SIDNEY – A court ruling by a special appointed judge has denied former Shelby County Sheriff Dean Kimpel from withdrawing his guilty plea to a charge of his improper use of a computer in 2012. It was ruled the state did not withhold vital information that Kimpel claimed would have prevented his plea and case outcome.

Filed July 27, the ruling of Judge James Brogan, a retired judge of the Second District Court of Appeals, appointed by the Ohio Supreme Court, was filed in Shelby County Common Pleas Court. He refuted claims that Kimpel was the victim of “manifest injustice” (an involuntary guilty plea).

On May 12, a daylong hearing focused on a vital piece of evidence used in a sexual battery investigation against him during the same time as the computer offense. Kimpel claimed the evidence was misused to coerce a guilty plea from him for the computer use offense.

Throughout the hearing, attorneys and witnesses, debated the existence and availability of a video interview with an alleged victim regarding her credibility, in the sexual battery case in Auglaize County. Brogan approved a request from defense attorney Jeremy Tomb, of Troy, to compel officials of the Auglaize County Sheriff’s Office to provide copies of the videotaped interrogation.

The defense claimed the state withheld the video that would reveal inconsistences in testimony that led the guilty plea. They touted the alleged victim was preparing a civil lawsuit against Kimpel and that her testimony was a “character assassination.”

During the May 12 hearing, Tony Kendall, of Miami County, assistant special prosecutor in the original case, testified he did not find a written investigation report or the video in question when he received the evidence file from Auglaize County.

The state responded that all investigations, testimonies, and plea negotiations did not constitute a withholding of vital evidence. Prosecutors cited caselaw of Brady vs Maryland.

Judge Brogan renders decision

In his ruling, Brogan wrote, “The court finds ridiculous the assertion by the State that this Court need not consider any alleged Brady violation, as it applies to the Auglaize County indictment, because that charge was not pursued by the State. That charge was, however, used as a bargaining tool to obtain the defendant’s plea to the reduced charge in Shelby County.”

Brogan continued, in part, “This Court agrees with the State that the defendant has failed to demonstrate he has been a victim of a ‘manifest injustice’.”

The judge stated the alleged victim “gave statements consistent with her prior statements about her sexual encounter with Kimpel. He also noted Kimpel was “able to obtain a significant reduction in the original charges” in the computer case.

Brogan said Kimpel’s comment in using the state computer to find the alleged victim’s address of “probably not” the proper thing to do.

The judge ruled he found no evidence prosecutors withheld any Brady material from Kimpel and denied the motion.

Defense attorney calls ruling a “close call”

On Sunday, Tomb told the Sidney Daily News, “I have not had the chance to review the decision with my client, but I can tell you that I think Judge Brogan’s written decision appears to demonstrate that he found it a ‘close call’.”

Tomb continued, “The judge’s ruling is based upon the law that was in effect at that time. I’m not suggesting he (Brogan) was incorrect, but the standard of proof for a defendant under that standard is much higher than what the current standard requires.”

“Mr. Kimpel and I knew that going into the hearing, but we believe that if the prosecutor (Kendall) that handled the case testifies that he believes that a defendant had an absolute right to that information, then it should have been overturned.”

Aaron Lowe, assistant Shelby County Prosecutor, was unavailable for comment Sunday.

On April 13, 2012, Kimpel pleaded guilty to one count of unauthorized use of a computer through his then-attorney Michael Rumer, of Lima. The charge of unauthorized use of computer, cable, or telecommunications property, a felony of the fifth-degree.

He was accused of using the Ohio Law Enforcement Gateway (OHLEG) to illegally look up individuals for personal purposes.

Later that year he resigned as sheriff and was fined and sentenced to two years of community control for the offense. A charge of sexual battery against him in Auglaize County was dismissed, as part of a plea agreement.

The defense claimed the prosecutor’s office (of Miami County) was only willing to dismiss the sexual battery case if Kimpel took a plea in the Shelby County case.

Tomb has claimed the only evidence in either of the cases against Kimpel was the statements of a thoroughly discredited former employee who had recently been fired by the sheriff’s office.