Bert 8

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Lawyer charged in alleged cover-up
Prosecutor: Menashe conspired to destroy evidence in New Vienna police shooting
by Gary Huffenberger
Wilmington News Journal

In this file photo, Clinton County Sheriff’s Department Det. John Chapman is shown sifting through shredded evidence seized during a Feb. 7, 2002 search of the New Vienna Police Department.

February 25, 2003 - The attorney for a New Vienna police officer accused of murder and tampering with evidence was herself charged Tuesday with two felonies that allege she tampered with evidence and obstructed justice during the investigation of the case.

Twenty-nine-year-old Diane M. Menashe, a Columbus attorney, was charged one day after a former New Vienna police officer admitted in court he shredded a fax by murder suspect David Mueller about the shooting death of a village resident.

The charges against Menashe mean a total of six people have been charged with being involved in an alleged cover-up of what prosecutors say was murder. The six include Mueller, three former or current police officers, the mayor of New Vienna, and Mueller’s lawyer. New Vienna Mayor Tim Bentz and the three police officers [Terry Hardesty, Jamie Powell and Virgil Lanham] were indicted Friday.

Of the latest charges, Assistant Clinton County Prosecutor Rick Moyer said Mueller told members of the New Vienna Police Department that his attorney "was instructing him to shred documents. They had documents shredded."

Moyer added, "An attorney cannot advise their client to destroy or tamper with evidence. Period."

The charges against Menashe appear to make Mueller’s trial, scheduled to begin Friday, doubtful. Moyer said he believes in the wake of the charges against Menashe, there now is a "clear conflict of interest" for Menashe to represent Mueller.

Moyer said Tuesday, "We are going to be filing paperwork with the court tomorrow because I believe that his defense attorney becomes a co-conspirator with him, and the rest of the officers and the mayor who were indicted Friday as to having those documents shredded."

In affidavits against Menashe filed Tuesday in Clinton County Municipal Court, prosecutors allege that about 2:42 p.m. Feb. 6, 2002 Mueller instructed then-officer Virgil Lanham to shred a fax sent to the village police department 6:19 a.m. that day. That fax, say prosecutors, was prepared by Mueller and pertained to the shooting two days earlier.

"David Mueller told Virgil Lanham that the statement was a rough draft, that his attorney said they would sit down and do one together, and that they did not want that statement given to the Clinton County Sheriff’s Office," reads the affidavits.

Lanham admitted in court Monday, when he entered a guilty plea to obstruction of official business, that he did shred the statement on Feb. 6, 2002.

The affidavits further claim that on Feb. 7, 2002, "Mueller via telephone told Patrolman Tiffany Little that the statement was to be shredded because his attorney did not like the wording in the statement."

Moyer said there is evidence Menashe spoke with Mueller on Feb. 6.

Menashe did not return calls from the News Journal Tuesday night.

Moyer alleges that Mueller, in addition to having "more than one statement shredded at the village police department by law enforcement officers," also altered evidence at the scene of the shooting. In that regard, Moyer spoke of "some physical evidence that was not in the correct place at the scene that we believe was placed at the scene."

Mueller was responding to a domestic call when he shot 32-year-old Robert Cundiff at a Rice Drive residence in the village. According to 9-1-1 calls made by Cundiff’s wife Bobbie minutes before the shooting, Cundiff had been trying to set his house on fire.

New Vienna scandal spreads
Mayor, 2 police officers and ex-officer indicted

By Janice Morse
The Cincinnati Enquirer

NEW VIENNA - With one police officer facing trial on a murder charge this week, this tiny Clinton County town has again been rocked, this time by indictments against the mayor, two more officers and an ex-officer for obstructing official business.

David Michael Mueller, a suspended police officer, is accused of murder and evidence tampering in the death a year ago of Robert Cundiff, 32. He has pleaded not guilty. His trial is set for Friday in Clinton County Common Pleas Court.

Also, on Tuesday, Diane M. Menasche of Columbus, who is to represent Mueller at trial, was charged with obstructing justice, a third-degree felony, in Clinton County Municipal Court. She did not respond to attempts to reach her for comment.Menasche's case has not been acted upon by a grand jury.

However, a grand jury Friday indicted Mayor Timothy W. Bentz, Sgt. Jami Powell, Capt. Terry Hardesty and Virgil Lanham, a patrolman at the time of the investigation into Cundiff's death.

It's upsetting news in this rural community of about 1,000 people, 50 miles northeast of Cincinnati.

"It's a disgrace," said Bill Fetters, a shopper at Streber's Market. "I felt all along that there was some sort of cover-up."

Lanham, who resigned from the force, pleaded guilty Monday to obstruction of official business, a second-degree misdemeanor. In exchange, a felony charge of evidence tampering was dismissed. Common Pleas Judge John W. Rudduck suspended a 90-day jail term, ordered a year's probation and surrender of Lanham's peace officer's certificate.

Authorities said the other three people indicted have been cooperative. Bentz and Hardesty each were indicted on two felonies: evidence tampering and obstructing justice. Powell was indicted on a felony charge of evidence tampering and a misdemeanor charge of obstructing official business.

Powell, one of two full-time officers in the department, declined to comment.

On Feb. 4, 2002, Officer Mueller had responded to a domestic violence call at Cundiff's residence on Rice Street. Mueller is accused of shooting Cundiff in the face.

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Mueller Pleads Guilty

The sentencing

Other misc info