Prosecutor makes case against new trial for sex offender

CELINA - The Mercer County Prosecutor's Office pushed back Friday against a Columbus man's request for a new trial due to reports of juror misconduct.

Johnathon H.L. Grove was sentenced in August to between 104½ years and 108 years in prison on: 29 counts of illegal use of a minor or impaired person in nudity-oriented material or performance, a second-degree felony; one count of importuning, a third-degree felony; one count of importuning, a fifth-degree felony; four counts of unlawful sexual conduct with a minor, a third-degree felony; one count of rape, a first-degree felony; four counts of disseminating matter harmful to juveniles, a fourth-degree felony; and one count of disseminating matter harmful to juveniles, a fifth-degree felony.

A few months later, his Lima-based attorneys, Andrea Henning and Cheyenne Winegardner, asked for leave to file for a new trial on the basis of juror misconduct, due to allegations that County Judge Matthew K. Fox's former law clerk Travis Kriegel had improper communication with a juror in the trial, Gregory Axe.

Both have denied they discussed the case before and during the July trial from July 14 to 17, 2025.

Visiting Judge Jonathon P. Hein of Darke County, who was assigned the case after Fox's recusal, granted the defense's request for leave on Jan. 23. They subsequently motioned for a new trial on Jan. 30.

Within their request for a new trial, the defense alleged that Kriegel communicated with juror Gregory Axe, "and that those communications were prejudicial to Mr. Grove receiving a fair trial," a court affidavit states.

Assistant county prosecutor Peter Galyardt opposed their motion in a response filed Friday, stating that their request "offers nothing more than conjecture, speculation, and unsupported interpretations as to both juror misconduct and prejudice."

To warrant a new trial, his opposition states, the defense must establish that juror misconduct occurred and that Grove was prejudiced by it.

"Instead, they present only postulation, supposition, incorrect legal analysis, unfounded conclusions to try to persuade this court to presume misconduct and presume prejudice," Galyardt wrote. "The law explicitly rejects both approaches and instead presumes proper conduct on the part of the jury."

Henning wrote in her affidavit to support her new trial request that in September of 2025, Kriegel approached her at the Auglaize County Municipal Court with questions about her trial strategy during the Grove case, then ultimately admitted to knowing Axe and reportedly speaking to him before and during the trial.

Defense counsel met with Kriegel twice afterward in an attempt to investigate the communications between the two. During one of those meetings, he gave them his phone to look at.

While looking at the phone, Henning noted a June 20 missed call from Axe to Kriegel; a three-minute call between the two on June 21; a 10-minute call at 3 p.m. July 14; a missed call and texts between the two regarding lunch on July 15; and a call from Kriegel to Axe on July 17.

As well, they observed a text from Kriegel to Axe "sent immediately after the verdict was announced," that stated "MY BOY!" Winegardner wrote in her own affidavit.

Galyardt filed an affidavit on Axe's behalf on Friday that contradict's the defense's claims.

In it, Axe states he and childhood friend Kriegel spoke once on the phone shortly after he learned he was selected for jury duty.

"During that conversation, we updated one another on our lives, discussed going out to eat together at some point in the future, and I mentioned that I had been selected for jury duty," Axe wrote. "At that point, I do not believe I knew for sure which case I would be serving as a juror. However, Kriegel indicated that he likely knew which case I would be on."

Axe said he then asked Kriegel how long a trial usually lasts. Kriegel reportedly told him they do not "generally last that long but then stated that since he may be familiar with the case from his time job shadowing with the court, we could not discuss anything about any case for which I would be serving."

He added that he may have spoken with Kriegel again on a second phone call, though he doesn't remember for sure.

"In conclusion, Kriegel and I never discussed any details about the case. My verdict in this case was based solely on the witness testimony, exhibits, and evidence presented to me and my fellow jurors," Axe's affidavit states.

He added that months after the trial, one of Grove's attorneys reached out to him and asked whether or not Kriegel told him anything about the case.

"I told her that he did not. I told her that Kriegel knew I had jury duty and that he and I did not discuss any details regarding the case," the affidavit states. "The attorney was very aggressive and seemed unwilling to accept my answer despite my clear statement that Kriegel did not tell me any details about the case."

Galyardt asked Hein to deny the defense's motion either without a hearing, or through an informal, non-oral hearing.

The defense has a week to respond.

Grove was charged criminally in December of 2023, following a sexual encounter and months-long sexually explicit correspondence he had with a then 12-year-old female victim, who resided in Fort Recovery.

He's currently incarcerated at the Allen-Oakwood Correctional Institution in Lima.