Henry says 'one or more' may be responsible for Jake's death

Sandusky County special prosecutor breaks silence on cause; threatens to ask federal authorities to go to Pennsylvania to take last tissue sample from Wecht
Register
May 9, 2013

Special prosecutor Dean Henry demanded the Limberios family surrender a tissue sample from an autopsy of Jacob Limberios by Dr. Cyril Wecht in September.

"I am demanding the immediate delivery of the intact tissue samples taken from Jacob Limberios’ corpse to Detective Sean O’Connell of the Sandusky County Sheriff’s Office," Henry wrote in an email earlier today to family attorney Dan McGookey. 

The family has already provided one tissue sample to the county and offered to make the last sample available to deputy Lucas County coroner Cynthia Beisser to examine, but Henry is demanding it be surrendered to county officials. 

"Your actions are inducing Dr. Wecht, the expert witness retained by you and/or your clients, to conceal evidence material to this investigation. ... Your actions are ultimately aiding one or more persons who may be responsible for Jacob Limberios’ death by causing delay in the investigation and possible prosecution of those persons," Dean wrote. 

Click here to read the emails. 

McGookey said previously Wecht had cautioned that the last sample should not be turned over to the country, and McGookey cited the destruction of evidence by county officials previously in the investigation and their refusal to inform the family of the status of the tissue sample that was already provided. 

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.

He also seems to suggested that McGookey, Mike and Shannon Limberios and Wecht all could face penalties if they did not comply.

"All of you should give serious consideration to consulting experienced criminal counsel before making any further decisions on how to proceed," Dean wrote. 

McGookey fired off an email to Beisser asking her to state whether Dean's position on the autopsy mirrors hers. 

Click here for related stories, video and photo galleries. 

Live coverage at 1:30 p.m. today from Castalia Cemetery. 

Comments

Ithink

Why wouldn't Henry comply with the family's wishes to begin with? If Henry indicts someone for manslaughter, then the tissue sample would have to be turned over, as you cannot keep evidence from either side of the courtroom. I doubt a small piece of tissue will make or break this case. Move forward Henry. I wouldn't give him the time of day for fear of him disposing of it 'accidently'. They (SC) have proved they have been less than honest so far, so let him move forward without this. If it warrants anything important, then he can 'borrow' the tissue, as long as a representative from Jake's legal team is present.

Detrain

If they want the sample the lucas county can drive to pa to do test if its thats important

Foz426

agreed, Detrain! They have half of the samples taken. I wouldn't trust them not to lose, destroy or otherwise compromise the last bits of remaining evidence. If Dean Henry is willing to "drive to PA to get the other half of the sample," then he should just take the Assistant Coroner of Lucas County WITH him and let her look at said tissue samples THERE. Good for Wecht, McGookey, and the family for refusing! Justice for JAKE!

Foz426

double post

candleburner

Well in a way I'm glad that Sandusky County finally found that Jake didn't do this to himself but they HAD a clean sample that Dr. Wecht gave them back in September when the first autopsy was done - prior to and separate from Dr. Wecht's autopsy so his results would not have been included in their report - but Sandusky County seems to keep forgetting that and they conveniently want everyone else to forget that fact too so whatever they did with that sample is their problem. Now they want Dr. Wecht's sample and they want to play schoolyard bully to get it.

Justme...

Sandusky County did not find that he didn't this to himself. They are saying its a possibility. BIG difference. What a mess. The State needs to step in because Sandusky County won't want to find anything that shows they dropped the ball. Too much is at stake.

ilkyp

His incompetence has been seen over and over. Now he wants to threaten the family because it's "their fault" he screwed up and now has to eat his words. Dean, if you're reading this... the family isn't the problem. Wecht isn't the problem. YOU and the SCSO are the problem. Clean up your mess and stop insinuating charges against the family.

Hoss McGee

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

WiseManOnceSaid

Dean Henry is just doing his best to make sure the County officials get in no trouble from this. He does not care about the witnesses, and everyone knows that one of them did it. He has proceeded slowly in the investigation to make sure when it is all said and done the county is not culpable for all their screw ups because he took the needed steps to cover them up. It's very sad for the family that he is basically more worried about the county officials than justice but that is how these things tend to work out. My biggest fear is that they will charge the witnesses and the officials will come out clean on this.

sandtown born a...

