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Update 8.1.2014

The Journal-News has posted an update to this story that describes a hearing before the Ohio Supreme Court Board of Commissioners on Grievance and Discipline in which a former prosecutor facing allegations of misconduct (see below) delivered his version of events. Read about the hearing here.

Original Post

A former assistant prosecutor from Butler County, OH initially faced felony charges following accusations that he altered grand jury records to approve of charges against defendants that grand juries never heard, as well as disciplinary proceedings for withholding witness statements in an alleged sex crime case. He has since pled guilty to a misdemeanor charge of neglect of duty and the felony charges have been dropped.*

Cincinnati.com reports that Jason Phillabaum is scheduled to appear July 31 and Aug. 1 before the Ohio Supreme Court Board of Commissioners on Grievance and Discipline to face allegations that he suppressed a handwritten statement of the alleged victim in a sexual assault case. The statement suggested the alleged victim was engaged in consensual kissing with the defendant before the crime was said to have occurred. A court of appeal threw out the felony conviction, citing Phillabaum’s misconduct, and the charges were ultimately dismissed.

In addition, Cincinnati.com reports:

Butler County Prosecutor Michael Gmoser fired Phillabaum following a political tussle. Phillabaum and Gmoser were both seeking a GOP appointment to prosecutor, which Gmoser won. Gmoser then sought an independent investigation of Phillabaum for altering grand jury records.

Phillabaum pleaded guilty to a misdemeanor charge of neglect of duty in one of the cases. He initially was charged with two felony counts each of forgery and tampering with records and misdemeanor charges of dereliction of duty, interference with civil rights and using a sham legal process.

Phillabaum is now in private practice.

Read the article in full here.

*A correction was made to this post because it initially stated that Phillabaum was currently facing felony charges. Thank you to the helpful reader who pointed out this error.

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