06/11/12

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PUBLIC RECORD

Sidney Daily News, Monday, June 11, 2012

REACTIONS

Many allegations

insist on pursuing it.” Regarding the law enforcement computermisuse case against Kimpel, Nasal said two cases were dropped because of technical difficulties in identifying the people Kimpel allegedly looked up for personal reasons. He said one case was dropped because they believed the woman had asked Kimpel to look her up in the system, and in another case they could not locate the alleged victim. Nasal responded to Kimpel’s comments that he did not know he was doing anything wrong when he chose to look up individuals for his own personal use. “That’s bull pucky,” he stated.

‘Powerful tools’ “Technology, particularly criminal-justice technology and information exchange, has given the government powerful, powerful tools to invade the privacy of everyone’s everyday life. Their most innocent and personal actions may be subject to official review,” Nasal said. “To have an elected official abuse his access to infringe upon the privacy rights of everyday U.S. citizens is not only egregious, but incredibly frightening. Prosecutors and law enforcement personnel have a particular responsibility to guard against any misuse of that exceptional power.” Nasal said he was thankful to have the assistance of several people during the investigation and prosecution of Kimpel’s case. He particularly cited Lt. Jim Frye of the Shelby County Sheriff ’s Office. He said Frye, “at great professional, if not personal risk … took it upon himself to provide me with information about individuals involved that made him no small target within the community.”

“There were numerous, numerous allegations about a whole range of conduct, each of which had to be run down to see if it had any merit. We ran into a lot of dead-end streets where nothing turned up or there was insufficient evidence to proceed at that time. Those are the kinds of things that seem to make an investigation last forever.” Nasal said there were a “multitude of things” that occurred during Kimpel’s tenure as sheriff that “would constitute policy and violabest-practices tions, but that were beyond the scope of my charge as special prosecutor.” Nasal said he believes current Sheriff John Lenhart and his administration are “looking at all of those (policies and procedures). They’re trying to make a shift in the environment to a more posiAlso cited tive, more transparent” He also cited First operation. Assistant Prosecutor Auglaize case Tony Kendell of his ofSpeaking about the fice, Ohio Attorney Genmost difficult aspect of eral Mike DeWine, the cases, Nasal said it Superintendent Tom was “trying to deter- Stickrath at the Ohio mine what to do with Bureau of Criminal Inthe Auglaize County vestigation and Identificase. It’s very difficult cation and Special when you have a case Agent Todd Brown of that has the merit to be that office. presented, but has the “Both men (Frye and potential to truly harm Brown) are consummate a victim or victims if you professionals,” he said.

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From Page 1 Nasal addressed the issue of having Kimpel repay his salary and possibly other money to the county. “Although the enforcement of those provisions is beyond my charge as special prosecutor, I believe Shelby County authorities will be following up on that issue,” he said. Nasal also talked about the law that allowed for Kimpel’s suspension from office. Nasal is the first prosecutor to use the law to have a sheriff removed from office. “I think it’s a new law and a valuable one in terms of protecting the accused and the public,” he said. “It was certainly a learning experience being the first to use it. I think there will be legal challenges to it in the future; I think it will withstand constitutional scrutiny.”

‘Ethics’ “When you elect (public) officials through the democratic system, you hope and pray you’ve elected people with the ethics they displayed during the election process,” Nasal said. He noted the process is not perfect, as evidenced by the Kimpel cases. Sheriff John Lenhart also spoke out about the cases and his reaction to the outcome. “I’ve done political corruption cases statewide — village, township, the county and state officials — and this is no different than the rest. I guess I am saddened because it erodes the public trust in government,” Lenhart said. He noted that law enforcement officers are taught there are three aspects to the criminal justice system: enforcement, prosecutor and judicial. “We were trained to do our part; the rest of it is up to the prosecutors and judicial,” he said.

Cost to county Lenhart addressed the amount of money that Kimpel’s case has cost the county. “We need to recoup every cent we can,” he said, making special reference to salary Kimpel continued to draw while under suspension. Lenhart said he is operating the Sheriff’s Office at a 2001 budget level, has a $1 million shortfall and is operating with the same number of employees he had when he served 20 years ago. Lenhart said he understands that Shelby County Prosecutor Ralph Bauer will be attempting to recoup the money for Kimpel’s wages “and I would hope they go after court costs and his retirement. I think the answer is he (Kimpel) owes Shelby County for those expenses that were incurred because of him.” “All of us are glad this is behind us,” Lenhart said, noting he is “looking forward to moving forward.” Lenhart said he and his employees have been working to develop “additional checks and balances — and hopefully we will avoid this kind of thing in the future.”

