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Fox trial likely delayed until June

file photo Michael Fox

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By Josh Sweigart, Staff Writer Updated 6:57 PM Monday, November 23, 2009

CINCINNATI — Longtime Butler County politician Michael Fox’s trial on charges federal authorities are calling “public corruption” may be pushed back to June 14.

Fox’s defense team filed a request for the extension Thursday, Nov. 19, arguing “the case is factually complex and involves novel and unusual questions of law.”

“Among other things (a federal statute) under which the defendants are charged currently is the subject of three separate challenges before the United States Supreme Court,” the filing states. “The trial of these cases could be affected by the outcome of those cases.”

The decision to reschedule the trial from Dec. 22 is before U.S. District Judge Sandra Beckwith. The request is unopposed by prosecutors, according to court records.

Fox — former state lawmaker, county commissioner and Children Services director — and co-defendant Robert C. Schuler have pleaded not guilty to an eight-count indictment leveled last month.

They are charged with conspiring to improperly benefit from a $2.75 million fiber optics contract with the county.

Federal authorities say they found that Schuler, a Columbus-area attorney and owner of the fiber optics firm NORMAP, wired Fox $460,000 while his company profited off a contract with the county.

The indictment alleges they profited from the deal and failed to properly report the income. It also accuses Fox of not properly reporting income he was receiving from other companies doing business with the county, and accuses Schuler of lying to a grand jury.

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