Bellbrook-Sugarcreek Schools superintendent wants state’s case against him dismissed

XENIA — The judge in the case accusing Bellbrook-Sugarcreek Schools Superintendent Douglas Cozad has been asked to consider whether the state should be allowed to prosecute.

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Arguments delivered Monday in Xenia Municipal Court focused on the question whether attorneys for the state auditor’s office, chosen by the city’s law director as special counsel for the school district, have overstepped legal boundaries in the case accusing Cozad of illegally transacting public funds as well as dereliction of duty.

An attorney for the state auditor’s office argued that the agency followed state law when it investigated Cozad’s use of taxpayer dollars to promote and research school levies, News Center 7′s Molly Koweek reported.

Cozad’s attorney, James Fleisher, said in court papers that the investigator “initiated the prosecution by exceeding his authority to act as a peace officer.”

Fleisher argued that the law state auditor’s office attorneys are using to prosecute Cozad are constitutionally vague.

“There is no rhyme or reason to this prosecution,” Cozad’s attorney said in court papers.

State attorneys countered that the case should proceed because Cozad cannot establish, by clear and convincing evidence, that the law being applied to the prosecution of his case is unconstitutional.

Cozad is scheduled to go on trial July 14.