For photo reprints, visit www.sidneydailynews.com

SDN Photo/Luke Gronneberg

FIREFIGHTERS FROM Anna, Botkins and Kettlersville-Van Buren Township extinguish this barn fire at 10293 Hardin Pike in Auglaize County early Sunday morning. Firefighters were called to the blaze at 1:48 a.m. The structure, which was destroyed by the blaze, was razed by heavy equipment (background in photo). No one was injured and no loss estimate was available at press time Sunday. Fire investigators are continuing their investigation of the blaze.

COUNTY Sheriff’s log SUNDAY -1:30 a.m.: fight. Deputies responded to Lake Loramie State Park, 4401 Fort Loramie-Swanders Road, on the report of a fight at the overflow campgrounds. No details were available. SATURDAY -8:46 p.m.: gunfire.

CITY

RECORD A deputy responded to 10961 Comanche Drive in Washington Township to investigate a complaint someone was shooting in the area. -7:08 p.m. drugs. A deputy responded to the county jail, 555 Gearhart Road, after drugs were found in a pod cell. -4:24 p.m.: suspicious person. Deputies dispatched to were Lochard and Wells roads

in Dinsmore Township to investigate a complaint concerning a peddler.

Fire, rescue SUNDAY -9 a.m.: medical. Deputies and a city of Sidney medic unit were dispatched to the 16800 block of Deam Road to check on a subject who was hallucinating.

RECORD

Fire, rescue SUNDAY -9:21 a.m.: medical. Sidney paramedics responded to a medical call in the 1600 block of Deam Road. -6:37 a.m.: medical. Paramedics were dispatched to a medical call in the 200 block of West Pinehurst Street. SATURDAY -11:16 p.m.: medical. Medics responded to the 200 block of North Walnut Avenue for a medical call. -8:22 p.m.: medical. Paramedics responded to the 2400 block of Michigan Street for a medical call. -5:55 p.m.: medical. Medics were dispatched to a medical call in the 100 block of North Ohio Avenue. -5:55 p.m.: invalid assist. Paramedics re-

sponded to the 300 block of Russell Road to assist an invalid. -5:34 p.m.: accident. Medics were dispatched to a traffic accident at Brooklyn Avenue and East Court Street. -3:37 p.m.: medical. Paramedics responded to a medical call in the 1600 block of Deam Road. -1:51 p.m.: medical. Medics responded to a medical call in the 100 block of West Poplar Street. -11:19 a.m.: open burning. Firefighters responded to 891 E. Court St. on an openburning report. The fire was illegal. -11:17 a.m.: false alarm. Firefighters were dispatched to the 2400 block of Industrial Drive for what proved to be a false alarm. -10:03 a.m.: medical. Paramedics re-

sponded to Interstate 75 mile marker 85 for a medical call. -8:29 a.m.: medical. Medics responded to a medical call in the 100 block of West Poplar Street. -1:48 a.m.: medical. Paramedics were dispatched to the 1600 block of Deam Road for a medical call. -1:21 a.m.: medical. Medics responded to a medical call in the 600 block of Mohican Court. FRIDAY -7:56 p.m.: medical. Paramedics responded to a medical call in the 800 block of Merri Lane. -6:07 p.m.: medical. Medics responded to the 500 block of Buckeye Avenue for a medical call. -5:51 p.m.: medical. Paramedics were dispatched to a medical call in the 2500 block of North Kuther Road.

World Blood Donor Day set DAYTON — Community Blood Center (CBC) will join the World Health Organization (WHO) in marking Thursday as World Blood Donor Day. Events are planned around the world to raise awareness of the need for safe blood and blood products and to thank all voluntary, unpaid donors for the gift of life. The theme of the 2012 World Blood Donor Day campaign is “Every blood donor is a hero.” It recognizes the unsung heroes who save lives every day through their blood donations, and encourages more people around the world to donate blood voluntarily and regularly. Nexcare Brand, in partnership with CBC and America’s Blood Centers, is again sponsoring the Nexcare give program in recognition of

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“I am ecstatic that the end result was to remove a person from the highest law enforcement job in the county, who by his conduct was clearly unfit to hold the same,” Nasal noted. He said that of all the cases he tries, he dislikes public corruption most of all. “Next to child sexual cases, I abhor public corruption cases,” he said. Nasal also addressed why it took nearly two years to resolve the cases. “Two things were happening when this thing came to light. There was a criminal investigation and civil or administrative action(s) were being taken,” he said. “Each of those involved a different investigating agency. Each involved different legal advisers and it took a while to separate those things, re-group, refocus and then begin anew on each specific area.

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