Updated Hamilton County (Ohio) Brady List

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This document outlines various incidents of officer misconduct including violations of rules regarding dishonesty and use of excessive force as well as criminal convictions.

Officers Kevin Butler, William Springer, Freddie Vincent, Aaron Kodish and Jose Laboy-Laviena were among those found to have violated rules regarding dishonesty.

Officers Richard Frey Jr., Rebecca Napier, Rodney Pompey, Jeanette Whitehead, Orlando Smith and Jose Laboy-Laviena were among those with criminal convictions outlined in the document.

Report Updated: 12/19/2017

MANDATORY DISCLOSURE OF IMPEACHING EVIDENCE TO PROSECUTORS


Per Brady and Giglio, this information must be disclosed to defense counsel in discovery

Officer’s Name & Badge No. Date(s) of


Municipality Findings Date & Disclosed to Defense
Incidents
IIS of CPD found Kinney DISCLOSURE: Beginning Feb.
used Excessive Force 2013. Bill Breyer prepared a brief
(against Dewayne White) write up for Prosecutors to use. See
William Kinney, P369 CPD 11/18/2009
1. and Kinney also doc. #00416319.
sustained a Rule 5.01 *Media articles (Fox 19 & Cinti
Dishonesty Violation Enquirer) also written about this.
Rule 5.01 Dishonesty DISCLOSURE (As of Feb. 2013) See
Kevin Butler, P128 CPD 11/18/2009
2. Violation doc #00416319
*Internal Investigation DISCLOSURE: HCPROS Memo
Report of Acts of sent 4/12/12 to all criminal
Dishonesty dated prosecutors informing them of
3. Springfield Prior to
Tom Campbell 3/26/2012 violation and officer’s termination.
Twp. PO 3/26/2012
*Terminated by
Springfield Township
effective 4/4/2012
DISCLOSURE: *HCPROS Memo
P.O. Roos indicted sent 8/23/2012 to all prosecutors
federally in August 2012 alerting them to possible discovery
North
4. for his involvement in issues with this officer. *In October
College Hill
Bryon Roos 8/21/2012 Marijuana trafficking 2013 Roos sentenced to probation in
Police
conspiracy/money federal court (No. 1:12-CR-080-11) to
(formerly)
laundering scheme (11 Ct. 14 of indictment, and agreed to
total charged) resign his position as a police officer
and not seek reinstatement.

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 1


Report Updated: 12/19/2017

Officer’s Name & Badge No. Date(s) of


Municipality Findings Date & Disclosed to Defense
Incidents
DISCLOSURE: Ward sentenced
*Convicted of 11/7/2012 to 180 days suspended,
misdemeanor Assault in Community Control with anger
Case No. management treatment. *Ward also
8/11/2012 C/12/CRB/346661 resigned from Norwood Police
Norwood PD and against Denise Diallio in Department.
5. Robert “Bobby” J. Ward
(formerly) November his capacity as a *2/19/2013 – Ward was
2011 Norwood police officer. subsequently sued in federal court
Special Prosecutor Keith by Claude Henderson claiming
Schneider appointed to police brutality over a November
handle this matter and 2011 incident also caught on
any subsequent matters. Norwood Police surveillance video.
 Internal Investigation  3/31/2014, DISCLOSURE as to
determined Officer Excessive Use of Force.
violated Section 1.3.1 Prosecutor to present facts to trial
unreasonable amount judge for determination as to
of force; Section 1.3.1.0 relevant use of force.
l regarding limited  3/31/2014, Non-Disclosure as to
used of neck force; and Dishonesty as there was no
6. Springfield
Jeremy Trentman 11/22/2010 Section 26.1.1 dishonesty finding. Per Bill
Township
mistreatment of Breyer, as to U.S. Asst. Attorney’s
persons in custody determination as to Dishonesty
(involving incident at finding and subsequent
Township Police disclosure, this office disagrees
Station subsequent to and believes finding of Internal
arrest of Dominique Investigation as to dishonesty
Hill.) more credible.

