September 23, 1999
Judges want two sheriff employees recommissioned as deputies
By Jefferson Wolfe
Staff Writer
Seneca County's common pleas judges have asked a special prosecutor for the sheriff to look into recommissioning as deputies two sheriff's office employees working for the courts.
Judge Steve Shuff said he and Judge Michael P. Kelbley spoke with Special Prosecutor Don Guernsey Wednesday. Guernsey is representing Sheriff H. Weldin Neff in matters pertaining to the indictment against Neff, Administrative Assistant Barb Gracemyer and Lt. James Browning.
Maj. Tim Thwaits, Seneca County Jail Administrator Capt. Dennis Brady and jail administrative assistant Nancy Porter were placed on administrative leave when Neff's trial was halted in December. All three were assigned to the courts, starting this week. Thwaits and Brady have been providing court security, while Porter has been assigned to the title office.
Neff recently revoked the deputy sheriff commissions of Thwaits and Brady but said they could be restored. Shuff said Thwaits and Brady would have greater powers in the courtroom if their commissions were restored.
As it is, they can detain people and provide other court duties.
The fact that both are experienced, trained peace officers is an asset to the court security, Shuff said. If they were recommissioned as deputies, they would have a greater latitude in what they can do &emdash; arrest someone, for example, as well as detain them &emdash; the judge said.
They cannot be appointed criminal bailiffs by the judges without being placed on the judge's budgets, and, according to the agreement between the sheriff's office and the judges, they are to be paid by the sheriff.
Neff is charged with seven counts of intimidation and three counts of theft in office. Gracemyer is charged with one count of each. Browning is charged with one count of intimidation.
The trial stopped because of an appeal by Special Prosecutor Terry Hord.
Porter, the jail administrative assistant, citing Fifth Amendment rights, refused to testify when she was asked about an alleged improper document shredding incident that happened in the days after Sheriff Carl Runion died. Visiting Judge Steve Yarbrough did not order her to testify and Hord appealed the ruling, halting the trial.