LIMA ó An attorney for a former county employee accused of keeping her ex-husband on her health insurance policy after their divorce said she was never properly notified of the charge against her.
Crystal Balo had no way of defending something that was unknown to her. The Sixth Amendment of the U.S. Constitution provides anyone charged with a crime the right to be fully notified of the accusation for which that person is charged, Baloís attorney Mike Rumer said Thursday.
The indictment conflicts with the statement of charges, Rumer said.
Rumer is asking Judge Richard Warren of Allen County Common Pleas Court to dismiss the case.
Warren, who accidentally had ruled against Rumerís motion Wednesday before the hearing, set aside that ruling to hear arguments and apologized to both sides.
Assistant Allen County Prosecutor Jana Emerick is going to file her arguments to Rumerís motion in writing once Rumer puts his arguments in writing.
The motion is expected to postpone Baloís trial, which was scheduled for May 10.
Balo, 31, is charged with grand theft by deception, a fourth-degree felony that carries up to 18 months in prison. Baloís ex-husband, Steven Balo, 39, was convicted of misdemeanor insurance fraud. He was given a 60-day suspended jail sentence and ordered to pay $5,634 restitution, which he did.
Crystal Balo no longer works for the county. She was fired after an audit of the countyís insurance program.