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HAMILTON — What do piloting an airplane, star gazing, beekeeping, duck hunting and prosecuting criminals all have in common?
Michael T. Gmoser.
Butler County’s newly appointed prosecutor has many interests and passions outside the courtroom. Gmoser, 65, keeps himself busy at an age when many of his contemporaries are slowing down or retiring.
“I’ve always been that way,” Gmoser said, flashing the smile that has won over numerous juries and clients.
Gmoser (pronounced Mow-zer) was appointed interim prosecutor by the Butler County Commission on Feb. 1, replacing Robin Piper who is now a 12th District Court of Appeals judge. A week later, he was selected by the Republican Central Committee to permanently fill the remaining two years of Piper’s term.
When it was announced that Gmoser, who lives in Walden Pond in Fairfield Twp., had bested his three opponents, a loud cheer came from the crowd gathered at Tori’s Station in Fairfield. The loudest roar was from a group of prosecutor’s office employees.
“That was very gratifying,” Gmoser said, noting he’s been warmly welcomed by the staff.
He promised to hit the ground running, and he has. On Wednesday, he was in court watching opening and closing arguments in a domestic violence case. He also hired one of his losing opponents, Lance Salyers, and fired another, former assistant prosecutor Jason Phillabaum.
On Thursday, he was back in court where he accused Phillabaum of prosecutorial misconduct for allegedly altering a grand jury indictment. Gmoser alleges Phillabaum ordered a stenographer to alter an indictment to include gun specifications that were not presented to — or voted on by — a grand jury.
Gmoser wouldn’t comment about the Phillabaum case because hearings are pending. He alleges Phillabaum ordered a stenographer to alter a December indictment to include gun specifications that were not presented to the grand jury.
Gmoser said he’s looking forward to bringing his experience as a defense attorney and high-profile prosecutor in the 1970s and 80s back to the office.
“I will have a more active role in cases because that is something I enjoy,” Gmoser said, “I have a well-rounded approach to criminal law because I have been on both sides. But I am not defense minded now. My clients are now the citizens of Butler County.”
Gmoser, a native of Hinsdale, Ill., came to Butler County to attend Miami University where he earned a degree in 1968. He then attended Salmon P. Chase College of Law, graduating in 1973.
While still in law school, Gmoser was hired as a law clerk by Butler County Common Pleas Judge Fred Cramer.
In 1975, Gmoser began his first career in the prosecutors office where he tried several high-profiled cases along side longtime county prosecutor John Holcomb. Among the people he helped convict was James Ruppert, who killed eleven members of his family in Hamilton’s Lindenwald neighborhood.
Gmoser met his wife, Olga while working as a law clerk and she was a court reporter.
“It was a court house romance,” Gmoser said. Olga later became a lawyer and they practiced together after he left the prosecutor’s office in 1982 and went to work as a defense attorney. The Gmosers have one son, Jason, who is a computer programer.
Gmoser, the son of an airline captain, has been flying since the age of 15 and tries to exercise his plane at least every two weeks.
He also tends bees, bottling and gifting the nectar with the label. “Legally made by bees, bottled by an attorney.”
Gmoser said he will run in 2012 for a full term as prosecutor and plans to retire from the office, “hopefully alive,” he laughed.
“You know what they say about attorneys ‘we don’t get old we only loose our appeal’,” Gmoser said.
Contact this reporter at (513) 820-2168 or lpack@coxohio.com.
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