The trial for a former municipal judge accused of “double dipping” while he served as a defense attorney in 2012 continued Wednesday in Delaware County Common Pleas Court with testimony from the family that hired him.
Judge James A. Brogan, the judge presiding over the trial for Michael C. Hoague, said he was confident that the trial would conclude Thursday afternoon or Friday.
Hoague is charged with two counts of tampering with evidence, third-degree felonies, and two counts of theft, fifth-degree felonies.
Assistant Ohio Attorney General Brad L. Tammaro told the jury that in 2012 a man named Timothy Hamon was charged with gross sexual imposition in Delaware County Common Pleas Court and said that Hamon’s family went to Hoague to try and retain his services to defend Hamon.
Tammaro said Hamon was already represented by public defender Thomas Waldeck and said Hoague agreed to consult on the case and assist Waldeck. For his services, the Hamons agreed to pay Hoague $10,000 with a down payment of $4,000.
Tammaro said Hoague was later appointed as co-counsel on the case.
Tammaro said that at the conclusion of the case, Hoague filed paperwork with the Ohio Public Defender’s Office, asking to be paid for the work on the case without disclosing that he had already been paid by Hamon’s family and was therefore “double dipping.”
Hoague’s attorneys, Ian N. Friendman and Mark R. Devan, have argued that the payments for Hoague’s previous work on Hamon’s case and the payments from the public defenders office are separate time periods and say no “double dipping” occurred.
During testimony Wednesday, Burton Hamon, Timothy’s father, testified that he believed the family was paying Hoague to represent their son in court, not to “consult” on the case.
“I sent him checks for eight months and never heard that word [consultant],” Burton Hamon said. “I would never pay someone $10,000 to do paperwork.”
Under cross-examination by Friendman, Burton Hamon said he didn’t have any idea how much work Hoague had done on the case prior to being appointed as a public defender.
Timothy Hamon also took the stand Wednesday and testified that he believed Hoague was representing him, not just consulting on his case.
The tampering charges deal with Hoague filing the paperwork and the theft charges are for the money Hoague allegedly received from Hamon’s family.
Hoague was a municipal court judge in Delaware from January 1996 to December 2001. He did not seek re-election when his term expired.
Contact Glenn Battishill at 740-413-0903 or on Twitter @BattishillDG.