Family wants DeWine to step in

Sandusky County judges Ansted and Dewey take unusual path to keep Dean Henry as special prosecutor in Limberios death probe
Register
Apr 18, 2013

 

Mike and Shannon Limberios filed a court motion Wednesday asking Sandusky County Common Pleas Court judges Barbara Ansted and John Dewey to appoint Ohio Attorney General Mike DeWine special prosecutor for the criminal investigation of their son's death on March 2, 2012. 

Click here to read the court filing. 

Ansted and Dewey appointed Henry prosecutor Feb. 5, in an unusual court order both signed without having an assigned case. 

Ansted had earlier recused herself from becoming involved in the Limberios investigation, citing a conflict of interest, but she has refused to offer an explanation how that conflict no longer applied in naming Henry to serve as both special prosecutor and defense counsel regarding the killing of 19-year-old Jacob Limberios. 

Legal scholars and practicing attorneys have suggested Henry's dual roles — as prosecutor and defense counsel — presents an obvious conflict of interest that hampers his ability to conduct a competent criminal investigation properly. 

McGookey stated it much more bluntly in the court filing.

"There is an undeniable conflict of interest," McGookey wrote. "The obvious conflict becomes more apparent by the day."

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Henry is serving as defense counsel for Sandusky County coroner John Wukie, who ruled the day Jacob was killed that he committed suicide, but it might have been accidental. Mike and Shannon Limberios want the county to provide a competent ruling on a cause of death and want Henry removed as special prosecutor in favor of an independent criminal investigation. 

DeWine has previously said he cannot take over the criminal probe unless he is asked to do that by Sandusky County law enforcement. The court filing on Wednesday asks Ansted and Dewey to make that request to DeWine. 

Henry has refused to respond to questions about the appearance of a conflict other than to say that Ansted and Dewey approved the arrangement. Ansted and Dewey did not respond to repeated inquiries seeking clarification and court officials refused to provide a case number for the ruling or any response to other questions provided to them. 

Attorney Dan McGookey, who represents the Limberios family, also said Sandusky County court administrator Brock Kimmet met with a key witness in February and discussed her testimony with her. McGookey provided affidavits from people who said in the sworn statements that they heard Kimmet tell the witness to "stick to your story" when the two emerged from an office at the courthouse during the break in the deposition. 

McGookey obtained video from courthouse security cameras that appear to show Kimmet meeting with the witness. 

Kimmet refused respond in detail about the purported meeting. 

"I never met with anybody. No sir," he replied when initially asked about it last week. "There was a court security issue that occurred. I heard some rumblings about that (the suggestion he met with a witness). 

Kimmet has not returned phone calls or responded to additional questions posed to him. 

"The court speaks through its journal entries and does not give clarification to non parties. If either party requests clarification, there is a process in place for that," Kimmet wrote in reply to an email sent to him Wednesday. "Furthermore, I will not discuss any court security issues outside of the court."

The order from judges Ansted and Dewey is not assigned a court case but does list the Limberios and Wukie as plaintiff and defendant, respectively. Neither Ansted nor Dewey have standing in that court case that would give them authority to make a ruling. 

It's not clear how Henry, who represents Wukie as his defense counsel, was determined to be an independent party by the judges. 

Kimmet, the judges and other court officials declined to offer clarification or explanation as to whom the parties to the court action might be that prompted the order appointing Henry to the dual roles. 

Click here to read past articles, see photo galleries and watch video from the Justice for Jake rally at the Sandusky County Courthouse earlier this month.

 
 

Comments

Centauri

[Legal scholars and practicing attorneys have suggested Henry's dual roles -- as prosecutor and defense counsel — presents an obvious conflict of interest that hampers his ability to conduct a competent criminal investigation properly.]

Don't look for DeWine to step in. Cordray did not step in to ivestigate all that corruption in Cleveland, Ohio. It is up to newspapers and people to expose the crooks. Keep up the good work Sandusky Register.

WiseManOnceSaid

Keep up the good work. Everyone know's it's a conflict of interest, but there is no way to make them bring in the AG. Public scrutiny will make all the officials look foolish. This will follow Dean Henry wherever he goes, Wukie will see some backlash from this, and now we have a judge who declared herself to have a conflict of interest originally then later got involved. They now also have footage of a court administrator meeting with a witness and telling her to stick to her story. Keep it coming. Eventually they will make a joke of Sandusky County for their continued idiocy and cover-ups.

quis custodiet ipsos custodes?

