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Attorney asks jury to reconvene

Jessica Cuffman • Dec 5, 2013 at 9:40 AM

Unanswered questions.

A failed lie detector test.

A family still grieving for their lost son.

The family of Jacob Limberios, 19, who died March 2, 2012, from a single gunshot wound to the head in a York Township home, is unsatisfied with the findings of a grand jury probe and the Ohio Attorney General’s investigation into his death.

Last month, the grand jury and the Attorney General’s office both issued reports stating Limberios shot himself in the head, an accident possibly caused by a gun defect.

Attorney Dan McGookey, representing Jacob’s parents, Mike and Shannon Limberios, asked the Attorney General’s office this week to reconvene the grand jury to hear testimony from the three witnesses to Limberios’s death.

But the plea will go unanswered.

In a statement from spokesman Dan Tierney, the Attorney General’s office said there is no legitimate cause to reconvene the grand jury.

“Any accusations that persons did not testify before the grand jury are conjecture and cannot be verified by an official source,” according to the statement. “While we cannot comment on what was presented to the grand jury, the information provided by Mr. McGookey represents existing evidence and testimony that was part of our previous BCI investigation, and provides no legitimate cause to reconvene a grand jury”

McGookey’s request came on the heels of knowledge not previously made available to the family: that a third witness had, in fact, taken a polygraph examination and investigators found he was not being truthful.

Sheriff’s office investigators previously disclosed two of the witnesses had also taken polygraph examinations and were found to be truthful in the statements they made to police in July 2012. The third witness did not take the test then.

According to documents from the Ohio Bureau of Criminal Investigation, however, that witness agreed to take the exam in August 2013, after BCI officials took over the case from Sandusky County, when a visiting judge asked the Attorney General’s office to step in as special prosecutor.

The revelation of a third witness’s failed exam, coupled with results from additional polygraph tests the other two witnesses gave during a filming of the “Dr. Phil” show that aired last month, spurred McGookey’s request this week to re-open the investigation.

“It is incomprehensible how you could rely on an unsworn statement of a witness who your own agency determined to be lying, and the statements of the other two witnesses who were determined to be highly deceptive,” McGookey said in an email to the Attorney General.

“This is even more shocking when considering the fact that your office chose not to let the grand jury members even see or hear from these witnesses themselves, giving the members the chance to determine their credibility” he said.

Grand jury proceedings are guarded, held behind closed doors, and records are sealed after each meeting. In this case, visiting Judge Dale Crawford also chose to seal the subpoenas issued to the 55 witnesses who appeared before the court.

But Limberios family members and friends sat outside the courtroom for much of the proceedings, and they never saw the three people who witnessed Jacob’s death.

Meanwhile, McGookey and Justice for Jake supporters are not ready to accept the findings of the Attorney General’s investigation.

“We call on you to complete an investigation, which is clearly unfinished,” McGookey said. “Mike and Shannon deserve to know the truth as to what happened to their son. We believe that by any objective standard, there is reason to believe that they have not gotten it”

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