FOX19 Investigates: Hunter's lawyer claims vindictiveness - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

FOX19 Investigates: Tracie Hunter's lawyer claims vindictive prosecution

Hamilton County Juvenile Court Judge Tracie Hunter. File photo Hamilton County Juvenile Court Judge Tracie Hunter. File photo
(FOX19) -

Indicted Hamilton County Juvenile Court Judge Tracie Hunter appeared at a hearing Thursday. It was the first time she's appeared in court since her January arraignment.

Earlier this week, Hunter's attorney Clyde Bennett II filed a motion to dismiss the charges she faces in Hamilton County Common Pleas Court. Bennett wrote the indictment should be thrown out for abuse of prosecutorial discretion, prosecutorial vindictiveness, selective prosecution and an un-remediable conflict of interest.

A judge said he would hear arguments on the motion at a June 25 hearing.

Previously, Bennett had also argued for a change of venue saying Hunter could not get a fair trial in Hamilton County because of pre-trial publicity. Judge Norbert Nadel ruled Thursday that he wanted to try and seat a jury in Hamilton County before determining if a change of venue is necessary.

A Hamilton County grand jury has indicted Hunter on two counts of tampering with evidence, two counts of forgery, two counts of having an unlawful interest in a public contract, two counts of theft in office and one count of misuse of credit cards. She has pleaded not guilty.

Bennett said the prosecutor's office has taken an adverse position against Hunter since she was elected. He said immediately after her election and for the next two years, the prosecutor's office litigated the repeated and continued appeals in federal courts about a lawsuit filed concerning the election.

Bennett said after Hunter took office, she was required to file complaints with the Ohio Supreme Court against assistant Hamilton County prosecutors regarding among other things the prosecutors making false statements against her with the intent to defame and/or cause chaos, "judge-shopping" adverse rulings, ex parte communications and disruptive patterns of conduct.

"In general the Hamilton County Prosecutor's Office has been adversarial and antagonistic toward Judge Hunter ultimately producing a vindictive, selective prosecution tainted with an un-remediable conflict of interest," Bennett said in the motion.

Two special prosecutors are handling the case. Her trial date was set for September.

Related content:

Indicted SW Ohio judge scheduled for court hearing

Tracie Hunter's trial scheduled for Sept. 8

FOX19 Investigates: Tracie Hunter seeks to move trial

Court: Tracie Hunter's ruling unreasonable

Judge Tracie Hunter's hearing to set trial delayed

Tracie Hunter makes statement with MLK march

FOX19 Investigates: Tracie Hunter pleads not guilty to 9 felony charges

FOX19 Investigates: Tracie Hunter booked at Hamilton Co. jail

FOX19 Investigates: Tracie Hunter indicted again

FOX19 Investigates: Hunter sends goodbye email

Judge appointed to hear Tracie Hunter's cases

Supporters gather for Tracie Hunter, collect funds for defense

FOX19 Investigates: Grand jury indicts Judge Tracie Hunter

Supporters of embattled Juvenile Court Judge hold town hall

Former public defender claims the deck is stacked against juvenile defendants

Judge Tracie Hunter passes out in court

Controversy growing over Judge Tracie Hunter's case backlog

Judge ruled in contempt for barring newspaper

2010 Hamilton County Juvenile Court Judge mandatory recount held

Hunter wins vote count, a year and a half after the election

Hamilton County BOE splits vote on juvenile court judge

Federal court to rule on Juvenile Court election

Primary Election Results

Copyright 2014 WXIX. All rights reserved.

Powered by Frankly