“(He’s) as well as can be expected,” defense attorney Ralph Kohnen said when asked about Fox’s health. Fox has medical problems and showed up to his initial appearance Oct. 29 in a wheelchair.
Kohnen declined any further comment after entering Fox’s plea of not guilty before Magistrate Judge Timothy Hogan in federal court.
Robert C. Schuler also entered a plea of not guilty.
“He’s presumed innocent, so we’ll just have to work through the case,” said Kevin Conners, Schuler’s attorney.
The case now goes to U.S. Judge Sandra Beckwith with a trial date set for Dec. 22, though the defendants may ask for a time extension to prepare their case.
Beckwith also presided over the trial of Orlando Carter, former owner of the Dynus Corp. fiber optics firm who was found guilty of bank fraud earlier this year for taking out an illicit multi-million dollar loan in the county’s name with help from a county official. Carter is still awaiting sentencing.
The U.S. Attorney’s Office says the same public corruption investigation that led to the Fox indictment netted Carter, along with former Butler County auditor Kay Rogers and two Dynus employees — all three of whom pleaded guilty to bank fraud charges last year.
The U.S. Attorneys Office leveled an eight-count indictment last month against Fox and Schuler, charging them with conspiring to improperly benefit from a $2.75 million fiber optics contract with the county.
Federal authorities say they found that Schuler, owner of the fiber optics firm NORMAP, wired Fox $460,000 while his company profited off a contract with the county.
The indictment alleges they profited from the deal and failed to properly report the income. It also accuses Fox of not properly reporting income he was receiving from other companies doing business with the county, and accuses Schuler of lying to a grand jury.
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