To the Witnesses: veritas vos liberabit

John Harville

WISE "make a joke of Sandusky county"? MAKE?

Let us reflect on the 2010 case of C-GS Supt. Todd Helms:
Judge: Barbara Ansted - who also was handling the Helms divorce.
Defense Counsel: Dean Henry

Only Helms ever brought to justice while school officers and other walked away.
Ansted - judge for both divorce AND criminal trial - had clear conflict of interest. She could not order amount of repayment until she settled the issues of Todd's and Rosemary's shares of their pensions and issued the final decree.

mamaC

I find it sad these "professionals" with their Education & authority that NOT one of them find a CONFLICT with this???? I guess you can't buy common and sense at a college.. I feel sorry for Sandusky County residents with these kinds of people sworn to protect,serve and up hold the law... Justice for Jake

skydog44870

Incredible, Welcome to the world of politics. And just think, this all started from incompetence and has gone from bad to worse.

bmgasser

Skydog, you're spot on..it STARTED with incompetence, but has grown into something else. This coverup has nothing to do with Jacob Limberios. I believe we are about to discover something that goes much deeper than the failures of an inadequate investigation. Look at the past malpractices of Sandusky County law enforcement. There are obviously some evils of corruption that may finally be brought out of the deep abyss we know as the Sandusky County justice system and into the light for all to see. Feel like being a super hero Mr. DeWine? Here's another villain for you; I suggest you take the challenge. If you don't, your other good works could be forgotten very quickly.

dont blame me

Be careful what you wish for. You will get no justice from the AG either. Remember the sleeping guy that was gunned down, the schizophrenic girl in the jail.

gene44870

well if you can not get the state AG then why not contact the feds, cause certainly there are U.s constitutional rights that should be brought up , and please excuse the spelling . I am doing thie best I can , but it stands to reason that if contacted , the feds could order the state AGS Office to start an investigation . and maybe even move this to a federal court and take it away from the ones that are tring screw up this case in anyway they can

gene44870

well if you can not get the state AG then why not contact the feds, cause certainly there are U.s constitutional rights that should be brought up , and please excuse the spelling . I am doing thie best I can , but it stands to reason that if contacted , the feds could order the state AGS Office to start an investigation . and maybe even move this to a federal court and take it away from the ones that are tring screw up this case in anyway they can

Mum-of-One

I wonder who is being protected in this case. It's hard to believe that incompetence on this level is even possible. It almost seems deliberate.

John Harville

You mean in Overmyer County? Sheriff, clerk of courts, deputy are siblings of father deputy plus deputy ex-brother-in-law of Sheriff....and some relation to the former mayor of Fremont as well as village officials in Lindsey (?). The sheriff's wife is the sister of C-GS Board President Matt Jenne.

sandusky2012

you can always wait till a ruling then appeal to the districts courts in Toledo or better yet file a complaint with the judicial review board and ethical commission and have both judges disbarred over this matter ... I bet just filing the complaint alone will have a lot of merit and both judges with take a better look at things and have the AG look at things!!!!!!!!!!!!

OMGreally

hopefully the ppl of sandusky county are watching this, as well as the AG and when it comes time to re-elect the ones that can be, things get changed...

John Harville

Who do you think elected them?

It's no different than the ppl have watched for years.

The same Judge Dewey in County Court often reduced 4th and 5th DUIs to reckless operation so they wouldn't lose license/insurance. Hardly any went to jail.

Hopperthe2nd

Unfortunatly our local paper has not covered this hardly at all. One story last week at the courthouse protest, most people here have NO idea whats going on.

luvblues2

Ride them like a new pony, SR.

mikel

what will the register fill their paper with when this is all over????

John Harville

asp

freedom12

I feel bad for the hard working elected officials and law enforcment officials of Sandusky County who are under attack by the arrogant pro criminal anti law enforcment Sandusky Register!! The Sandusky Register is not a newspaper! They are a paper obsessed with supporting criminals and trashing good people!

mikel

hmmm, just read in todays advertiser-tribune (tiffin paper) that a mike mcgookey from sandusky had a dui. related to the lawyer in this? just interesting being that dean henry's law office is in tiffin.