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VIDEO: Court staffer meets with witness

Register • Apr 27, 2013 at 8:30 PM

The video purportedly shows Sandusky County court administrator Brock Kimmet meeting with the witness. It is posted at the Facebook page. 

Click here to watch the video. 

The Limberios family contends Kimmet met with the witness for about 13 minutes. Attorney Dan McGookey provided affidavits from people who were at the courthouse who stated in the sworn statements they heard Kimmet tell the witness to "stick to her story" after the two emerged from a private office during a break in a deposition of the witness Feb. 11. 

Sandusky County special prosecutor Dean Henry expressed no concern about the purported meeting or what might have been discussed by Kimmet and the witness.

"Unless he/she is represented by counsel, there is no prohibition on anyone speaking with an individual in the courthouse during a break in a deposition," Henry responded to an inquiry from the Register.   

McGookey said Henry is flat-out wrong in that assessment.

"Under the rules of professional conduct, which apply to the court and court staff, it's prohibited for the court or staff member to meet with a witness and discuss a matter without all parties being notified and given the opportunity to be present," McGookey said. "That's an ex parte communication, which is directly prohibited."

Kimmet has said no meeting took place, but referred to a court security issue without providing any details as to how that might relate to the purported meeting. He has not responded to calls and inquiries seeking further comment or clarification.

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Meanwhile, Henry refuses to say whether the tissue sample the family provided has been processed, held or discarded. The family has asked Henry to test the sample, which Dr. Cyril Wecht has called incontrovertible evidence that Jacob was not holding the gun when it was fired and killed him. Wecht performed an autopsy last fall at the famly's request after the county repeatedly refused to order one. 

Henry wants to exhume the body next week and have a second autopsy conducted. 

"I’m not going to get into a debate with anyone about why a second autopsy is needed and/or why it was ordered by Dr. Wukie," Henry wrote in an email response to an inquiry from the Register. "That battle has been fought and I’m moving on with the investigation."

Jacob is buried in Castalia Cemetery, a property owned by Margaretta Township in Erie County. Erie County Prosecutor Kevin Baxter sent Henry notice last week that township trustees would not oppose a second exhumation if Henry can show why a second autopsy is needed.  

Click here to listen to recordings of witness interviews and Sandusky County detective Sean O'Connell provide details about his findings.

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