Former Butler County Auditor Roger Reynolds' felony conviction overturned on appeal
Former Butler County Auditor Roger Reynolds, who was re-elected to his post while under indictment but resigned after his conviction, is no longer a felon after an appellate court’s ruling.
Reynolds had been convicted in December 2022 of unlawful interest in a public contract. The case centered on his attempts to convince Lakota Local Schools to build a golf academy at the golf course community where his family lives, using money that Reynolds, in his capacity as auditor, routinely returned to taxing bodies.
Reynolds’ lawyers argued that the auditor was simply brainstorming ways to use those returned funds. Critics said the move was unethical at best and criminal at worst, particularly because Reynolds’ daughter was a member of a Lakota schools golf team when he made the proposal.
Appellate judges from the 10th District Court of Appeals had been weighing the case since oral arguments in November. Normally the case would have fallen in the 12th District’s jurisdiction, but all five of those judges recused themselves because of Reynolds’ lofty – and longtime – position with the county.
"We are pleased with this outcome," Reynolds' attorney, Chad Ziepfel of the Taft Law Firm, said in a news release Tuesday. He said Reynolds intends to return to public service.
"Mr. Reynolds is also grateful for the patience of the Butler County citizens, and thanks them for withholding judgment while we worked through the legal process necessary to prove his innocence."
Reynolds was appointed county auditor in April 2008 after his predecessor Kay Rogers pleaded guilty to two federal felonies stemming from illegal dealings with Dynus Corp. Per Ohio law, convicted felons aren’t eligible to hold office in the state.
Reynolds was elected to complete the remainder of Rogers’ term that November, then was re-elected to subsequent four-year terms in 2010, 2014 and 2018. His popularity remained strong even as the criminal allegations swirled around him, leading to him again winning reelection in November 2022 despite being under indictment.
The next month, however, brought his conviction, making him ineligible to hold the post. He submitted his resignation and was soon succeeded by Nancy Nix, who remains in the position.
Nix declined to comment for this story. Deputy Auditor Lori Sullivan said that she doesn’t anticipate any changes inside the auditor’s office now that Reynolds’ conviction has been overturned.
The appellate panel said that while Reynolds had conversations with then-Lakota Schools Treasurer Jenni Logan about the indoor golfing facility, the state presented insufficient evidence for a conviction. The panel determined the trial court should have granted the defendant’s request for a criminal rule 29 motion for judgment of acquittal.
The decision also stated that even if Reynolds had tried to use his influence as county auditor to “secure a proposal for a public contract that might have benefitted him,” the effort failed because Logan wasn’t receptive.
According to the decision: “Logan clearly and repeatedly testified she doubted the legality and wisdom of the proposal, and that she sought advice to convince Reynolds of its inadvisability, including advice from the Lakota School District’s attorney."
The decision noted that while Reynolds had "falsely suggested to Logan that he had received a different opinion from his legal adviser at the county prosecutor's office," he abandoned his efforts after a conference call with the school district's attorney.
After that, "it kind of went away," Logan testified during trial.
Reynolds had initially faced more charges. The jury acquitted him of three felonies and one misdemeanor. He'd been sentenced to 30 days in jail, which was stayed pending this appeal.
This article originally appeared on Cincinnati Enquirer: former butler county auditor Roger Reynolds' appeal overturned on appeal
