In the seventh assignment of error, Condon maintains that the trial court
erred in failing to dismiss the indictment because the prosecutor was acting under a
conflict of interest.2 Condon claims that he was denied due process because the
prosecutor improperly appeared before the grand jury seeking an indictment against
Condon two weeks after a civil lawsuit had been brought by the families of the deceased
victims against certain Hamilton County employees, including Tobias, and Condon.
Condon claims that, because the Hamilton County Prosecutor’s Office was required by
law to represent county employees in the civil lawsuit, a conflict existed when the
prosecutor’s office indicted Condon and Tobias for crimes relating to the civil lawsuit.