Jury finds former Delaware County judge guilty of theft

After deliberating DELAWARE — for about eight hours last week, a jury found a long-time attorney and former Delaware County judge guilty of theft.

Michael C. Hoague, 62, closed his eyes as the jurors individually affirmed their finding in Delaware County Common Pleas Court on felony theft and tampering with records charges, stemming from incidents in 2012 and 2013 in which he assisted in a rape case and later was appointed public defender as co-counsel.

The case focused on $5,000 that Hoague received as a public defender and payments he had negotiated with the family of an indigent Ashley man, Timothy Hamon, who faced sexual abuse charges.

In closing arguments, Brad Tammaro, special prosecutor in the case, told the jury that Hoague was deceptive in failing to disclose more than $8,000 Hamon’s family had paid him prior to Hoague being appointed a public defender in the case.

“He withheld information from the court. And he received $5,000 (in public defender funds).”

So-called “double dipping” is illegal and considered a theft of public funds. But Tammaro said equally egregious is falsifying a required disclosure form stating he had not been paid.

Cleveland attorney, Ian Friedman, argued that Hoague received $8,500 from the Hamons for consulting work — not as an appointed attorney — and that Hoague did both jobs separately and legally. Friedman said Hoague signed a “limited engagement” motion in the case, prior to being appointed co-counsel.

“He is the furthest thing from a criminal,” said Friedman. “He did his job. He did it right. And he earned it. And he was clear about it.”

“No one can say to the degree that is necessary ... that Michael intended to deceive.”

Hamon’s family sought out Hoague, because they were unhappy with Thomas Waldeck, Hamon’s public defender. Hoague agreed to do background work on the case until May 2012, when then-Common Pleas Judge Duncan Whitney appointed Hoague co-counsel with Waldeck.

Hamon’s family was to pay Hoague $10,000 — a $4,000 deposit followed by $500-per-month payments — requiring them to sell their home. Hamon, 48, was sentenced to a four-year prison sentence last year.

Several local attorneys, many serving as public defenders, supported Hoague during breaks in the trial.

Hoague was a Municipal Court judge from January 1996 through January 2001.

He has faced other issues, including a six-month ban from practicing law after he was convicted of sending a threatening letter to a Columbus woman in a 1998 roadrage incident he was involved in in Delaware County.

A year later, he dismissed the case of a woman with whom he allegedly had a relationship. She had had four previous DUI convictions and was found guilty of a fifth in a jury trial. Hoague cited several technical problems in the trial.

Both Tammaro, with the Ohio attorney general’s office, and Brogan, were assigned Hoague’s case to avoid conflicts of interest in the county where Hoague does most of his work.