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 2


Report Updated: 12/19/2017

Officer’s Name & Badge No. Date(s) of


Municipality Findings Date & Disclosed to Defense
Incidents
 Sept. 27, 2013, incident
involved overtime 6/2/2014, DISCLOSURE as to
compensation abuse. untruthfulness in three interviews,
Internal investigation and prior allegation of
revealed Wong untruthfulness from January 2011.
“untruthful”
throughout 3
interviews; he was
subsequently
9/27/2013;
terminated.
7. Sharonville and
Adam Wong  In January 2011
P.D. January
incident, Chief Schappa
2011
found Wong guilty of
“Competent
Performance”
involving a traffic light
camera citation.
 Adam Wong resigned
from Sharonville PD
6/2/2014, subsequent
arbitration hearing.
 Frey found Guilty of 9/9/2014, DISCLOSURE as to act(s)
Theft on 1/7/2014 in of dishonesty per Rick Gibson letter
HCSO - Harrison Mayor’s to Sheriff Neil.
8. Richard L. Frey, Jr. Court 10/26/2013 Court Case No.
Services 13CRB00101
 Terminated by HCSO
on ____________??

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 3


Report Updated: 12/19/2017

Officer’s Name & Badge No. Municipality Date(s) of Findings Date & Disclosed to Defense
Incidents
 Found Guilty on 8/21/2014, DISCLOSURE per letter
6/3/2013 under from Mark Piepmeier to Sheriff Neil.
C/12/TRD/52825(A)
(Reasonable Control) but *Civil Pros. Kathy Bailey handling
Acquitted of (B) charge
arbitration appeal.
9. Gregory S. Sersion HCSO 10/20/2012 (Leaving the Scene).
 Officer Sersion
terminated by Sheriff Neil
 Later, arbitrator reduced
his termination to 20-day
suspension.
 Act of Dishonesty: Used
White-Out to change field
training form of another 5/13/2015, MANDATORY
officer and passed it off as DISCLOSURE per Phil Cummings.
his own. (Tampering w/
Records and
Falsification).
10.  HCSO charged him with
Michael Webster HCSO 02/07/2012
violation of department
rules and suspended him.
(Did not pursue criminal
charges.) Served 24-hour
suspension without pay
on 06/04/2012 for
“Conduct Unbecoming a
Deputy Sheriff.”

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 4


Report Updated: 12/19/2017

Officer’s Name & Badge No. Date(s) of


Municipality Findings Date & Disclosed to Defense
Incidents
 Guilty of Reckless
Operation (M-4). 05/13/2015, MANDATORY
[Original charge DUI, DISCLOSURE per Phil Cummings.
Offense: R.C. 4511.19 (M-1.)]
8/12/2012  Disclose as a criminal
11. Andrew F. Helsinger HCSO
Conviction: record of a state’s
11/08/2012 witness per Crim. R. 16.
Prosecutor can argue
minimal impeachment
value to judge at trials.
 Found guilty of OVI
under 05/13/2015, MANDATORY
C/15/TRC/4106(A) and DISCLOSURE per Phil Cummings.
Reasonable Control under
C/15/TRC/4106(B). Has
Arrest: driving privileges to
City of 01/24/2015 work 01/24/2015
Christopher MacMurdo
12. Harrison Conviction: through 07/24/2015.
02/09/2015 Disclose as a criminal
record of a state’s witness
per Crim. R. 16.
Prosecutor can argue lack
of impeachment value at
trial.
 Departmental finding
of dishonesty in 2002. 05/13/2015, MANDATORY
Resigned Redmond maintains DISCLOSURE per Phil Cummings.
13. Colerain
Joseph Redmond as of April his OPOTA certificate
Township
2015 and is eligible for
employment with
another agency.

