Nichols has been in jail for four months in lieu of $750,000 bail on aggravated theft and tampering with records charges.
She was scheduled for a one-day trial to the judge on Feb. 27.
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On Wednesday, the trial date was continued and a pretrial hearing set for March 13 after Nichols’ lawyers filed motions to continue the trial and compel prosecutors to turn over “a password-protected hard drive owned by Ms. Nichols.”
“The hard drive contains information that is relevant and material to her defense, as well as personal information that is not relevant to this case,” according to the motion filed Tuesday in Warren County Common Pleas Court.
After the hearing, Fornshell said the trial was indefinitely continued due to “some discovery issues.” Discovery is the sharing of evidence required by lawyers on both sides of court cases.
The missing money first came to light in 2017 when a new board member, a Certified Public Accountant, began looking into the organization’s finances and discovered no Form 990 had been filed with the IRS, outlining the group’s financial status, Fornshell said then.
According to an online IRS database, the association’s nonprofit tax exemption was revoked on May 15, 2017. A revocation was posted three months later, on Aug. 15, 2017, according to the database. No reinstatement date was listed on Wednesday.
This designation is important for those donating to the organization to be able to take advantage of the tax break.
Since the incident, a new board has been formed and audit and finance committees set up.
“The current board we have now is committed. We’ve been working with the state, working with the police to reconcile this. We’re here for the community and the kids,” association board member David Meester said after the indictment. “We have nothing to hide, as a league.”
Meester could not be reached this week.
Nichols was booked into the jail in October after her indictment, but furloughed for medical reasons.
She was taken back to jail after the judge questioned the circumstances of the furlough. Oda has since rejected efforts by her lawyers to get her bond reduced so that she can get out of jail.
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Within days of the indictment, her husband, Avery, filed for divorce, listing her address as the jail in Lebanon, and calling for him to be named custodial parent while she is in jail.
The lawsuit sought no support, claiming she is unemployed and the couple in bankruptcy. Avery Nichols’ lawyer said the home was in foreclosure.
On Dec. 7, the husband was recently granted exclusive use of their Springboro home. A telephone conference is scheduled for March 15 in the divorce case.
Nichols’ lawyer in the criminal and divorce cases, Patrick Mulligan, could not be reached for comment.
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