A prominent criminal defense attorney was accused of obstructing justice and tampering with evidence during the defense of a high profile aggravated murder prosecution. A special prosecutor was selected to investigate and prosecute the case by the sitting elected county prosecutor.

Marein and Bradley tested the special prosecutor’s authority to use the grand jury to charge as outside of the special prosecutor’s powers. A motion to dismiss filed by Marein and Bradley was opposed by the special prosecutor, but granted by the trial court. The special prosecutor appealed the dismissal to the Ohio Court of Appeals. The Ohio Court of Appeals agreed with the dismissal. No further prosecution was attempted by the state.