buckeye State is poised to become a central battleground state in the bigger GOP war for Republican votes.  Ohio’s 66 delegates — – the second-highest number of all 10 states  voting Tuesday — are seen as the most coveted prize of all states voting today.  In recent polls, Ohio Republicans seem divided between the leading GOP candidates Mitt Romney and Rick Santorum, with the two candidates in a statistical dead heat.  Tuesday’s victor in the Buckeye State could help solidify the Republican presidential primary.

• In Ohio, a fight over the Republican soul

Ohio U.S. Senate Republican Primary

State Treasurer Josh Mandel, a GOP favorite, has been raising the equivalent of $1 million a month for his expected showdown with Democrat Sherrod Brown in the race for U.S. Senate — a race that’s expected to be one of the most expensive and most watched Senate campaigns in the country.  But first, he has to battle four other other Republicans to formally grab the GOP nomination: Donna Glisman, Eric LaMont Gregory, Michael Pryce and David Dodt.

• Primer: Ohio U.S. Senate Republican Primary

Judge of the Court of Common Pleas Republican Primary

Carolyn Duvelius, chief magistrate for the county’s juvenile and probate court, and Donald E. Oda II, Warren County Court judge, are on the ballot as Republicans seeking a seat on the county’s Common Pleas bench.  Duvelius says she’s been endorsed by several local officials including Sheriff Larry Sims and Mason City Councilman and former mayor Don Prince.  Republican Warren County Prosecutor David Fornshell has endorsed Oda.  The common pleas court seat is currently held by Republican Neal Bronson, who is retiring. Bronson presided over all three of Ryan Widmer’s murder trials.  The winner faces Libertarian Roger Staton in the Nov. 6 general election.

Member of State Central Committee, (7th District)

• Michael O. Eshleman
• Bob McEwen

Member of State Central Committee, (7th District)

• Maggi Cook
• Rebecca Heimlich
• Jean Raga
• Lori Viars

Warren County Recorder Republican Primary

• Bob Fox
• Linda Oda

DEMOCRATIC BALLOT

Ohio Democratic Representative to Congress (1st District) Primary

• Jeff Sinnard
• Malcolm Kantzler

Justice of the Supreme Court Democratic Primary

• Fanon A. Rucker
• William M. O’Neill

Member of State Central Committee (7th District)

• Keir Holeman
• Peter L. Cassady

VOTER INFORMATION

• Ohio Voter FAQs
• Find your polling location
• Warren County Board of Elections
• Voter ID Info
• Voter Eligibility
• Look up your voting information
• How to use voting equipment
• Ohio Campaign Finance Search
• Create a personalized ballot
• Follow the election on Twitter

Posted in: Election, News |

Tags: Tags: ballot, buckeye state, congress, democrat, election, josh mandel, mason, mitt romney, ohio, primary, republican primary, rick santorum, sherrod brown, state central committee, super tuesday, u.s. senate, warren county, warren county common pleas court, warren county recorder

Janice Morse reports

A state board on Thursday formally accused a Warren County candidate of making “deceptive and misleading” campaign statements in violation of Ohio’s conduct rules for judicial candidates.

Carolyn Duvelius, chief magistrate for the county’s juvenile and probate court, will face a hearing on the accusations – but that can’t be accomplished until sometime after next Tuesday’s primary election, a state official said Thursday.

Duvelius and Donald E. Oda II, Warren County Court judge, are on the ballot as Republicans seeking a seat on the county’s Common Pleas bench.

A hearing panel will be named by Tuesday and a hearing for Duvelius then must be scheduled within five days of that appointment, said Richard A. Dove, secretary for the Supreme Court’s disciplinary arm, the Board of Commissioners on Grievances and Discipline.

If the panel finds that Duvelius did commit violations as alleged, the next step in the process would be recommendations for discipline, Dove said. Any discipline would then have to be approved by the Ohio Supreme Court; possible penalties range from a reprimand to disbarment from the practice of law, he said.

The board’s complaint against Duvelius comes after Oda filed a grievance accusing Duvelius of various false statements. Duvelius filed a lengthy response denying the allegations and offering justifications for her statements. A panel reviewed both sets of documents and found “probable cause” to support the allegations against her, Dove said, leading to the board’s decision to issue a complaint against Duvelius.

