AND POLICE OFFICER PERSONNEL FILES

Case filed in Scioto County Common Pleas Court on September 24, 2003

Written by Doug Deepe - posted by Lincoln Dredger at 2:10 a.m. Friday, September 26, 2003

The Sentinel has filed a mandamus action in Scioto County Common Pleas Court to force Portsmouth Police Chief Charles Horner and/or the City of Portsmouth to release public records maintained in the normal course of business.

The Sentinel is seeking reports mandated by State of Ohio Law concerning the seizure of drug money and information on where the drug money went.

The mandamus action seeks copies of personnel files for six officers of the Portsmouth Police Department including Chief Charles Horner.

The Sentinel has been informed by sources that Portsmouth Police Chief Charles Horner permitted the officers we sought information about to review their personnel files and destroy anything in their personnel file that the officer didn’t want disclosed to the Sentinel.

Should the allegation of officers destroying information be proven, Chief Charles Horner may be held criminally liable.

The Sentinel began an investigation into the amount of money seized by local law enforcement agencies in April 2003. We received few records of substance from Police Chief Horner or Sheriff Marty Donini.

The Sentinel's continued search for the Drug Task Force money records resulted in the disbandment of the twelve-year-old Drug Task Force by Sheriff Marty Donini, Chief of Police Charles Horner and Attorney Rick Brown.

This was a big story.

The Sentinel reported the news on Tuesday, May 13, 2003. The Portsmouth Daily Times carried the news of the Drug Task Force break-up on Thursday, May 15, 2003 in a FrontPage article by Reporter Anna L. Mallory. TV Investigative Reporter Randy Yohe aired the story on WSAZ TELEVISION CHANNEL 3 NEWS.

No public news release of the collapse of the Drug Task Force was made until after the Sentinel had published the news. Sheriff Marty Donini was furious that the Sentinel had learned of the Drug Task Force break-up. He told the Sentinel he had wanted it to keep it secret from the public.

In reviewing the statutes set up by the Ohio Legislature the Sentinel learned that certain money seized by local law enforcement agencies was required by law to be spent on "community preventive education programs."

According to our mathematical calculations, over $45,000 was to be used on "community preventive education programs by the Portsmouth Police Department in fiscal year 2002. (This is only the City of Portsmouth’s contribution. Sheriff Marty Donini owed another $45,000 to the programs. Has anyone seen $90,000 in prevention programs?)

The Sentinel sent a certified letter to Portsmouth Police Chief Charles Horner on June 23, 2003 seeking the state mandated reports that he (Horner) was required by Ohio law to file with the Ohio Attorney Generals Office.

We also requested to view the personnel records of six Portsmouth Police Officers.

At the same time we sent our request to Chief Horner for copies of the Attorney General Report, the Sentinel sent a request to the Ohio Attorney General's Office seeking copies of the drug money reports from Chief Horner to the Ohio Attorney General.

On July 11, 2003, the Ohio Attorney General's Office notified the Sentinel that Portsmouth Police Chief Charles Horner and Scioto County Sheriff Marty Donini had not filed reports for any drug money seized in fiscal years 2000, 2001 and 2002 as required by Ohio law.

The Sentinel reporters went to the Portsmouth Police Department to ask for the Attorney General Reports we had requested. We also asked for the personnel records we had requested. We were told by Portsmouth Police Chief Charles Horner not to come back asking for the records. Chief Horner stated to us, "We will call you when your requests are ready to pick up." He never called.

The Sentinel waited over three months for Chief Charles Horner to produce the public records before hiring Attorney James Banks, of Dublin, Ohio to assist us in our efforts to obtain these records.

We did not want to sue the City of Portsmouth and/or Chief Horner but we were left with no other option. We just want access to the public records. This is the right of any person under federal and state laws.

IS THE MONEY GONE? WHERE DID THE MONEY GO?

Why is Chief Horner refusing to give us the information? Is he hiding something? Is the money missing? How much money is missing? Did someone take the money? All these questions need to be answered and Chief Horner is the only one with access to the records we seek.

Public officials may now have reason to believe us when we tell them we will go into court and seek redress if public records are hidden from the Sentinel.

Public records are just that, public records. Officials, your files will be open for public scrutiny, and copying, whether you like it or not. It’s the law.

CITY OF PORTSMOUTH TO PAY ATTORNEY'S FEES, PLUS FINES

The City of Portsmouth will pay our lawyers' fees, plus fines and costs, after the court orders release of the records. This is another waste of tax dollars that could have been used for better purposes for the citizens of Portsmouth.

Hopefully, in the future, Chief Horner will provide the Sentinel with access to the public records we request. The Chief left us no option but for our attorneys to depose (question under oath) the police officers to learn if they were allowed to destroy documents in their personnel files.

Will the corruption ever end?

ASSISTANT SCIOTO COUNTY PROSECUTOR WILLIAM (BILL) SHAW CONTINUES TO SUPPORT SEX DEVIANT DAVID PROCTOR TO THE END

The elevator doors opened on the third floor of the Carl Perkins Federal Courthouse and standing in the hallway waiting to head into David Proctor’s sentencing was Assistant Scioto County Prosecutor William (Bill) Shaw.

