County auditor’s case set for trial Monday

DAVE MOSIER/independent editor

Barring a last-minute plea bargain settlement, Van Wert County Auditor Phil Baxter will get his day in court, starting Monday, in Van Wert County Common Pleas Court.

Baxter, who was elected county auditor in November 2018, has been charged with one count each of breaking and entering and unauthorized use of property, computer, cable, or telecommunication property, each a felony of the fifth degree, and one count of intimidation, a misdemeanor of the first degree. 

The first two charges stem from the alleged unauthorized entry of Baxter to the County Treasurer’s Office on or about May 30, 2019. He was allegedly accompanied by Deputy Auditors Julienne Rolsten and Juliann Zinn, who were also indicted on criminal charges.

The breaking and entering charge states that Baxter: “did by force, stealth, or deception trespass in an unoccupied structure with the purpose to commit therein any theft offense”.

The third count states that, from August 1 to September 30, 2019, Baxter “did knowingly attempt to hinder or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal charges”.

A jury trial will start Monday in Common Pleas Court on the above charges. Hearing the case will be retired Greene County Common Pleas Judge Timothy Campbell, who is hearing the case on assignment from the Ohio Supreme Court.

Henry County Prosecutor Gwen Howe-Gebers is acting as special prosecutor in the case, and will represent the state at the trial. Findlay attorney Drew Wortman will represent Baxter.

Rolsten has already pleaded guilty to a charge of criminal trespass, a misdemeanor of the fourth degree. Judge Campbell fined her $250 and she agreed to resign from the County Auditor’s Office and to never be re-employed by Van Wert County in any capacity.

Zinn, who was also charged with breaking and entering, had the count dismissed earlier this month.

The three-day jury trial, will begin at 8 a.m. Monday with questioning of prospective jurors to determine their fitness to serve – a process entitled voir dire. When a jury is seated in the case, the prosecution and defense will give their opening statements, followed by presentation of the prosecution’s and defense’s cases.

Attorneys will then make closing arguments, the judge will instruct the jury, and it will begin its deliberations.