Okay, I haven't read the opinion on this one, but I cannot imagine the scenario by which the Allen County Prosecutor's Office should not be recusing itself on this case and turning the matter over to a special prosecutor. Prosecutor Richards' chief deputy and very likely close friend is an alleged victim of Leary. It is human nature that that close relationship will cloud otherwise objective decisions made about the prosecution. I would think that Prosecutor Richards has an ethical duty to step down from the prosecution.
Whatever happened to public officials like Richards avoiding an "appearance of impropriety?" I have no sympathy for what Leary, allegedly, did, but his attorney appears 100% right on this one.