Oda said Duvelius exaggerated her qualifications and cast aspersions on him by claiming that he made a career out of “representing criminals and rapists” although he was fulfilling his duties as a general-practice lawyer, documents say.

A website and a Facebook page show Duvelius “in a robe but does not readily identify the court on which she serves or that she is a magistrate,” rather than a judge, the board’s complaint against Duvelius said. Duvelius asserts that captions and other information do accurately describe her position as a magistrate.

Also at issue: a “robocall,” or automated telephone campaign call, describing Duvelius as “the only candidate with full-time judicial experience,” a statement the board alleges is false.

The board’s two-count complaint against Duvelius enumerates eight different statements alleged to be false or misleading, plus the allegedly misleading photographs.

The board says the alleged misrepresentations violate three specific rules in the Ohio Code of Judicial Conduct, which forbid a judicial candidate from:

» Putting out campaign information with reckless disregard as to its truth – or knowingly distributing false or misleading information about himself, herself or an opponent.
» Using a title of an office not currently held by the candidate “in a manner that implies that the judicial candidate does currently hold that office.”
» Misrepresenting the “identity, qualifications, present position or other fact” about himself, herself or an opponent.

Posted in: Government, News |

Tags: Tags: carolyn duvelius, Donald E. Oda II, warren county common pleas, warren county common pleas court, Warren County Court judge, Warren County news

Ryan Widmer professes his innocence in an interview with The Enquier's Janice Morse after his conviction last February in the death of his wife, Sarah. Widmer's attorneys filed a second notice of appeal for a new trial last week. File photo

An attorney for Ryan Widmer has filed a second notice of appeal in the continuing legal battle seeking a fourth trial for the convicted murderer.

Attorney Michele Berry filed an appeal on Wednesday asking the 12th District Court of Appeals to overrule Warren County Common Pleas Judge Neal Bronson’s Jan. 18 ruling on her petition for a new trial.

Widmer, 31, who last lived in Mason, is serving 15 years to life in prison after a jury convicted him of murder last February in the 2008 drowning of his wife, Sarah, 24, in their Hamilton Township bathtub. It was his third trial, following two mistrials.

• Photos: Ryan Widmer speaks with The Enquirer
• Photos: Ryan Widmer convicted of murder
• LIKE MasonBuzz on Facebook for the latest Widmer case updates
  

Widmer already has an appeal of his conviction pending before the 12th District Court, but that brief did not contain issues presented in the motion to Bronson, explained Berry.

“You can’t ask the appellate court to review an issue until the trial court has had a chance to review it first. Now, since we lost the petition with Bronson, we have to appeal that denial as well and present all those new claims to the appellate court,” said Berry.

In those motions, Widmer’s lawyers wanted Bronson to order genetic testing that could show whether Sarah Widmer suffered from a genetic disorder than can disrupt heartbeats.  They argued that such an undetected medical problem may have contributed to her drowning.

Widmer’s lawyers claimed the jury should have heard evidence that emerged after Widmer’s conviction showing that the lead investigator on the case, Lt. Jeff Braley, had likely made false representations about his job history and education on employment documents.

Bronson had refused to allow Widmer’s lawyers to grill Braley on those credibility issues largely because Braley had denied making the false claims. Braley resigned from the Hamilton Township police force in June after an independent investigator told trustees there was reason to consider launching a pre-disciplinary hearing over issues with his honesty.

Widmer’s attorneys also asserted that the jury lost its way and that authorities made crucial mistakes, including improperly seizing the bathtub in which Sarah Widmer had drowned.

“I’m going to request that the appellate court consolidate the two appeals so that when we eventually have an oral argument we can address all the claims at the same time,” said Berry.

Widmer has protested his innocence in post-conviction interviews, but did not testify during his trials.  Berry has vowed to fight all the way to federal court if necessary.

“We have strong claims that warrant a new trial, and we will be relentless in our efforts to get that result,” she said.

Warren County Prosecutor David Fornshell said he had no comment on the second appeal.