I agree the Ohio Attorney General needs to head a investigation into the terrible handling of this case. Do Not let some local department investigate, we all can guess those findings

jmac08

i think the witnesses AND the officials need to be charged at this point the witness's had their chance 14 months ago to tell the truth and guess what they didnt 14 months later sticking to thier story they deserve to sit now its gone on long enough

sandtown born a...

Charge all of the witnesses with obstruction including Henry and other SC officials

Kottage Kat

Sounds like Dean's statements could be perceived as threats. If Mike and Shannon feel threatened they and their attorney should address that for their safety.

Kottage Kat

Dean forgot to remember that E-mail prints and he is doing himself no favors with threats and innuendoes

Kottage Kat

Just wondered if the AG has all the articles from the press? With that information should be hustling right up here to help, Election commeth.

Darkhorse

This Henry guy is a piece of work. He is demanding samples be turned over to him after the family paid to do their own investigation, one that was botched in the first place by the Sheriff's office. Turning over the samples so they can be botched again leaves the family vulnerable as to the true evidence they collected. If the Sherifff's office would have done the job correctly, it could have had its own samples. Now the family is wondering if they turn over the samples, will they be compromising what is left of the true evidence so the sheriff can even cover up more. Does the family look like they are stupid or what?

Krissy3

I hope Dr. Wecht took pictures of the gunshot wound before he removed the tissue. By watching the forensic video on the case the characteristics of a wound are very visibly different depending on the range of fire.

Rich Close

Seems the Register was right on their report.

Its obvious that those who messed up with this investigation should be accountable with a loss of a job or a recall election.
There is NO EXCUSE that those in power refused to do their job in a professional manor, and as I see it charges should possibly be filed by DeWine.
What really angers me is how this proud arrogant little man won't admit that things were done wrong and unprofessionally but will attack and threaten the very family that asked him to do his job as he is expected to do!

I hate to admit it, but the Register took a LOT of heat with their reporting and I'm the first to admit I had doubts and was wrong. It would be nice if the Register would continue their reporting and interview DeWine and the Governor and ask them what their plans are concerning those who swept this under the table, do they make excuses for this form of behavior and lack of professionalism?

Krissy3

I agree. The family and dr. Wecht have made multiple suggestions as to how they can let Dr. Beisser examine the tissue sample without handing it over completely to Sandusky County officials, yet Henry declines all of them because he wants it done on HIS terms. His behavior is like that of a child stomping his feet when he doesn't get his way and it is completely unprofessional.
The threat of reporting Wecht to the medical board when he is the only one who has done a competent job in this investigation is laughable. Mr. Henry forgets that his representation of Wukie civilly at the same time as he is prosecuting a criminal case regarding this death is a conflict of interest violating the rules of the ABA.

Krissy3

Double post

sandtown born a...

Now if we listen to mrite it don't matter how bad they screwed up in the past as long as they do it correct now. Destroy evidence or loose it same end result it is gone, no investigating or just plain incompetence. This is why I will now refer to him as mwrong .

Krissy3

Oh but sandtown, all of that happened in the past so it doesn't matter! (Enter Sarcasm) mwrong sounds about right.

mrite

So, if I understand you two, once a person makes a mistake they can not recover themselves and try to right it? Wow, this whole world, including yourselves, would be in trouble as we have all made mistakes in our lives which we have tried to correct.

Krissy3

That's funny I can't seem to recall a time in which I bullied a family who is reburying their son for the third time. I also can't recall a time that I threatened to press charges against someone because they didnt do something the way I wanted them to, especially when they are willing to compromise. He is not correcting any mistakes by continuing to victimize the family.

Rich Close

THIS LITTLE MAN IS UPSET BECAUSE HE SCREWED UP HIS POLITICAL CAREER, he isn't trying to 'make things right" Please don't distort our posts. If there was evidence that he was trying to make things right there would have been a meeting called with apologies, instead he threatens the family!

