Police chief, others on 'Brady list'

The chief and a lieutenant in the Put-in-Bay Police Department and three other Ottawa County police officers were added to a prosecutor's list of officers with a recorded history of misconduct or dishonesty. That list — called a "Brady list" — includes Chief James Kimble and Lt. Eric Seitz, according to records released to Ogden Newspapers by the Ottawa County prosecutor on Monday. "We have reached out to our law enforcement agencies and explained Brady and requested that they provide us with any information that could potentially be considered Brady," Ottawa County prosecutor James VanEerten said. A "Brady list" is compiled by a prosecutor's office or police department containing names and details of law enforcement officers who have a history of incidents involving untruthfulness, criminal convictions or other issues bringing their credibility into question. According to the county's Brady list, Kimble and Seitz were added to the list this year, joining three others already on the list. The Brady list named each individual and described why they were included: • Carl Rider, the former Ottawa County Drug Task Force Commander, in 2019. Rider resigned after being charged criminally with theft in office, falsification and unauthorized transaction involving a firearm by the Ohio Attorney General. He pleaded guilty to a count of attempted unlawful weapon transaction, theft in office and falsification and was sentenced to one year of probation. • Ottawa County sheriff's Deputy Amanda Cross, in 2017. Cross was suspended for falsifying her time card. • Sgt. Justin Smith from the Oak Harbor Police Department in 2022 for disciplinary history. He resigned from Erie County Sheriff's Office after he was allegedly intoxicated and accused of using a racial slur when speaking about Sandusky attorney Geoffrey Oglesby. Kimble resigned rather than be disciplined by the Wood County Sheriff after admitting dishonesty during an internal investigation, according to records in his personnel file. In March 2016, Kimble was accused of failing to comply with code of conduct policies including untruthfulness and unsupportive behavior toward other deputies. He was allegedly spreading rumors about other deputies being caught in a compromising situation by a Bowling Green police officer. The investigation into Kimble started in May 2016. The administrative charges against him were sustained, stating "Sgt. Kimble made the decision to be dishonest on four separate occasions during an internal investigation," according to the documents in his file. He resigned from the Wood County Sheriff's Office on May 8, 2016. Kimble, village law director Susan Anderson and village Mayor Jessica Dress did not respond to questions about the Brady list. Seitz was added to the list for a prior criminal conviction in South Dakota for deception to obtain dangerous drugs, a misdemeanor. In 2013, The Jamestown Sun reported Seitz pleaded guilty to obtaining hydrocodone from different medical practitioners at the same time, accepting a plea deal that dropped two other charges. He was sentenced to 60 days of unsupervised probation, ordered to pay $300 plus court and prosecution costs and get a chemical dependency evaluation. Following the trial, Seitz resigned as the Freeman, South Dakota police chief. Prior to this accusation, Seitz was also named a defendant in a lawsuit from December 2021 when two Put-in-Bay visitors accused him of false arrest and using excessive force. The prosecutor said that the Brady officers' past history, by law, must be provided to defense attorneys if they testify in court. "If and when any of those officers are called to testify at a trial, the material will be provided to the defendant and their attorney prior to trial commencing," VanEerten said. The term "Brady list" came after a 1963 Supreme Court ruling in Brady v. Maryland when John Brady was convicted of first-degree murder and sentenced to death but later remanded a new punishment after it was revealed the prosecution suppressed evidence that could have granted him a lesser sentence. The decision became precedent, known as the Brady Rule, requiring the prosecutor's office to disclose any exculpatory evidence — information that might prove helpful to the defendant — to the defense, including evidence affecting the credibility of law enforcement witnesses. While some officers on Ottawa County's Brady list are in leadership positions, VanEerten said those commanders won't necessarily be called as witnesses, as they are not the ones directing investigations. VanEerten said a Brady designation is something that should be considered when making hiring decisions, but it is not the only consideration. Ogden Newspapers is developing news coverage from across the six-county region. The paper also asked other prosecutors in other counties and the Ohio Attorney General's office for their Brady lists and is awaiting responses from: • Kevin Baxter, Erie County• James Sitterly, Huron County• Phillip Riegle, Hancock County• Derek DeVine, Seneca County• Steven Irwin, Ohio Attorney General's Office spokesman• Dave Yost, Ohio Attorney General