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 5


Report Updated: 12/19/2017

Date(s) of
Officer’s Name & Badge No. Municipality Findings Date & Disclosed to Defense
Incidents
 Departmental Finding
of Dishonesty 05/13/2015, MANDATORY
 Currently in DISCLOSURE per Phil Cummings.
Terminated
Colerain arbitration. If he wins,
14. Nicholas McCarthy as of April
Township we still disclose
2015
because his own
agency made findings
of dishonesty.
(****Below names/incidents added to list 7/6/2016 by Phil Cummings/Appellate Division******)
Date(s) of
Officer’s Name & Badge No. Municipality Findings Date & Disclosed to Defense
Incidents
Plead Guilty to Deer
Regulation - Section MANDATORY DISCLOSURE:
Dennis Barnette 1533.11 of OAC1 - Minor Criminal Conviction of State’s
15. Badge # P19 CPD 2/11/15 Misdemeanor – Fined Witness. Prosecutor to Argue
District 4 $240 – Violation of CPD Minimal Relevance/Lack of
Rule 1.02 (Criminal Impeachment Value at Trials
Conviction)
Plead No Contest to
Attempted Tampering MANDATORY DISCLOSURE:
with Evidence – R.C. Criminal Conviction of State’s
2923.02 and Illegal Use of Witness. Terminated by CPD
16. Darrell Beavers
a Minor in Nudity
Badge # P193 CPD 6/30/2014
Oriented Material – R.C.
District 3
2907.323. Sentence: 1
Year ODC – Violation of
CPD Rule 1.02 (Criminal
Conviction)

1 Ohio Administrative Code

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 6


Report Updated: 12/19/2017

Date(s) of
Officer’s Name & Badge No. Municipality Findings Date & Disclosed to Defense
Incidents
Plead Guilty to 2 Counts MANDATORY DISCLOSURE:
of Unauthorized Use of Criminal Conviction of State’s
Property – R.C. 2913.03 – Witness. Retired from CPD
17. Jeff Brunswick
CPD 1/9/2014 3 Years Community
Retired
Control – Violation of
CPD Rule 1.02 (Criminal
Conviction)
Found Guilty of MANDATORY DISCLOSURE:
Operating a Vehicle Criminal Conviction of State’s
Under Influence of Witness
Alcohol/Drugs – R.C.
18. Ronald Childress
4511.33 – 1st Degree
Badge # S17 CPD 2/24/2015
Misdemeanor – 3 Days –
District 2
180 Days License
Suspension – Violation of
CPD Rule 1.02 (Criminal
Conviction)
Plead Guilty to Operation MANDATORY DISCLOSURE:
in Willful Disregard of Criminal Conviction of State’s
Safety of Witness. Prosecutor Can Argue
Persons/Property - R.C. Minimal Relevance/Impeachment
19. David Damico
4511.20 – 4th Degree Value
Badge # S4 CPD 6/17/2015
Misdemeanor – Fine – 3
District 1
Days Jail – Violation of
CPD Rule 1.02 (Traffic
Law -Criminal
Conviction)

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 7


Report Updated: 12/19/2017

Date(s) of
Officer’s Name & Badge No. Municipality Findings Date & Disclosed to Defense
Incidents
MANDATORY DISCLOSURE:
Plead Guilty to Operation Criminal Conviction of State’s
20. of Willful Disregard of Witness. Prosecutor Can Argue
Safety of Minimal Relevance/Impeachment
Michael Fern
Persons/Property - R.C. Value
Badge # L48 CPD 10/20/2014
4511.20; Speeding – R.C.
District 1
4511.21 – Fine – 30 Days
EMU – Violation of CPD
Rule 1.02 (Traffic Law –
Criminal Conviction)
Plead Guilty to Section
333.02 Fairfield Municipal MANDATORY DISCLOSURE:
Code -Operation in Criminal Convictions of State’s
Willful Disregard of Witness. Prosecutor Can Argue
Safety – 1st Degree Minimal Relevance/Impeachment
1/2/2014 Misdemeanor – 6 months Value
21. Eric Gilbert
Non-Reporting Probation
Badge # P50 CPD
– Court Costs – Violation
District 4
of CPD Rule 1.02 (Traffic
Law – Criminal
Conviction)
------------- -------------------------------
6/18/2014 Plead Guilty to Disorderly
Conduct – No Penalty

