Dean Henry says family impeding criminal probe

War of words between Sandusky County officials and a Castalia family ratcheted up Tuesday.
Register
May 7, 2013

Special Prosecutor Dean Henry told attorney Dan McGookey that Dr. Cynthia Beisser, deputy Lucas County coroner, wants to examine a tissue sample in Dr. Cyril Wecht’s possession. He also told McGookey he wanted audio recordings the family has that were "promised to" him.

"Your failure to produce these items is obstructing the criminal investigation you have so many times insisted upon," Henry wrote in an email to McGookey late Tuesday.

Videos, audios and other information the famly has has been posted at a Facebook page, JusticeForJake, which was started by friends and supporters of the family. Click here to link to the page. 

McGookey said it was Henry, and county officials who have stonewalled a credible investigation from the start on March 2, 2012, when Jacob was killed.

Sandusky County Sheriff Kyle Overmyer finished that initial investigation in just a few hours, and county coroner John Wukie ruled Jake's death a suicide that might have been accidental. Wukie made the ruling after a telephone call with sheriff's deputies the same night Jacob was killed, and he never examined the body or the home where it happened. 

"All the family has ever wanted is the truth," McGookey said. 

Henry suggested the criminal investigation had just recently shifted into gear, but he also told McGookey he might be preparing to present evidence to a grand jury, and he might be finishing his investigation.

He wants "a chance to investigate this as (a) homicide," Dean wrote, referring to the finding of an independent pathologist who performed an autopsy in September when the family had Jake's body exhumed after Wukie refused to order an autopsy immediately after Jacob was killed and in the months that followed despite repeated requests from the family.

Henry ordered another exhumation and autopsy earlier this month. Beisser conducted the second autopsy May 2, and said Jake's body "likely" would be returned to the family Thursday, eight days after it was removed from the grave in Castalia Cemetery. The first exhumation, autopsy and the reburial in September all happened in one day.

"Now that a real investigation is occurring, you and your clients seem to be impeding it at every turn," Henry wrote. "If you are still truly searching for the truth, then share the evidence you have and give me a chance to investigate this as the homicide Dr. Wecht says it is."

CSI: Click here for a video detailing forensics.

Jacob died from a gunshot wound to the head. Three witnesses were in the home with him when he was killed but much of the physical and scientific evidence was destroyed during the course of county's investigation.

In addition to being the criminal prosecutor Henry also represents Wukie in a lawsuit filed by the family seeking to have the death certificate changed. Henry has relied on statements from the witnesses to oppose a change in the death certificate, declaring in a court filing earlier this month that Jacob shot himself. The motion does not suggest there is an ongoing criminal probe or a possible grand jury investigation. 

Henry's demand that the family surrender the remaining tissue sample that Wecht has retained is unreasonable, according to McGookey.

"For obvious reasons we have no desire to give him this last piece of evidence," McGookey said.

Henry and the Ohio Attorney General's Office both have declined to provide documentation regarding the status of the tissue sample Wecht previously provided to sheriff's deputy detective Sean O'Connell, or state whether it has been tested. 

Click here for related articles, video and photo galleries. 

Comments

mrite

Julie, if corrupt officials continue to get voted in whose fault is that??? Maybe you and Krissy and all the other bloggers can take out petitions for those positions! I know you probably don't have the time or some other excuse. If you are not part of the solution then you are part of the problem.

sandtown born a...

Sounds like mrite drank the SC kool- aid

Krissy3

Dean is not an elected official. If you can manage to navigate your computer to this website I would hope you could do a simple search to see that he is simply a lawyer playing a role of prosecutor. Steirwalt is the elected prosecutor. Not everyone blogging lives in Sandusky county so they can't vote on the elected officials in that county so again, your point is irrelevant.

mrite

I have looked at Mr Henry's background. You are right that he is an attorney that is in a private practice. However, if you did your homework you would have found that Mr Henry has fulfilled this role for multiple counties and municipalities. This is not his first gig.

You people can criticize me all you want. But, as I have indicated this is a very tragic incident and the law mandates that this is the procedure. Let it play its course and then go from there.

Slacker

So gets your facts straight idiot and stop defending the incompetence of SC officials and especially Henry.

mrite

What facts do I have wrong?

You speak of incompetence. Remember the OJ murder trial? OJ was never innocent rather he was found to be not guilty. Why? Questionable police work. If the LAPD would have done a better job, maybe a second look at their evidence they would have noticed it was botched. Maybe that is what Mr Henry is doing. Maybe, just maybe, he realizes that there have been errors and he is trying to correct them before he goes to a grand jury.

Seriously people, step back and let him do his work.

Krissy3

I have done my homework. It doesn't matter if this is his first gig. The fact remains that we did not elect him, don't want him, and there is a conflict of interest for him in this case. It is possible that he has been able to fulfill this role adequately in other cases but his interest in this case seems to be in protecting his client Wukie in the civil matter by not prosecuting the criminal case as it should be done.

Krissy3

Here's the definition of special prosecutor: a special prosecutor is appointed by the government to investigate misconduct to avoid a conflict of interest.

So, the whole point of Henry being appointed in this case was to avoid the obvious conflict of interest Steirwalt would have had if he were investigating Sandusky County.

Only, there is a whole other conflict of interest because Henry is representing Wukie in the civil lawsuit to change the death certificate at the same time he is supposed to be impartially in charge of investigating Jake's death.

