In a letter to the Ohio Attorney General’s Office, Allen said she appears before Abruzzo routinely, including a currently pending case which “presents an case of obvious conflict of interest.” She requested that a special prosecutor be assigned.
Eaton Municipal Court representatives also said Henry has contacted the Ohio Supreme Court to request an outside judge be assigned to hear the case. Henry and Abruzzo are two of only three judges in Preble County.
Abruzzo, 61, the only common pleas judge in the county assigned to hear adult cases, was elected to his first six-year term in 1988. He lives outside of Eaton.
Lt. Douglas Eck of the Dayton post of the Ohio Highway Patrol said Abruzzo was stopped by a trooper at about 11:40 p.m. after he allegedly failed to yield to the cruiser of a trooper responding to an accident.
“At that stop there was some evidence of driving under the influence,” Eck said.
Abruzzo was taken to the Eaton Police Department, where he refused to take a breath test. Eck said Abruzzo was cited for operating a vehicle while impaired, and failure to yield to a public safety vehicle. He was then released to a sober driver.
According to Abruzzo’s office personnel, he was at work Monday and plans to stay on the bench through the outcome of the case.
The judge said through Amy Howard, the court’s assignment commissioner, “While I understand and appreciate the interest of the media, I do not believe that it is appropriate at this time for me to comment about the charges that are currently pending, and I therefore simply respectfully indicate that I have no comment.”
His defense attorney, K. Brent Copeland, could not be reached Monday for comment.
Contact this reporter at (513) 820-2168 or lpack@coxohio.com.
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