Kraus appealing felony theft conviction

PORT CLINTON – Former Rep. Steve Kraus, R-Sandusky, has begun the appeals process after his conviction of fifth-degree felony theft in July.

Kraus’ attorney, Geoffrey Oglesby, filed the notice of appeal in Ottawa County Common Pleas Court and requested Kraus’ sentence be stayed while the appeal is pending. They hope to hear a ruling on the stay within a couple days.

Oglesby said one of the most concerning issues with the case involves the elderly age of the victim, which increased the theft charge to a felony, and whether Kraus “knowingly” committed that crime.

“That is somewhat problematic because, generally, people are put on notice, ‘You don’t do X, Y, and Z,’ ” Oglesby said. “You have to know the person’s elderly.”

Visiting Judge Dale Crawford of Franklin County sentenced Kraus to two years of community control because he didn’t have any prior criminal history. However, if Kraus violated any terms of the control, he would serve six months in prison. He also was fined $2,500.

Just before sentencing, Crawford also ruled against two motions by Kraus’ defense asking for a new trial and an acquittal of the felony aspect to the theft charge.

Those two rulings are among the six probable issues for review listed in the notice of appeal. The others include insufficient evidence, improper jury instructions, improper appointment of judge and prosecution, and “whether or not failure of taking oaths by appointeds voids trial.”

Oglesby said there are a “host of other errors” as well, but it is how the jury was instructed regarding that aspect to the charge that could get the conviction overturned.

Kraus still maintains his innocence and has long held that the charges against him are politically motivated.

He says that he was given permission to enter a home in Danbury Township owned by Helen Stines and that he was exercising his fiduciary duty by removing the items in question, including antiques and heirlooms. That contradicts the testimony of Stines’ real-estate agent, Jenine Porter, who said she only granted Kraus permission to photograph a vintage car in the garage.

Ottawa County Common Pleas Judge Bruce Winters and County Prosecutor Mark Mulligan both recused themselves from the case last year. Crawford was assigned to oversee the case, and Tim Braun was appointed special prosecutor.

Oglesby said there will be more motions to come in addition to the appeal.

“We feel there should not have been an appointment of a replacement,” he said. “The people elected Steve. You’re going beyond the will of the people.”

jstinchcom@gannett.com

419-734-7504

Twitter: @JonDBN