Bucio case ruling 2nd District Court of Appeals By Nancy Bowman DDN TROY, Oh. --- (January 23, 2015) Ohio’s 2nd District Court of Appeals Friday dismissed or denied several requests by lawyers for the Roberts, Kelly & Bucio law firm in a dispute with Miami County Prosecutor Tony Kendell over files seized from the firm in September. The appeals court judges gave lawyers for the law firm and attorney Christopher Bucio 14 days to show why their appeal should not be dismissed entirely. “We believed that we were on solid ground from the very beginning. The court did the right thing,” Kendell said of Friday’s decision. Attorney Ian Friedman of Cleveland, representing Bucio and the firm, said Friday he was out of town and not able to comment immediately. The appeal involved Miami County Judge Christopher Gee’s October ruling denying a Bucio/law firm requested order against Kendell reviewing files seized Sept. 9 in a search of the firms’ offices in Troy, Sidney and Tipp City. Bucios lawyers argued that a restraining order was needed to protect information in files involving attorney client and work product privileges. Bucio asked for the opportunity to review seized materials and file objections that would then be ruled on by the judge before prosecutors could review the material. The court was asked to issue an order prohibiting review of file information until a reasonable and fair procedure for determining what can and cannot be reviewed is implemented. The file of Bucio client Patrick McGail of Troy was seized from the law office in Tipp City after police were told that Bucio allegedly instructed McGail to lie on the witness stand during his August murder trial in Miami County. The allegation was made by a former Bucio associate accused of stealing from the firm. That person has not yet been charged. The appeals court Friday also continued for another 30 days a temporary order issued in December against Kendell reviewing the files. In the meantime, special masters appointed by Kendell are reviewing files for information relevant to the investigation into the claim against Bucio. A request by the law firm/Bucio for an order against the special masters’ review was dismissed.
Posted on: Sat, 24 Jan 2015 01:10:16 +0000
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