Janice Morse contributed to this story

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Related stories:

• Widmer lawyer vows fight after fourth trial denied
• Widmer lawyers: Bathtub seized improperly
• Ryan Widmer: “I’ll never give up”
• Ryan Widmer found guilty of murder

Posted in: News, Widmer Trial |

Tags: Tags: 12th district court of appeals, appeal, attorney, fourth trial, genetic testing, jeff braley, judge neal bronson, lawyer, michele berry, middletown, new trial, ryan widmer, warren county common pleas court

Janice Morse reports:

A Warren County court has denied Ryan Widmer’s attempt to secure a fourth trial, shifting the focus of his continuing legal battle to an appeals court.

Widmer, now 31, was convicted last February of murder in the 2008 drowning of his wife, Sarah, 24, in their Hamilton Township bathtub. It was his third trial, following two mistrials.

• Photos: Ryan Widmer speaks with The Enquirer
• Photos: Ryan Widmer convicted of murder

On Tuesday, the county Common Pleas Court denied Widmer’s motion for a new trial, the county prosecutor’s office said in a news release.

Widmer’s appeal of his conviction is still pending with the Ohio 12th District Court of Appeals in Middletown.

In its ruling Tuesday, the county court also refused to order genetic testing on any usable DNA from Sarah Widmer. Widmer’s lawyers were seeking those tests because they wanted to see whether Sarah Widmer may have suffered from a genetic condition that can cause a heart-rhythm disturbance. They argue that such an undetected medical problem may have contributed to her drowning.

Widmer has protested his innocence in post-conviction interviews, but did not testify during his trials.

Prosecutors have contended there was sufficient evidence to support Widmer’s conviction, and that the evidence included marks on her head and neck areas that were suggestive of force.

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Related stories:

• Widmer lawyers: Bathtub seized improperly
• Widmer judge won’t run for re-election
• Prosecutors agree to give Widmer lawyers more time for appeal
• Ryan Widmer’s lawyer needs more time for appeal
• Ryan Widmer: “I’ll never give up”
• Widmer attorneys file notice of appeal to higher court
• Widmer’s defense lawyers fight for 4th trial
• Widmer jurors speak out amidst defense reports of juror misconduct
• Ryan Widmer found guilty of murder

Posted in: Crime, News, Widmer Trial |

Tags: Tags: appeal, bathtub murder, dateline, denied, dna, motion, ohio 12th district court of appeals, ryan widmer, sarah widmer, warren county common pleas court

Paul McKibben reports:

A judge on Thursday allowed a former Warren County official who was facing felony drug charges to undergo treatment that could eventually clear his record.

Gerald “Jake” Jones, 63, of Clearcreek Township, who had been the county’s director of building services, pleaded guilty to two counts of drug trafficking in Warren County Common Pleas Court. Charlie H. Rittgers, Jones’ attorney, said under “intervention in lieu of conviction,” charges will be dismissed for Jones as long as he does what is required.

Visiting Judge J. Timothy Campbell ordered Jones placed under the supervision of the adult parole authority for three years and ordered him to pay $250 in restitution to the Warren County Drug Task Force. He must submit to regular random testing for drug and alcohol use for three years and may not seek re-employment with Warren County.

Rittgers said “intervention in lieu of conviction” is designed for people who are first-time offenders who have either have mental health issues, a drug addiction problem or are in danger of becoming addicted to drugs that might have led to the offense that they are charged.

Rittgers said he believes Jones will see a therapist monthly because he’s been on prescription drugs for a long time as a result of arthritis and other ailments. Rittgers didn’t know how long the treatment will last.

Jones resigned effective Dec. 2 from this job with the county, where he worked for 29 years. He was placed on paid administrative leave July 11 following his arrest in an undercover drug probe. Rittgers said Jones will get his pension from the county.

He is accused of getting prescriptions for himself for hydrocodone and providing those prescription drugs to a female acquaintance who was not able to get them. He allegedly would obtain prescriptions from different physicians.

A grand jury on July 25 indicted Jones on two counts of drug trafficking. He faced up to 12 months in jail on each offense.

Posted in: Crime, News |

Tags: Tags: charlie h. rittgers, crime, director of building services, drug addiction, drug trafficking, gerald "jake" jones, intervention, judge j. timothy campbell, lebanon, mental health, warren county, warren county common pleas court, warren county drug task force