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 8


Report Updated: 12/19/2017

Officer’s Name & Badge No. Date(s) of


Municipality Findings Date & Disclosed to Defense
Incidents
Plead Guilty to Disorderly
Conduct – R.C. 2917.11 – MANDATORY DISCLOSURE:
5/29/2014
$40 Fine + Costs – Criminal Convictions – Resigned
22. Kevin Jones Violation of CPD Rule Effective 8/24/2015
Badge # P920 1.02 (Criminal
CPD
District 3 Conviction)
Resigned 8/24/2015
Plead Guilty to 2 Counts
8/24/2015
Disorderly Conduct –
R.C. 2917.11
Plead No Contest to
Operating Under MANDATORY DISCLOSURE:
Influence Alcohol – R.C. Criminal Conviction
David Knox 4511.19 - $400 Fine +
23. Badge # P307 CPD 8/22/2014 Costs – 6 months
District 3 Community Control –
Violation of CPD Rule
1.02 (Criminal
Conviction)
Found Guilty in Campbell
County, KY of Possessing MANDATORY DISCLOSURE:
Open Container – Alcohol Criminal Conviction (Minor
Rebecca Napier – Section 189.530 KRC - Misdemeanor)
24. Badge # P960 CPD 3/20/2014 $100 Fine – 6 months
District 1 License Suspension –
Violation of CPD Rule
1.02 (Criminal
Conviction)

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 9


Report Updated: 12/19/2017

Officer’s Name & Badge No. Date(s) of


Municipality Findings Date & Disclosed to Defense
Incidents
Found Guilty of
Operation in Willful MANDATORY DISCLOSURE:
Disregard of Safety – Criminal Conviction
Section 72.41 Springdale
25. Rodney Pompey Municipal Code – 4th
Badge # S95 CPD 2/5/2014 Degree Misdemeanor -
District 1 $250 Fine – 1 Year
Probation Non-reporting
– Violation of CPD Rule
1.02 (Criminal
Conviction)
Found Guilty of Income
Tax -Violation - Village of MANDATORY DISCLOSURE:
Mariemont Ordinance #0- Criminal Conviction
26. Jeanette Whitehead
17-3 – 1st Degree
Badge # P145
CPD ??? Misdemeanor – 4 Months
Telephone Crime Reporting
Probation + Court Costs –
Squad
Violation of CPD Rule
1.02 (Criminal
Conviction)
Altered Citation with MANDATORY DISCLOSURE:
27. Orlando Smith Intent to Mislead - Found to Have Altered Citation.
Badge # P432 CPD 4/10/2013 Violation of CPD Rule Involves Conduct Intended to
District 4 2.03(B) (Intentional Mislead
Report Inaccuracies)
Excessive Force – MANDATORY DISCLOSURE:
Phillip Penn Inaccurate Report on Use (As to Excessive Force Use)
28. Badge # P2 CPD ??? of Baton -Violation of Prosecutor to Present Facts to Trial
Central Business Section CPD Rule 1.23 – (Failure Judge for Determination as to
to Report Excessive Force) Relevant Use of Force

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 10


Report Updated: 12/19/2017

Dishonesty. Told MANDATORY DISCLOSURE:


North
Department He Was in Found Dishonest After a Hearing.
Aaron Kodish College Hill
29. 3-10-2016 Juvenile Court When He Violation of North College Hill
Police Officer Police
Was Not. 10 Day Policy (41.10)
Department
Suspension Without Pay.
Made False Statement to MANDATORY DISCLOSURE:
William Springer Investigators About Use Violation of CPD Rule 5.01 – Made
30. Badge # P578 CPD 9/1/2013 of Force - Violation of False Statement (Knowingly)
District 5 CPD Rule 5.01 (Serious
Dishonesty)
Violation of CPD Rule MANDATORY DISCLOSURE:
Freddie Vincent
31. 2.03B – Submitted False Dishonesty. Filed False Report
Badge # P775 CPD 2/23/2015
Report Designed to
District 5
Mislead

(****Below names/incidents added to list 9/28/2016 per Phil Cummings*****)


Case No. B-1202358 - MANDATORY DISCLOSURE:
Indicted, plead and Criminal Conviction
convicted of Theft in
32. Office and Tampering w/
Jose Laboy-Laviena 3/28/2012
CPD Evidence acting in his
Former CPD Dist. 3 Officer 4/11/2012
capacity as a Cincinnati
Police Officer. (Preyed on
immigrants wanting U-
visa’s.)
*Case No. B1600259 – Def. MANDATORY DISCLOSURE:
Indicted for Theft in Criminal Conviction
Office (F5) and plead to
33. Joseph B. Simpson
CPD 12/27/2015 Attempt (M1) (Theft in
Former CPD Officer
Office) on 6/16/2016.
*Resigned from CPD but
still OPOTA certified

#467690 v3 Mandatory Disclosure of Impeaching Evidence to Prosecutors Page 11

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