MIAMI COUNTY — Attorneys on behalf of local attorney Christopher Bucio filed a notice to dismiss the civil suit against Miami County Prosecutor Tony Kendell on Wednesday in relation to a search conducted at three of Bucio’s law offices last year.
Bucio and Kendell had a scheduled hearing on Thursday in Miami County Common Pleas Court. The permanent injuction hearing was to decide if a special prosecutor would be appointed for Bucio’s pending cases due to the conflict of interest relating to the civil suit.
Prosecutor Kendell declined to comment on Thursday. Messages left for Bucio were not returned as of press time.
Bucio filed the civil suit against Kendell relating to the search warrant served at all three of Bucio’s law firms on Sept. 9, 2014. Troy Police Department conducted the search after a former partner of Bucio’s, Joshua Albright, was being investigated for alleged theft from Bucio’s law firm. During the investigation, Albright claimed there were scripts regarding Bucio’s former client, Patrick McGail, to lie on the witness stand about his role in the murder of Nathan Wintrow in October 2013.
Also filed on Wednesday was a request for an agreement to appoint an independent judge to review the seized documents from the search warrant. Special master lawyers also have been requested to review the case and determine if the documents can be released to the county prosecutor’s office. In the review, the agreement includes a seven-day deadline to appoint the special masters and independent judge to review the materials seized in the search warrant. If the parties fail to agree on the appointments, the Ohio State Supreme Court is requested to appoint a judge for the review.
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