Attorney asks jury to reconvene

Polygraph exam of third witness showed he was not being truthful.
Jessica Cuffman
Dec 5, 2013
Unanswered questions.

A failed lie detector test.

A family still grieving for their lost son.

The family of Jacob Limberios, 19, who died March 2, 2012, from a single gunshot wound to the head in a York Township home, is unsatisfied with the findings of a grand jury probe and the Ohio Attorney General’s investigation into his death.

Last month, the grand jury and the Attorney General’s office both issued reports stating Limberios shot himself in the head, an accident possibly caused by a gun defect.

Attorney Dan McGookey, representing Jacob’s parents, Mike and Shannon Limberios, asked the Attorney General’s office this week to reconvene the grand jury to hear testimony from the three witnesses to Limberios’s death.

But the plea will go unanswered.

In a statement from spokesman Dan Tierney, the Attorney General’s office said there is no legitimate cause to reconvene the grand jury.

“Any accusations that persons did not testify before the grand jury are conjecture and cannot be verified by an official source,” according to the statement. “While we cannot comment on what was presented to the grand jury, the information provided by Mr. McGookey represents existing evidence and testimony that was part of our previous BCI investigation, and provides no legitimate cause to reconvene a grand jury”

McGookey’s request came on the heels of knowledge not previously made available to the family: that a third witness had, in fact, taken a polygraph examination and investigators found he was not being truthful.

Sheriff’s office investigators previously disclosed two of the witnesses had also taken polygraph examinations and were found to be truthful in the statements they made to police in July 2012. The third witness did not take the test then.

According to documents from the Ohio Bureau of Criminal Investigation, however, that witness agreed to take the exam in August 2013, after BCI officials took over the case from Sandusky County, when a visiting judge asked the Attorney General’s office to step in as special prosecutor.

The revelation of a third witness’s failed exam, coupled with results from additional polygraph tests the other two witnesses gave during a filming of the “Dr. Phil” show that aired last month, spurred McGookey’s request this week to re-open the investigation.

“It is incomprehensible how you could rely on an unsworn statement of a witness who your own agency determined to be lying, and the statements of the other two witnesses who were determined to be highly deceptive,” McGookey said in an email to the Attorney General.

“This is even more shocking when considering the fact that your office chose not to let the grand jury members even see or hear from these witnesses themselves, giving the members the chance to determine their credibility” he said.

Grand jury proceedings are guarded, held behind closed doors, and records are sealed after each meeting. In this case, visiting Judge Dale Crawford also chose to seal the subpoenas issued to the 55 witnesses who appeared before the court.

But Limberios family members and friends sat outside the courtroom for much of the proceedings, and they never saw the three people who witnessed Jacob’s death.

Meanwhile, McGookey and Justice for Jake supporters are not ready to accept the findings of the Attorney General’s investigation.

“We call on you to complete an investigation, which is clearly unfinished,” McGookey said. “Mike and Shannon deserve to know the truth as to what happened to their son. We believe that by any objective standard, there is reason to believe that they have not gotten it”

Comments

Jmschmidt812

You can't have it both ways. The original polygraphs given to the first two were said to unreliable because the type of polygraph used. And now you want people to believe that since third witness took the same type of polygraph, that one should then be considered reliable. Doesn't work that way folks. It is either reliable for all or unreliable it's that simple. You can't use those tests to fit your needs. The polygraph that was given on the Dr. Phil show can't be, and shouldn't be, used as proof either. Dr. Phil's expert had the opportunity to review the states polygraph exam, and as far as I know the state wasn't given the same opportunity to review his tests. So AGAIN you can't have it both ways

Ctwhalers

Starryeyes there side can prove alot can yours? Do not think they can. How do you know the third one took the same lie detector test as the rest cause he failed it and the others supposedly passed there's. I am sure AG's ooffice made sure he took the right test compared to the other two. You seen to know to much about those kids just saying.