I understand you seem to lack basic reasoning, but surely you can see that if Henry finds that Jake died by homicide in his role as special prosecutor it will be bad for his client Wukie in his civil case. What lawyer wants to voluntarily lose a case?

ABA rule of professional conduct 1.7a states that each attorney must consider possible conflicts of interest. This includes not representing both clients at the same time.

mrite

I "lack basic reasoning"? Seems to me that I am being totally reasonable. You are thinking with your heart not your brain. These cases are not tried by emotion but in a court of law where the brain, not heart, must filter out right and wrong. Have there been mistakes? Perhaps, but let them sort it out.

As of right now Wukie is NOT on trial for anything. The only thing facing Wukie is whether or not he did his job properly. There is no criminal charges that he is facing.

Mr Henry, at present, is focusing on the death of this young man. How it happened, why it happened and who pulled the trigger.

Krissy, again you are to emtionally charged to make any kind of rational decision at this point.

Krissy3

I have no reason to think with my heart and not my brain, I don't know this family.
No one said Wukie is on trial for anything. However, the family has filed a civil suit against him to have him change the death certificate. Henry is representing him in this case, as well as supposedly focusing on the death in a criminal case of this young man.
Again, if you cannot see that this is a conflict of interest I am not sure what part of your anatomy you are thinking with but it is not your brain.
I thought i explained this adequately the first time but as i said before, if Henry finds that Hake died by homicide in the criminal case, he is essentially losing the case for Wukie in the civil case against him. Comprende?
Here's a breakdown: 2 separate cases
1 civil case Limberios vs. Wukie with Henry representing Wukie
1 criminal case in which Henry is representing the state.

Lets not forget Sheriff Overmyer instructed Detective O'connell not to turn this case over to the attorney general. He told thus to reporters. What kind of ridiculous explanation do you have for the county not wanting an independent investigation?
Why did the lie detector tests come back as positive when there was at least one inconclusive answer on the 4 relevant questions and Wills breathing was described as "labored".
After telling the family he was going to conduct a transparent investigation and not keep anything from the family, why after talking to Dean Henry did he stop communication with the family?
Why isn't Henry willing to let Dr. Wecht be present when they examine the second tissue sample. Especially when they already have the other one?

Why don't you start asking reasonable questions and see why no one (but you and voice of fremont) believes that Dean Henry is really trying to investigate this death?

Slacker

Henry was appointed to this case. He is not an elected official.

Krissy3

That's what I said...

Jackson9

SC should have had all the evidence to begin with! It was an obstruction of justice the moment they closed this case and ruled it a suicide! Where are the blood splattered clothes and shoes, SC?

Truth or Dare

No threats there, eh? No re-victimization, eh? Isn't that sample in the hands, office of Dr. Cyril Wecht? Charge him with obstruction., see how that one flies! Let's move the jury pool 100's of miles away for the benefit of SC officials, those who've not only failed, but refused to do their job from the beginning! All the while anyone else whose situation is splashed all over the front page of the SR, well, it's ok to remain local, no tainting, no influence there of a Grand Jury, let a alone a jury pool, eh? Pathetic!

Where would they like it to be moved, Jefferson County, maybe Cuyahoga County? Since BCI is of no help here, you would have to go hundreds of miles, like out of the State of Ohio!

Simple Enough II

So if it does come out through the investigation that he did cause his own death, will any of you apologize or will it be more of the same?

Slacker

Will you show any compassion to a family that has lost a son or a daughter that lost her father? The Limberios family are the only ones that deserve any apology regardless of the outcome of the investigation! If Wukie and Overmyer had done their jobs on the day of the incident, the family would not have had to go through ANY of the grief they have had to go through.

Ithink

Those 3 witnesses need to come forth with the truth. I'm sure it's eating them alive--which is a very small price to pay for covering up what really happened that night. I don't know how Kayleigh could ever forgive her sister.

mrite

They will never apologize.

sandtown born a...

I personally have never argued the truth or future outcome just that its investigated CORRECTLY which was never done from the beginning

DGMutley

"Henry's demand that the family surrender the remaining tissue sample that Wecht has retained is unreasonable, according to McGookey.

"For obvious reasons we have no desire to give him this last piece of evidence," McGookey said." <<< from the article

I agree.

Gardenman

What this poor family has been thru. I don't think Hollywood could make a fiction movie with any more pain they the fmaily of Jacob has had to endure. There are so many who never knew Jacob that are with his family in all this and we have them in their prayers that the truth will finally come out. This mess should never have happen and more should so should not be allowed to continue. We can hope that the State of Ohio soon steps in and does a through investigation and let the chips fall where they may.

luvblues2

How to become part of Anonymous:

http://www.youtube.com/watch?fea...

PussycatPatrol

DEAN HENRY - SHUT YOUR PIEHOLE!!!!!!!!!!!!!!

luvblues2

Diplomacy works better than screaming and yellin', darlin'.

Ithink

Obviously not in this case

G_Richardson

Just a question here. "Dean said he would file a complaint with the Pennsylvania State Board of Medicine and the Disciplinary Board of the Supreme Court of Pennsylvania if McGookey did not comply with his demand." Why would he file a complaint in Pennsylvania? Did i miss somthing here?

Matt Westerhold

Dr. Cyril Wecht, who conducted the autopsy and retains a tissue sample, is based in Pittsburgh. 

SanduskyCountyR...

I read somewhere that the Sheriff has a part time job? True? Is he doing it during his work hours???

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