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

Ithink

Unless Dean Henry either 1) steps down as special prosecutor; or 2) drops Wukie as a client; or better yet, 3) removes himself altogether from this case, I wouldn't give him a Kleenex.

mamaC

I would Not give them anything more. They have treated the family like crap! Sad that you can't trust these so called "Officials"! The County has wasted enough money already ( O'Connell driving to Cleveland to talk to Brady for NO reason) Why don't they send Wecht to Lucas County with sample in hand to view it together? So Mike & Shannon know it will not come up missing or not compromised. Dean you really want this family to trust your judgement after you have treated them like S*it from the beginning? Not alone you should of tested sample first before exhuming Jake like the family asked.

Detrain

I agree on that what do you need with other tissue sample you already have one unless you messed with that one. By the way Henry said in court he had tissue sample done by someone other tgan Lucas county. I was in court when he said that. So now you saying you never had it tested. So you lied on court henry.

Krissy3

Oh Dean is back to blaming the family for their incompetence. Imagine that...

mrite

Mr Henry, please charge the family members with obstruction of justice if they do not comply. You are trying to do your job and if they are now standing in your way charge them.

Also, once your investgation is complete I hope that you can move the venue for any grand jury hearings somewhere hundreds of miles from here as this newspaper has tainted the jury pool.

sandtown born a...

Why your at it charge yourself with obstruction along with the rest of you corrupt officials. Your comment makes me puke you are defending the guilty must be corrupt along with the reat

mrite

I am not saying that Mr Henry is right or wrong. I am not saying that this death is not a tragic event. I am just saying that this must be allowed to play out. Once it has been played and then, and only then, if there is corruption can the State come in. That is the only way Dewine will look at it.

jmac08

ya but if we let sc play it out... they have to cover themselves from getting in trouble... so who knows if its gonna be the truth or more lies.

mrite

Understood. These types of things, no matter how painful, must be played with the head and not the heart. Once SC submits their findings and they can be proven to be tainted that is the time to ask the AG to review the evidence.

Jackson9

Sandusky county said it was played out when the ruled it a suicide off the get go. The only reason this is happening 14 months later is because the family wants a thorough investigation. It would've been swept under the rug otherwise.

Your Honest Truth

I respect your opinion mrite and I see the angle you are looking at this case from but I don't believe you have put yourself in the family's shoes. The reason they do not want to give up the tissue sample is because Sandusky County has already proved to them over and over again that they are more concerned with covering their own butts over finding the truth. They do not want to give the key piece of evidence in this case up to them because they have already destroyed so much evidence anywhere from throwing away clothes to letting someone else clean up the scene without a proper investigation. Wecht has already volunteered to drive out and hand the sample to them and stay there while they examined it and they refused. They are willing to work with them but they want someone there to represent them and Sandusky county won't allow it. Why won't they allow it one has to wonder.

jmac08

Mr. Henry shouldve done his job march 2 2012 not may 2 2013....... i dont know how you can even be on their side..... theres other ways around them ive personally called the department of justice in washington d.c., the white house, the state senator, the govenor of ohio, and the ohio supreme court...... its not fair what they are doing to this family and sc has a history of deaths covered up by them its time all this ends and justice gets served NOT just for jake but for EVERYONE who was EVER done dirty by sc.... this cycle ends with jake! justice will be served!

mhs parent

Wow, seriously I think I need to refrain from saying what I want to right now because God don't like ugly and mrite all I want to say are ugly things right now. If the Limberios Family is charged with obstruction, than most of the people who have worked this case had better be charged with obstruction.

Kottage Kat

He is a bad joke
His credibility is gone
Let Matt and anonymous go after him, he has put Mike and Shannon through hell, time he knows. KARMA
JUSTICE 4 JAKE

Kat

jmac08

mrite who the heck are you honestly idk what your keeping up with???? bc if it was your kid youd give him it when they have done nothing but lie the last 14 months?????? and if it goes to trial them kids deserve everything they get for not coming out with the truth in the beginning

mrite

At this point and time the only thing that refutes any of this is Dr Wecht. Dr Wecht, being hired by the Limberos family, findings would most certainly coincide with the families wishes.

The truth is this may never be resolved.

Judys Daughter

By that line of thinking: Dean Henry being hired by Sandusky County, findings would most certainly coincide with Sandusky County's wishes.

mrite

Actually, he was hired by the taxpayers of SC to present a fair and impartial ruling.

candleburner

But back in September when the initial autopsy was done Sandusky county was given a CLEAN sample BEFORE the autopsy was done by Dr. Wecht so that they could do their own testing and they could have come up with their own results. They didn't have to rely on anything from Dr. Wecht. Do you think that Dr. Wecht some how manipulated the sample prior to giving it to Sandusky County and then completing his own autopsy?? All that would have done was tainted BOTH autopsies!!! You really sound ridiculous in your replies mrite. I can only think that you're on the payroll of Sandusky County to be standing so strong in their defense. There was no need for the second autopsy other than putting the family thru undo stress and strain.

mrite

I actually think they sound pretty legit. Again, thinking with the brain and not the heart. Sometimes, imo, I think the initial finding, ie multiple statements that indicated he shot himself, dictates the throughness of the autopsy, right, wrong or indifferent.

sandtown born a...

I dont remember the taxpayers deciding who to hire, this was done by county officials. Yes the same ones he is also bieng paid to defend. COMFLICT of interest. Hire the bank robber to guard the bank

mrite

The voters of SC elected these individuals. Therefore they have been chosen to speak on your behalf. Don't like it? Vote them out! That is what I would be doing.

Krissy3

Dean Henry is a special prosecutor, brought in by the court. He is NOT the Sandusky County prosecutor. In fact, he is just a lawyer from Seneca County, so your point is invalid. No one elected him to do anything. Steirwalt is the prosecutor we elected, not Dean Henry. Henry isn't even the Seneca County Prosecutor! He has no business playing that role in this case, especially when he has been hired by Wukie to defend him.

Since he's NOT an elected official, no one can vote him out.

With that said, whoever said that by your thinking Wecht being hired by the family means he is nothing more than a mouthpiece for the family then Dean Henry being hired by Wukie makes him nothing more than a mouthpiece for him is absolutely correct.

Julie R.

@Krissy3: You're spot on there. A special prosecutor sure isn't an elected official. Special prosecutors are no different than the retired judge scam. They don't give a rat's hindquarters what the people in the county think of them because they aren't elected by the people, anyway.

mrite

Krissy says: "Dean Henry is a special prosecutor, brought in by the court" So, he was appointed by those ELECTED into their positions right? Again, you voted for them to make these decisions on your behalf.

Julie R.

Dean Henry doesn't even hold the title of a prosecutor. Only information I can find --- he's an attorney. So how did they manage to appoint an attorney to be the "special prosecutor?"

Krissy3

That's what they called him, a special prosecutor, but he is not an elected official. The court put him on this case. What is so hard for you to understand? Obviously he's playing the role of prosecutor, but we did not elect him!

Krissy3

That was to mrite not you Julie... :)

Jackson9

Voters also choose our senate, president, and congress but its not always the right person now is it? I'm sure residents of Sandusky County will choose different next election.

Julie R.

@ mrite: You sound a lot like that worthless former OAG Richard Cordray, who claimed corruption was the fault of the voters for re-electing the same public officials term after term.

If Sandusky County is anything like Erie County, nobody ever runs against them!

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???