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Attorney Denies Violation

June 12, 2012

ST. MARYS — The attorney for Douglas Wine said he believes his client did not violate his appeal bond by traveling to Kentucky in May.

On June 4, Auglaize County Prosecuting Attorney Ed Pierce filed a motion with the Third District Court of Appeals in Lima to have Wine’s bond revoked because he left the state of Ohio — an alleged violation of his bond. In his response filed today, Wine’s attorney Lorin Zaner wrote he did not believe Wine violated his bond because of what his previous attorney had told him, as well as the conditions of his bond during his initial court case.

“Defendant/Appellant has shown up for all of his court appearances, including the recent arguments before this honorable court,” Zaner wrote. “He has reported regularly to the sheriff’s department as ordered and to his counsel.”

Zaner included four exhibits in his filing, including an affidavit from Wine regarding his understanding of his bond. Zaner also included an affidavit from Wine’s previous attorney — Ritchey Hollenbaugh —  in his response.

Wine is currently out on a $150,000 appeal bond while his case is being considered by the appeals court in Lima. Wine was convicted last year of gross sexual imposition following a jury trial. Jurors found Wine not guilty of rape and sexual battery. He was sentenced to 15 months in prison on the fourth-degree felony charge. He faced a maximum of 18 months in prison.

In February, judges from the Third District Court of Appeals stayed Wine’s sentence pending his appeal. Attorneys from both sides appeared in Lima for oral arguments last month.

“Four exhibits are attached to his affidavit in support of his position he did not intentionally violate conditions of his bond,” Zaner wrote.

“Wherefore, defendant/appellant requests that this honorable court not revoke his bond and deny the state of Ohio’s motion. If in fact this honorable court believes that he did violate his bond conditions by traveling out of the state of Ohio without permission, defendant/appellant asks that this honorable court modify his bond, but not revoke his bond.”

In his affidavit, Wine admitted to being at Lake Cumberland’s Jamestown Resort and Marina — where he has a houseboat — on May 10, 11 and 19. However, he noted he believed this was not a violation of his bond because of what his previous attorney told him.

“I was under the belief that based on the attached exhibits that I was allowed to be in Kentucky, provided that I signed a log at the Auglaize County Sheriff’s Office upon my departure from and my return to the state of Ohio,” Wine said in his affidavit.

“My prior counsel, H. Ritchey Hollenbaugh, advised me that provided I keep my bond order on my person, signed in and out with the sheriff’s office in Ohio, and kept in touch with my counsel, I was complying with the conditions of my bond ... If I was not supposed to be out of the state of Ohio, I sincerely apologize and did not intend to violate conditions of my bond. I will ensure that I will comply with all conditions of bonds and any modifications that the court makes.”

Zaner also included a copy of a motion signed by Auglaize County Common Pleas Judge Frederick Pepple on June 10, 2011, that authorized Wine to leave the state provided he followed the above requirements. Wine’s wife also signed an affidavit included in the filing that indicated she agreed with her husband’s statements in his affidavit.

A hearing date on the alleged violation has yet to be scheduled.


 

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