Dean Henry: Conflict? No comment

Experts say Sandusky County special prosecutor has two masters in Limberios death probe
Emil Whitis
Apr 2, 2013

Sandusky County special prosecutor Dean Henry represents both the state of Ohio in an ongoing investigation into the cause of 19-year-old Jacob Limberios’ shooting death and, in a related civil case, the coroner who ruled it a suicide. 

Limberios family attorney Dan McGookey says Henry's dual role is an obvious conflict of interest, but Henry refuses to discuss it. 

Ohio State University law professor Arthur Greenbaum, an expert in professional responsibility, said as a prosecutor it’s Henry’s duty to remain neutral — to seek only justice. 

But as Sandusky County Coroner John Wukie’s attorney in the civil suit, it’s Henry’s duty, by law, to represent Wukie’s best interest. 

After an autopsy in September, a private forensic pathologist, Dr. Cyril Wecht, concluded Jacob’s death was a homicide. 

If Henry, acting as a prosecutor, recognizes that conclusion, he’d be contradicting his client, Wukie, in the civil case. 

“I don’t have enough facts to be able to state whether this is conflict of interest,” Greenbaum said. “But this would certainly seem like one.” 

Two other lawyers were less hesitant. Get their reaction in today's Register. Click here for the ePaper, for home delivery or buy a Register daily at a newsstand near you.

Henry refuses to release reports and other information to the Limberios family, and is withholding public documents citing exemptions in the Ohio Revised Code. If he does release the report it will be posted here at sanduskyregister.com.

Comments

WiseManOnceSaid

I also have no comment on the legitimacy of the current investigation. Nor do I have a comment on my defense of Mr. Wukie. Or a comment for the family of a young man who has died an simply wants the answers to what happened. Or a comment for the judge who asked me to finish up my investigation. Any further questions?

luvblues2

Keep the fire lit under his butt, SR. Sooner or later that tough hide will fall off and he'll feel the burn.

mikel

thanks dean! you are doing a good job. no reason to let out non-factuial info. once the investigation is complete then you can let us know what you have determined. pay these people no mind.

Matt Westerhold

Thanks for the comment Mikel. You might not have as much patience, however, if it was your son who'd been killed.

 

mikel

matt, i think that i can understand the frustration. however, to make sure that this gets done right the second time around it may take a little time. so, let's take the time and make sure it's right. no matter the outcome no one will be brought back to life.

the ag should step in but it is apparent that this will not happen any time soon.

luvblues2

All the evidence has supposedly been looked at. More than twice. How long would you have Dean Henry's leash go? Especially since he is riding a fence.

mikel

says who?

luvblues2

Read. I refuse to point out all the links that refer to this case. You are not worth my time.

mikel

I will answer it for you. Those who are officially investigating say different.

luvblues2

The ones who are investigating aren't "saying" anything except, "no comment". Where do you get your info?

Krissy3

No mikel, detective o'connell who was in charge of the investigation said at the end of February that he was done with the investigation and knew what happened. Dean Henry stopped billing the county for the investigation at the end of February after his meeting with O'connell. At this point Henry is just delaying the release of the report.

luvblues2

Why, Kris?

mhs parent

This Family has been waiting long enough for answers. 13 months have gone by and we still have parents pleading to know what happened to their son. Sorry that is too long. Your right nothing will bring Jacob back, but answers will allow Mike, Shannon, and Kayleigh along with all other family and friends to finally begin to have closure and heal. Do you have Children?? We are talking about way more than frustration here. There is nothing harder for a parent then to bury their child. Its time for Sandusky County to stop trying to sweep this under a Rug. Mr Henry if you are reading this, Sir those of us who stand behind the Limberios family WILL NEVER go away, we will stand up with Mike and Shannon and fight for answers no matter how long it takes, that Sir is a PROMISE!!!!!

jas

Certainly, there is a Conflict of Interest in Attorney Henry being both Special Prosecutor and attorney for the Public Officials in Sandusky County. At some point, a Judge will rule accordingly and kick Attorney Henry out of the case. Then we will all be back to square one with the Attorney General investigating or a different Special Prosecutor being named, thus causing more delay.

Although Attorney Henry should never have taken both positions, it could have been avoided if Attorney McGookey didn't use his typical "sue first and ask questions later" strategy. This tactic wasn't in the best interst of his client, the victim's family, because it simply caused even more delay. If Attorney McGookey hadn't used this strategy, the Conflict of Interest issue would not be around to cause more delay.

If Attorney McGookey didn't like Attorney Henry as Special Prosecutor, he could have put more "heat" on the Attorney General to step in on behalf of the family. He's going to have to do this eventually so creating and/or allowing the Conflict of Interest to become an issue just caused more delay. The lawsuit could be filed later. The threat of a lwasuit instead of immediately filing a lawsuit would have given Attorney McGookey more leverage to get his client's what they wanted - an answer to this tragedy and justice if anyone else is involved.

Bottom line - Attorney Henry should not be both Special Prosecutor and attorney for the Public Officials in Sandusky County. Attorney McGookey screwed up by creating a situation where it could happen, thus causing more delay.

sandtown born a...

Mike sounds like a sheep in Henrys clothing or at least his corner just to sad to watch this boys family suffer thru idiotic/sub standard investigating my thoughts are with the Limberios family

WiseManOnceSaid

Commissioners requested that Tom Stierwalt, County Prosecutor, visit with them for a few
minutes to discuss a recent request to use funds previously allocated for a part-time prosecutor
to pay for the special prosecutor that was appointed to attend to the civil matters surrounding
the Limberios family and the county coroner. Mr. Stierwalt entered session and spoke to the
matter. He noted that Dean Henry has been acting as the special prosecutor and now has
generated some bills that need paid. Some discussion ensued about the needs of the office
and he noted that he would prefer a full-time assistant as opposed to any additional p/t.
Commissioners agreed to allow the transfer of funds in order to cover these costs.
Commissioners than changed the direction and decided to care of the invoices for this matter
from countywide expenses.

milemarkerzero

Why can't Cityslicker comment anymore. I keep asking, but get no answers.

luvblues2

Tell Cityslicker to call Sarah. And shut up, will ya?

milemarkerzero

I....I sir, or mamm, or whatever the +?%$ you are.

luvblues2

What is this comment supposed to mean or state to me?:

"I....I sir, or mamm, or whatever the +?%$ you are."

mikel

Moderators have removed this comment because it contained Personal attacks (including: name calling, presumption of guilt or guilt by association, insensitivity, or picking fights).

Julie R.

I can't understand why they are putting the family through this. Are they covering up for somebody or are they just covering up for their own incompetence by taking everybody's word for what happened without doing any kind of investigation? If so, according to Dr. Cyril Wecht this happens often. Investigators are so eager to close out cases that they miss important clues that it didn't actually happen like they think it did. So if this is what happened here, why don't they just admit to their incompetence and find out the truth so the family can get some closure?

sandtown born a...

A public paid employee will NEVER admit they messed up it might hurt the cushy position they hold