Statements don't match up

Sheriff, Fremont police chief won't say why they failed to investigate jail inmate's death
Register
Mar 2, 2014

 

Fremont police chief Tim Wiersma and Sandusky County sheriff Kyle Overmyer both refuse to address apparent discrepancies and contradictory information provided by sheriff's detective Sean O'Connell about the death of Craig Burdine on Aug. 11, 2007.

The Ohio Attorney General's Office said its ongoing investigation — begun in August 2013 six years after Burdine died — is the only criminal investigation ever conducted. O'Connell recently insisted, however, that he headed up a “thorough” probe for the Fremont Police Department despite his earlier sworn testimony he wasn't concerned with how Burdine died.

“I didn't give it a thought,” O'Connell testified in a deposition in October 2010. “What happened out there in the jail between the jailers and Mr. Burdine that's between them. Let them do their investigation.”

Read O'Connell's deposition

O'Connell was a Fremont police detective at the time. His sworn statement in the deposition does not match his recent statements made to the Register, and to other local media.

“There was a very thorough investigation done by the Fremont Police Department,” O'Connell told the Register in early February.

According to a Feb. 21 news article, O'Connell also later told The Fremont News-Messenger he conducted a thorough investigation.

O'Connell told the News-Messenger he interviewed numerous people involved in Burdine's arrest prior to his death, as well as the jail guards and Fremont police officers who were involved.

During the deposition, however, he said he could not recall any specific interviews with them and instead said he relied on written statements provided to him from the officers and jail guards.

“We talked basically off the record,” O'Connell testified regarding the conversations he might have had with the guards and officers.

But he relied on written statements the sheriff's office had provided for the record, he said.

"I did not find the need to go back and conduct another interview on the officers involved when they've already completed a report that I felt was thorough and complete,” he testified.

The written statements from the officers and guards provided to O'Connell all matched up, with each man saying Burdine became combative before he died even though surveillance video from the jail does not reflect that.

In his deposition, O'Connell said he thought Overmyer, who was a sheriff's captain at that time, was conducting the criminal investigation and he was simply reviewing what happened to assure the Fremont police officers weren't culpable in Burdine's death.

“I was told there was an investigation that was going to be done on the sheriff's office behalf and I'm not sure there was,” O'Connell testified.

He also said he asked then sheriff David Gangwer for the jail surveillance videos that might show exactly what happened when Burdine died, but those videos were never provided and he wasn't sure why they weren't provided.

The sheriff's office hasn't responded to questions why surveillance video from a camera in the room where Burdine died was never provided. O'Connell suggested there is no camera in that room, but the Burdine family said they were told that particular camera was malfunctioning on that day.

Other surveillance video was provided, but appears to be damaged and lacks audio at key points when Burdine was dragged into the jail after arriving there in a Fremont police cruiser. Surveillance video that was provided does not show Burdine being combative, as the guards and police officers stated in their written statements.

In his deposition, O'Connell said he was convinced Burdine's death was “self-inflicted” and that the guards and the Fremont police officers were not responsible for Burdine's death, even though he also stated he was not attempting to make a determination how Burdine died.

Wiersma and Overmyer did not respond to questions about the apparent discrepancies in O'Connell's deposition and his recent statements. They both also declined to provide any information whether either agency has a policy or practice that allows apparent inaccurate information to be disseminated from their respective departments.

O'Connell also did not respond to questions about the apparent discrepancies.

Lucas County deputy coroner Cynthia Beisser determined Burdine suffered sudden death due to a condition called “excited delirium,” which is often used when a person dies while in police custody and almost never used for deaths that do not involve police contact.

Beisser did not conduct any independent review of what occurred but simply relied on the same written statements and other information police provided about the circumstances that led to Burdine's death.

Sandusky County Coroner John Wukie ruled Burdine's death an accident. Wukie also never conducted an independent investigation, and he has refused to say how he could make a ruling when no criminal investigation occurred.

Dr. Michael Baden, a well-known former New York medical examiner who currently serves as the New York State police agency's forensic pathologist, reviewed Beisser's autopsy and related reports. Baden determined Burdine was the victim of a homicide caused by the massive injuries he suffered, including fractured cartilage in his neck that caused him to suffocate.

Beisser made note of the injuries but did not find them to be the cause, or a contributing factor in Burdine's death.

Wukie also has refused to say whether he has reviewed the request from the Burdine family to have the autopsy corrected, or address any of the conflicting information and evidence the family has brought forward.

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Comments

mikeylikesit

i can answer why thet didn't investigate with one word. corruption..

holysee

“I didn't give it a thought,” O'Connell testified in a deposition in October 2010. “What happened out there in the jail between the jailers and Mr. Burdine that's between them. Let them do their investigation.”
Of course, everyone does their own investigation. What do we need detectives for when everyone can do their own investigation? Does he make a case for eliminating his own job? The Shareef don't like O'Connell Rockin' the Casbah and O'Connell surely anin't gonna try.
LE are almost never going to be held accountable for what they do to those they consider "riff raff". Part of the Blue Code says that these criminals create the trouble to begin with that brings them into contact with LE and no LE should ever be held accountable no matter what transpires. In other words they deserve what they get, civil rights be damned.
In other news O'Connell just took down a guy for smoking a joint.
Real important stuff you know.

Ithink

Beisser has always relied on the cops, ER physician's and/or coroner's opinion when she collects a body to do an autopsy. She seeks them out and then says "What do you think we have here?". She is the main pathologist for NW Ohio, so one can imagine the number of autopsies she has to conduct. Thus, she relies on others' opinions to help lighten her load. It's not surprising that Sandusky County 'law enforcement' officials are happy to fill in the blanks for her. That way, they can call the shots on all the deaths occurring there. Sad.

holysee

How criminal justice works in reality.
https://www.youtube.com/watch?v=...

whattheBucks

I just can't believe how bad some LE is and what they get away with ! The Jake issue, the one where they killed some guy sleeping on the couch, the huge perv teaching a young boy how to masturbate, this instance in the article, its almost embarrassing that these are the people we have out there protectimg us ! And for the ones who are honest, go by the rules, and truthful ..thank you ! Thank you everyday !

sash

I'm a little confused. Why does SR keep writing that the fractured cartilage caused him to suffocate when Dr. Baden specifically refuted that in his deposition? Dr. Baden referred to the fractured cartilage as a "shoe print" indicating he must have been strangled. The fractured cartilage wasn't the cause of death and didn't impede or compromise the airway according to Dr. Baden. Dr. Baden also later revised his findings to either strangulation or compression asphixia.

Briansipefan

I'm not sure what this newspaper has against detective Sean Oconnell as it seems like the paper slanders him in most every article. However, if you go back into his work history, especially with the Fremont Police Department, you will find he is a highly regarded detective with an excellent work history. I think maybe the Sandusky Register needs to find someone else to criticize and place blame on, like your reporter who is obviously doing shoddy investigations