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Judge denies sentencing delay for Fox

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By Lauren Pack, Staff Writer Updated 7:33 PM Tuesday, February 7, 2012

CINCINNATI — A federal judge said former Butler County politician Michael Fox’s health isn’t enough to delay his sentencing.

U.S. District Court Judge Sandra Beckwith told Fox Tuesday perhaps he would benefit from being confined to prison “without the access to excess calories.”

Sentencing for the ailing 63-year-old will be in March, a year after Fox agreed to a 48-month plea deal for crimes he admitted to committing while a county commissioner.

Fox walked into federal court Tuesday with the aid of a cane for a hearing on a motion to have the sentencing continued until independent local medical experts assessed his condition.

Defense attorney Ralph Kohnen said the judge needs a thorough, independent view of Fox’s physical condition that is a “very, very complicated, difficult and risky series of medical conditions.”

Beckwith wasn’t buying it.

In medical assessments filed with the court, Fox is described as “morbidly obese.” But Kohnen said he suffers from more heath challenges, including orthopedic knee problems and vascular issues. Fox is currently under the care of a number of doctors and is taking 22 medications, according to the attorney. In addition, Fox canceled knee surgery scheduled for last month in order to attend the hearing.

After an evaluation of medical records, the Bureau of Prisons has indicated it could adequately care for Fox.

Beckwith noted Fox has “put on 60 more pounds according to this medical record.”

The judge said she has options for Fox’s sentence in addition to prison, including a community confinement facility with medical care and house arrest.

“How would house arrest be any different from his current condition?” Beckwith questioned. “He is basically house bound. How would that be punishment.”

Kohnen assured the judge that Fox was not trying to “weasel out of a sentence,” but said he may consider withdrawing his plea if the motion for an independent review is not granted.

Fox admitted guilt to the charges of conspiracy to commit wire and mail fraud, and filing a false tax return while serving as county commissioner. He did not plead to any of the corruption charges — specifically allegedly accepting bribes and kickbacks — pursued by the U.S. Attorney’s Office.

“He at least wants the option to reconsider the entire situation,” Kohnen said, noting Fox believes the guilty plea would be a threat to his life.

Assistant U.S. Attorney Dwight Keller said it is time to move on with sentencing.

Fox’s medical condition may be a “never ending situation that will never resolve itself and maybe that is the strategy,” Keller said.

The judge denied a continuation of the sentencing and an independent medical examination because there is not sufficient evidence Fox’s medical condition has deteriorated further since his plea.

“We are all in deteriorating health to a greater or lesser degree,” Beckwith said.

Sentencing was set for March 12 and 13 and is expected to include Fox’s doctors, prison officials and character witnesses. Kohnen declined to comment whether Fox will change his plea.

Contact this reporter at (513) 820-2168 or lauren.pack@coxinc.com.

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