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Pat Kelly, the Athens County Sheriff, listens to a witness during the State v. Patrick Kelly trial in the Athens County Pleas Court, at 1 S. Court St., in Athens, OH, on Thursday, Jan. 29, 2015. 

Sheriff's trial continues with testimony from Clermont County Sheriff

Suspended Athens County Sheriff Pat Kelly’s trial began Tuesday with Ohio Assistant Attorney General James C. Roberts presenting video footage that revealed missing sheriff’s office files being unearthed at a local garbage dump in Hocking.

Tom McKnight, a felony investigator with the Athens County Prosecutor’s Office, was the first witness to be called on Tuesday. McKnight said he had videotaped the files being extracted from the landfill.

McKnight testified that he was told the sheriff’s office documents held at the fairgrounds building were missing in May of 2013. There was speculation then, he said, that the records might have been at the Lancaster Street building, though they were not found at that location.

On May 24, McKnight’s secretary received a tip from the Hocking Reclamation Site that the missing documents were buried in the landfill.

McKnight took a video recorder with him to the dump that day and videotaped the files being unearthed.

McKnight testified that “thousands” of missing files were recovered. It has been alleged that Kelly intentionally disposed of those files illegally.

Albert "Tim" Rodenberg, the Clermont County Sheriff, also testified Tuesday. Rodenburg trained Kelly in 2008 for first-year sheriff training.

Rodenburg's testimony concerned a Bob Evans receipt for $46.48, which was paid for with county funds. Rodenberg said the department must write clearly on the receipt a reason to justify its use of funding, though the Bob Evans receipt contained no writing.

Rodenburg told the jury that it’s very rare for someone not to fill out an affidavit or receipt.

The third witness of the day was Robert Cornwell, Buckeye State Sheriff’s Association executive director, who hosted seminars for sheriffs and deputies that Kelly attended.

Cornwell said sheriffs were trained at those seminars to document everything, and were informed that they must clearly state their purpose for using county funds to pay for meals.

Cornwell also testified that Kelly had previously consulted him about purchasing suits from Men’s Wearhouse — which he said were to be worn in-office — with money from the department’s Furtherance of Justice Fund.

He testified he strongly advised Kelly not to purchase the suits. Kelly then proceeded to get "very angry" with him.

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