I honestly don't know why you think he's trying to make it 'right'; in my opinion of what the Register has printed I see an angry brat that was caught not doing his chores and he's now doing it with a grudge.

I personally have NO respect for the authorities who have handeled this.

AND, what a terrible society we would have if everyone was excused for their past behavior and never held accountable for their actions. These officials basically thumbed their noses AT JUSTICE, so therefor they not only insulted the family but the entire county who pays them to PROTECT AND SERVE. Instead they swept the facts under the rug and a possible murder would NEVER had come to light if the family and the press didn't bring it forward to the public's eye.

Ps, Mrite, your wrote:
"So, if I understand you two, once a person makes a mistake they can not recover themselves and try to right it"
WHERE DID HE EVER ADMIT TO MAKING A MISTAKE? You assume too much. Once again, he's like a spoiled brat who got caught sneaking out to party when there was work to do. Why would voters in that county put up with such an arrogant and egotistical child who bullies those who turn them in for doing something wrong?

The ONLY way I would say he was trying to make things right is to publicly apologize.

Krissy3

If he or Sandusky County's Sheriff's Department had apologized to the family for the mistakes that they undisputably made, maybe they would have more credibility. Even O'Connell makes excuses for the department in his original interview with the family. His excuse is that "road cops" responded to the scene and didn't know what to do. Add to that the fact that Sandusky County refuses to let the Ohio A.G. step in to do an independent investigation. Why not if there is nothing to hide?
This family has been treated like garbage for 14 months simply for trying to find out the truth about their sons death. Not once has anyone from the County apologized or empathized with this family. Now he is threatening to prosecute them for not doing things on his terms. Ask yourself why he would insist on Wecht turning over the tissue sample to O'Connell. The family has offered to give them another half of the sample but he calls this tampering with evidence, although they already have the other half. The family has offered to have Dr. Wecht present while Dr. Beisser examines the tissue sample, but Henry will not hear of this either. The family has been more than willing to come to a compromise for Dr. Beisser to examine this tissue sample but it's his way or no way. His solutions in this case have been nothing but bullying, threatening, victimizing, and not commenting.
The department has lied to this family repeatedly, failed to preserve evidence, forced them to pay for their own autopsy, and failed to let an independent investigation be done.
Add to that the fact that Henry has something to lose by acknowledging that this was a homicide because he is representing Wukie in a civil case. He has a direct conflict of interest in this case and it is directly impacting the outcome of a criminal investigation, yet mrite thinks that it is okay. The whole point of a special prosecutor being brought in on this case was for unbiased representation.
ABA rule of professional conduct 1.7a states that an attorney must consider possible conflicts of interest when taking on a client. It is ironic that Henry calls everyone else unprofessional, but refuses to acknowledge his own violations. Reflecting much Henry?

Detrain

Well said rich and krissy.

mamaC

Dean, It is pretty SAD YOU make threats to the family as they are putting their son to rest for a THIRD TIME!!!! Why don't you arrest Shannon on Mothers Day and show everyone what your TRUE Character is! #JusticeforJake

mrite

Any news on the Jimmy Hoffa case?

gene44870

Unbelieviable . Are you telling me that you agree that this was murder after all this time?

GOOD LUCK IN CONVICTING THE PARTIES RESPONSABLE

I know if I were sitting on this jury I would have to wander if the ones on trial are guilty or escape goats for Sandusky County .

Iam not saying that this is murder , the only thing that I can say is that there is more to it then meets the eye and because of the way it was investigated from the start.
And as Henry is tring to force the doctor to give sandusky county the only possiable evidence to make this a muder leads me to believe Henry is tring to cover up . I mean comoen They were all ready givin a piece of the sample taken , why cant he just man up and admit that this could be a murder and not what they ruled it to be back in march of last year .
Why didnt Sandusky County due what needed to be done to reafirm what they stated when they said he killed himself either by suicide or accident ?
You know when it comes right down to it , I have to ask is he going to be the one that i going to be tring this case if and when it comes to that?
As far as I can see he shouldnt be , he should be called as a witness and if thats the case he can not try it . and like I said , IF IT COMES TO THAT
Its a matter of conflict of intrest not to mention it wouldnt make sense .

Pages