“Foley’s sentence included prohibitions against alcohol and drug use and retaliation against employees,” says a Dec. 8 press release from Ohio Auditor of State Keith Faber.
Foley attended a Christmas party hosted by the Montgomery County Republican Party on Thursday at a Vandalia VFW post where he allegedly was openly drinking.
Ohio Treasurer Robert Sprague, a candidate for Ohio secretary of state, posted photos from the party on Facebook. One photo shows Foley holding a brown glass bottle as he talks with partygoers.
Credit: contributed
Credit: contributed
Officials with the Ohio Auditor of State’s Office say they received a complaint about Foley drinking alcohol at a local party, and are asking a Montgomery County probation officer to review it.
The Dayton Daily News contacted a spokesperson for Foley, who issued a statement that did not deny Foley was drinking alcohol.
“It’s my understanding that after completing the judge’s terms and meeting with his probation officer that Mr. Foley successfully met all conditions of his probation,” according to a statement from Foley’s office.
As of Friday afternoon, no court filings reflecting any request to terminate his probation appeared on Foley’s public court docket. Officials from his office said they believe that a request was pending.
“It was Mr. Foley’s understanding that it was submitted to Judge Hein for termination,” Clerk of Courts Chief Administrator Steve Harsman said.
Probation services did not return calls from a Dayton Daily News reporter.
Visiting Judge Jonathan Hein this month convicted Foley on misdemeanor counts, placing Foley on 24 months of community supervision and suspending a 180-day jail sentence.
Foley was also required to complete 40 hours of community service and ethics training as a part of his sentencing. Foley’s community control sanction comes with several conditions: abstinence from alcohol is one of them, according to court records filed after his sentencing.
“If he is in violation of his community control conditions, he needs to be held accountable, 100%,” said state Rep. Phil Plummer, R-Butler Twp. and Montgomery County Republican Party chairman.
A spokesperson for Sprague declined to comment on Foley’s probation.
Foley was originally charged with felony counts of theft in office, unlawful use of a computer, unlawful interest in a public contract and aiding the abetting in the unlawful interest in a public contract. Those charges were dismissed with his guilty plea for misdemeanor charges of soliciting political contributions from public employees.
He was indicted alongside ex-Montgomery County Municipal Court Judge James Piergies. Piergies pleaded guilty to misdemeanor counts as a part of a separate plea deal with the state earlier this year that forced Piergies to step down from the bench. State investigators said his charges were linked to the employment of his son.
Piergies was also given two years of community control sanctions. His sanctions were terminated in June this year after he met the requirements for his probation.
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