Rep. Kraus found guilty, is removed from office

PORT CLINTON – After two days of deliberations, a jury on Monday found state Rep. Steve Kraus guilty of one fifth-degree felony count of theft from an elderly person.

The verdict means the Sandusky Republican is automatically removed from office.

Jurors found Kraus not guilty on a separate fifth-degree felony charge of breaking and entering. A third-degree felony count of burglary was thrown out Thursday by visiting Judge Dale Crawford, of Franklin County.

Kraus faces up to 12 months in prison when he is sentenced Aug. 21 in Ottawa County Common Pleas Court.

"Of course, I'm extremely disappointed with the verdict," Kraus said. "We're going to meet in the next couple days and contemplate our next moves."

Kraus and defense attorney Troy Murphy said they will continue to consider all available options.

"We're disappointed in the verdict," Murphy said. "Obviously, the case isn't over."

He did not expand on the legal strategy for his client.

Kraus, a licensed auctioneer and real estate agent, was on trial for removing items from a Danbury Township home owned by Helen Stines. He claimed he was given permission to enter the home and was exercising his fiduciary duty when removing the items, including antiques and heirlooms, but Stines' real-estate agent, Jenine Porter, testified that she only granted permission for Kraus to photograph a vintage car in the garage.

Special prosecutor Tim Braun said he was satisfied with the results.

"I'm happy for the victim," Braun said. "The person asking for the case to go forward at every stage was Helen Stines because she felt a sense of outrage over what had happened to her and her family."

After the verdict, Kraus thanked those who had stood by him.

"I want to thank all of my supporters, all the family and friends of both Erie and Ottawa County, all the prayers, all the well wishes, all the people that came every single day and sat by my side," he said. "To each and every one of you, I want to thank you from the bottom of my heart."

He also said it was an honor to serve as a state representative.

State law forbids a person found guilty of a felony from holding “an office of honor, trust, or profit” unless that conviction is reversed, so Kraus, who was elected in November, 2014, was removed from his seat in the Ohio House after the guilty verdict.

Even if Kraus appeals the decision, the 10th District Court of Appeals held in Hughes v. Brownthat a public official convicted of a felony was automatically removed despite an appeal effort.

Speaker of the Ohio House Clifford A. Rosenberger, R-Clarksville, issued a statement after Monday's verdict:

"While we are obviously saddened by today’s verdict, we must respect the jury’s decision, which was based on the evidence presented in the court of law. Under Ohio law, a public official against whom a guilty verdict is found on a felony criminal charge is automatically removed from office by operation of the law. After consulting with the Joint Legislative Ethics Committee and the Ohio Attorney General’s Office, as well as our own legal counsel, the law will take effect immediately to vacate the office. Therefore, the 89th House District seat is now vacant and will remain vacant until an individual is appointed to fill the position. My thoughts are with Steve and his family during this difficult time.”

Democrat Chris Redfern, who lost to Kraus in the 2014 election, tweeted immediately after the verdict: "Good riddance."

Braun, in reviewing the trial, noted that the case started off slowly.

"You start to wonder whether or not people are listening to you, and that's a frustrating place to be," he said of Stines' situation.

Two-day deliberations are not uncommon, Braun said, but they usually occur in cases more complex than this one.

The jury was deadlocked after more than six hours of deliberations on Friday, and when one juror was excused before resuming on Monday, the jury had to start deliberations anew with an alternate juror.

Braun said there had been no formal offer of a plea deal during a closed-door hearing held June 26. Both sides met to discuss jury selection questionnaires, he said, and at the end of the hearing, the judge asked where both sides were on a possible resolution.

Braun said Crawford asked what the state was willing to offer, and he answered that, if Kraus committed to entering pleas to the charges and asked to be placed in a diversion program, he would talk it over with the victim and the detective.

"It was a non-binding discussion," Braun said. "It never went past that."