Wednesday, September 24th, 2014

Grube case costs top $100K, could go higher

By Margie Wuebker
Photo by Mark Pummell/The Daily Standard

Judges Randall Basinger, left, of Putnam County, Jeffrey Ingraham of Mercer County and Jeffrey L. Reed of Allen County preside at the August sentencing of Bryant L. Rhoades.

The cost to investigate and prosecute the two men who murdered Robert and Colleen Grube is more than $100,000 and could climb higher if the cases are appealed.
But Mercer County Prosecutor Matt Fox feels the true cost of the crimes committed by Bryant L. Rhoades and Trevin Sanders-Roark cannot be measured in dollars and cents.
"In a community like Mercer County, crimes of this nature touch and affect every single person, from the surviving Grube families to those who knew Robert and Colleen Grube or those who no longer feel safe in their homes," he said. "Whatever costs incurred and monies spent pale in comparison to what those murders have cost this community."
Rhoades, 23, and Sanders-Roark, 20, both of Union City, received consecutive life sentences in August for the tragic deaths of the Fort Recovery residents in November 2011.
Rhoades entered guilty in Alford pleas to two counts each of aggravated murder, aggravated robbery and aggravated burglary in exchange for the dismissal of death-penalty specifications and the remaining 21 counts in the original indictment.
Sanders-Roark, who was not eligible for the death penalty because he was 17 at the time of the crime, pleaded guilty to the same charges.
Both men claimed to be indigent, so the court provided each defendant with attorneys. The cost, by law, must be paid by the county with a portion reimbursed by the state.
Mercer County Commissioners initially set aside $100,000 to pay for attorneys, expert witnesses and other costs, but months ago decided to deposit another $50,000 into the special account as costs continued to mount. Their records now indicate expenditures at $102,876.
Rhoades' attorneys William Kluge and Robert Gryzbowski submitted bills to common pleas court totaling $35,624.
Kluge, who is certified to handle death-penalty cases and served as lead defense counsel, submitted a bill for $16,556. Gryzbowski, certified as a second chair counsel in death-penalty cases, billed the county $19,068. Court records indicate most of his time involved duties outside the courtroom.
Sanders-Roark had four attorneys during the course of his case beginning with local attorney Donna Post, who handled proceedings in Mercer County Juvenile Court for $11,529. Her fee is not included in the commissioners' overall total.
Troy attorney Jose Lopez was appointed after it was determined the defendant, who was 17 at the time of the murders, should be tried as an adult. Fees totaled $2,859 before Lopez asked to be relieved of his duties in November.
Local attorneys Richard Delzeith and Peter Van Arsdel were appointed to handle the defense after Lopez stepped down. Delzeith's fee is $6,557 while Van Arsdel billed the county $1,573.
Other costs related to Rhoades' defense totaled $54,494 for a mitigation specialist, investigator, psychologist, copies related to the 16-month investigation and a person to collate more than 76,000 pages into binders. Other costs for Sanders-Roark were $1,767 for an expert witness.
The Ohio Public Defender's Office reimburses counties 40 percent of the amount spent on indigent defense fees including attorney and expert witness costs. However, the state caps some expenses and the county must pay the bills before filing applications for reimbursement. The application process is continuing.
Fox declined to cite a specific amount spent on tangible and intangible costs from the prosecutor's office. He said the intangible costs involve thousands of hours spent preparing the case with the work completed by salaried personnel.
The time spent by court and clerk of courts staff also is not included in the overall cost of the cases because the work was completed during employees' regular work hours.
Sixteen months of investigation also carried costs, Mercer County Sheriff Jeff Grey said. He estimates the total at more than $243,850 including pay for four detectives assigned to the case, DNA testing and typed transcripts of interviews. Included in the amount is the $51,850 to house Rhoades and Sanders-Roark and $5,000 in transportation costs.
"This figure does not include costs that the attorney general's office had for investigators assigned to help us, lab work, crime scene work and support staff," Grey said. "My guess is their numbers would be close to, maybe more, than what we spent."
Numbers also were not available from the office of state attorney general Mike DeWine, which does not bill counties for its costs.
The Ohio Public Defender's Office has notified local authorities it plans to file an appeal on Rhoades' behalf in the Third District Court of Appeals.
Sanders-Roark has not indicated if he intends to appeal.
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