Jmschmidt812

It was administered by the state, and by what the supporters are saying he failed it. Now the other 2 " kids " were given a test by? You guessed it, the state. So one would assume it was the same test. I know nothing of these kids nor do I know anything of Jake. What I know is what is printed here and is suppose to be fact. You seem to think the entire blame should rest on the shoulders of SCSO. You couldn't be more wrong. Had it not been for the fact that this young man ILLEGALLY transported a weapon from one home to another there would have been no reason for an investigation. Had someone not BOUGHT the ammunition for him, this tragedy would not have happened. So start at the beginning of the night and place blame where it belongs. People keep saying he took the weapon over there to sell it. There is something extremely sketchy about someone selling a gun, or trying to sell one, on the middle of the night. I am in no way saying that this investigation wasn't botched. What I am saying is this ALL could have been avoided had the gun not been moved illegally, and he had not been able to obtain the ammunition. To me this scenario is exactly like the bar who keeps serving someone who is already drunk, then gets in an accident and kills someone. The bar is held responsible for not cutting the guy off and providing him alcohol. Whoever supplied the ammunition needs to be charged for giving it to him and contributing to his death.

starryeyes83

I don't have a side. The Burden of Proof is on the family.

Why do all you idiots think people are on "sides". I'm an observer. I NEVER KNEW THESE PEOPLE EXISTED TILL THE KID SHOT HIMSELF! And it was all over my paper and tv.

The AG findings are final. What part of that don't you comprehend?

Jack518

It has bothered me that the father of Jake has wondered what he was going to tell Ella about her father's death. He really should be consulting Ella's MOTHER about that. She is the one who should be doing all the explaining, not him. After all, she is the mother and it is her responsibility, not his. With the difficulty he is having in accepting even the AG's findings, perhaps he shouldn't explain anything to his granddaughter.

This ongoing search is really getting old fast. My sympathy for their loss, but enough is enough. The time for investigation was at the time of death, not this ongoing witch hunt. How many more times does this family need to hear the same thing?

Because a deceptive lie detector test is reached does NOT mean someone is guilty of conspiracy, murder or anything else. They are NEVER going to tell him what he wants to hear even if they ARE guilty as sin.

Either get some help to get over the grief or resign yourself to the fact that you will never know the truth. Not ever question has an answer. I learned that one the hard way.

Acceptance is the first step on the road to peace. It is time to take that step. May God go with you.

Ctwhalers

Jack if that was your kid what would you do? Yes there is an answer for the questions the family wants. The ones that need help are you that keep saying this should be done. The ones that show no compassion for this or the family.

Stop It

Ctwhalers
Thu, 12/05/2013 - 4:11pm

" I am done commenting you all make me sick. J4J"

Well?

BTW, your handle reminds me of a cat in heat. Just sayin'..:)

Ctwhalers

Yes I was yesterday today is a different story. My handle is for the old hartford whalers hockey team. You should follow your handle and stop It then.

Stop It

My handle is my attitude. It will not stop.

Julie R.

The AG's office issued a report that said (quote) Jacob shot himself in the head, an accident possibly caused by a gun defect.

Excuse me, but if they did an investigation, why are they taking a guess? In addition, if they really thought that was the truth, shouldn't they be concerned that there just might be thousands of more guns out there with the same defect? Obviously, not even the gun manufacturer is concerned or I'm sure there would have been a recall. Also, considering it's on record that the gun defect crap came from DeWine's office, why isn't McGookey going after the gun manufacturer?

Ithink

You people are ridiculous!! As a parent, I would go to the ends of the earth to find out the TRUTH about my child's death. I would think every other mother or father would do the same. Just because the AG's office made their findings does not legitimize the case, especially since evidence was not presented to the jury. The AG's office is not infallible. There are higher courts. And you bet your last penny I would not stop if it were my child. J4J&E

sandtown born a...

Every last penny and every last breath would be used trying to get the REAL TRUTH to come out. People just like to stir the pot and get a argument started evidentially they are one of the 3 liars or they live a boring life with nothing else to entertain themselves with.

starryeyes83

Why do you idiots keep thinking the rest of us are one of them You are as stoned or brainwashed as the rest of them.

The only ones who are stirring the pot is the Media. And but for the fact that most of the rest of us aren't buying the conspiracy garbage. That automatically makes us on "one side OR another". There are no sides.

Most of us don't have a dog in this hunt, But the "supporters" are so rabid that they think we do.

You're nuts and it kind of makes me wonder what kind of drugs and or Kool aid was passed out at those J4J rallies.

Ithink

I am a staunch supporter of Mike and Shannon Limberios. I have never used the words 'conspiracy' or 'cover-up' when referring to the AG's 'investigation'. I simply stated that I would not take their 'opinion' about what supposedly happened to a dead young man, without ever introducing failed lie detectors or producing witnesses that were present that night, to the grand jury. I haven't had any Kool-aid while in this metropolis called Castalia; and am certainly not brain-washed. I am a parent who would not rest until every pebble on this earth was overturned if this were my child. For those of you sick of this story--turn the page, don't read any more articles, and go on about your lives. Seriously, it wouldn't hurt our feelings.

Jmschmidt812

6 out of 8 pathologist came to the same conclusion. The supporters called for the AG's office to take over so they could get the truth. Now that the AG's office has produced it's findings, it still isn't the truth based on the supporters OPINION, not by fact. And then the supporters go as far as saying that the AG's office is part of this conspiracy theory. It's a far fetch for anyone to believe that the AG's office would cover up something like this in the bustling metropolis that is Castalia. It's time to take a step back and reevaluate this entire case. Start with what led up to shooting and how and why he would move a gun to supposedly sell to someone in the middle of the night and go from there

pizon

so many questions, so sad

red white and blue

Starreyeyes AKA brittany^^ you talk a lot about people on drugs, koolaid? Whatever that means. Your awfully sperratic and paranoid maybe you should look in the mirror.

JudgeMeNot

You have to forgive Starreyeyes. She is still bitter from the drunken night she lost her virginity in the backseat of a 69 Chevelle.

starryeyes83

OH, now Judgie, why would you say I'm bitter? You are way Off topic and base ... But since you brought it up - I'll clarify. Since I'm not a drinker, I remember that night very well, Lets see it was a warm night at a lovely beach house. Oh, and the song "starryeyes" By Motley Crue was playing on the stereo. We had a good time. Enough said.

You sound awfully bitter or jealous yourself. '69 Chevelle ? (hmmffph) He at least had the good sense to own a Roadrunner :)

:) :)

Now Back on Topic.

Sal Dali

Seriously, to those who are tired of reading about this family's fight to find out what happened to their son after the only other three people present when it happened failed polygraphs...move on. Everyone else is also tired of seeing your endless and heartless sarcasm. It is a fishy story on the witnesses part (for the first time now they say he was scratching his head with the gun?)and mighty convenient for the AG to find the firearm had a defect, a defect unique to that particular firearm, meaning the ONLY one that had that defect out of the entire lot manufactured. RIGHT. Wanna buy some nice swampland in Florida? Only one lot left...hurry hurry. Show some respect and compassion. What makes you think your opinion is so important to anyone who cares anyway? It is an annoyance and nothing more. They have lost their loved one. Be grateful this hasn't happened to your family. How would you feel if it did? Would you want people to ridicule you or talk junk? They are the ones who have an empty seat at the dinner table every night, not you. They are the ones that will never see or hug their son again, NOT YOU. People who lack compassion are the reason society is so screwed up. If the witnesses want people to believe them, maybe they should try telling the truth or stick to the same story when they're partying with the few friends they still have left. Lay off the father; he is Ella's grandpa and has every right and probably the mothers permission and blessing to explain to Ella considering her sister was present when it happened. I read in another paper Brittany thought she was being reconciled with her sister on the Dr. Phil Show...Ella's mom must have her doubts about their story as well. I don't have a dog in this race either but I sure as heck don't want this to happen to anyone else.

White Owl

The entire matter should have been presented to federal authorities months ago as part of a request for an official misconduct investigation. The purpose of the state grand jury was to inquire into the cause of death NOT whether there was misconduct or wrongdoing in the investigation. Thus, the witnesses did not need to be called because the state presented their statements as given to the LEOs who interviewed them

I'm wondering if a foreclosure attorney with little criminal experience is qualified to adequately pursue the case and if the Limberios family interests are best served by their son's death being blog fodder. The presentation is very unprofessional.

(Updated at 10AM) The issue of the SR misusing the power of the press in conjunction with attorneys to improperly influence court cases was recently raised in another story line. The comments on "Zinc owners fight eviction" appear on the Top Comments list but if one clicks the story the comments do not appear. This may be a result of several posters pointing out the SR was omitting relevant facts from court records (that are readily available and could have been posted as part of the story) to paint a misleading impression of one party at the expense of the other party.

Again, IMHO, the SR is no longer helping the Limberios family cause by encouraging uninformed comments on a complex legal matter but is sensationalizing a story line to generate revenues. It's unprofessional conduct by both the paper and legal counsel

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