The Sentinel told you Assistant Prosecutor Shaw would be there defending his buddy through thick and thin.

Assistant Prosecutor Shaw walked over to the Proctor family and stared at the Sentinel reporters that walked off the elevator.

Assistant Prosecutor Shaw has been exposed by the mystery woman caught at the US/Canadian border with David Proctor as one of two Scioto County Assistant Prosecutors that met with David Proctor at the Shawnee Boat Marina right before Proctor and the mystery lady ran for the border.

Many people in the hallway of the federal courthouse were asking each other why an Assistant Scioto County Prosecutor would be offering support to the sexual deviant David Proctor.

One reporter from Lexington, Ky. stated that it was a travesty on the judicial system for any prosecutor to have knowledge of the crimes of the magnitude committed by Proctor and to sit in support of David Proctor.

According to the mystery woman caught with Proctor at the border, Assistant Prosecutor Shaw has been more of a legal advisor to Proctor than just a supporter as Shaw would like to have the public believe.

While the Scioto County Prosecutor’s Office is short staffed where is Assistant Prosecutor Shaw? Sitting in a Kentucky federal courthouse supporting one of the most grotesque sexual deviants that ever walked the streets of Eastern, Kentucky or Southern, Ohio.

People of Scioto County should have major concerns now with Assistant Prosecutor Shaw being involved in the Scioto County MRDD criminal/civil investigations. Assistant Prosecutor Shaw’s support to the end of David Proctor is scary.

Are Assistant Prosecutor Shaw and/or others employed in the Scioto County Prosecutors Office ambivalent towards sexual predators? Is that why there was no outcry by the Scioto County Prosecutor's Office when the court (Judge Howard H. Harcha III) simply let Mike Schmidt walk out of the courtroom after sexually assaulting his daughter?

The mystery woman that traveled to the Canadian border with Proctor states that the connection with Proctor and the Scioto County Judicial System goes very deep, deeper than anyone might believe.

Numerous elected officials, other than Assistant Prosecutors in the Scioto County Prosecutor's Office, are alleged to have very close ties to David Proctor and Proctor’s drug dealings, according to the mystery lady.

Is this the reason that Assistant Prosecutor Shaw and Chief Assistant Prosecutor Randy Rumble met with Proctor at the Shawnee Marina. Do these men have something that needs to remain hidden from the public?

The mystery lady stated to the Sentinel that David Proctor was giving advice to children of Scioto County Prosecutor’s employees on how to make a lot of money fast. These conversations were witnessed by the mystery lady at various Christmas parties where Scioto County Prosecutor staff and David Proctor were in attendance, including parties at Assistant Prosecutor Bill Shaw’s home.

While Proctor’s lawyer Scott Cox was arguing for Proctor today in court, Assistant Prosecutor Bill Shaw was taking copious notes on his legal pad. Was Shaw taking notes to use to help Proctor work on some type of appeal?

Assistant Prosecutor Shaw even went so far as to be interviewed by WSAZ News Channel 3 Reporter Randy Yohe, telling Yohe he was there to support the Proctor family and that he (Shaw) thought that Judge Wilhoit was wrong in some of the things the judge said during the sentencing hearing.

Assistant Prosecutor Shaw should have been in the Scioto County Prosecutor’s Office serving the citizens of Scioto County today instead of being in Kentucky today.

With Scioto County Prosecutor Lynn Grimshaw in Iraq with the United States Army cases are being backed up in the Scioto County Courthouse. Today was a date for Scioto County Grand Jurors to meet and hear cases for possible indictment, yet Assistant Prosecutor Shaw was nowhere to help out.

What a disgrace that supporting a sexual predator like Proctor took precedence over meeting with MRDD employees today, Mr. Shaw. While you could have been pursing the sexual predators at MRDD or out in the Scioto County region, you decided to set in Kentucky and support your own personal friend that wrecked God only knows how many families.

I remember reading that in March of this year, Scioto County Prosecutor Lynn Alan Grimshaw fired former Scioto County Assistant Prosecutor Eric Wrage for causing some type of problem within the office.

No matter what problems Eric Wrage may have caused Wrage never left the Scioto County Prosecutor's Office short staffed to go out and support a sexual predator.

(Actually, it appears that Attorney Wrage was dismissed because he was pursuing drug criminals so zealously that other attorneys in the prosecutor's office were alarmed. It is believed that Wrage's fellow attorneys in the prosecuting attorney's office furnished County Prosecuting Attorney Lynn Grimshaw with misinformation in order to get Mr. Grimshaw, who was away serving with the U. S. Army, to fire Eric Wrage.)

Scioto County Prosecuting Attorney Lynn Grimshaw has stated publicly, on many occasions, that he demands that his employees try to avoid the appearance of impropriety.

While Assistant Prosecutor Shaw says he was only supporting the Proctor family maybe he can explain using his position as a "lawyer" to get a private meeting with David Proctor at the Carter County Jail.

According to the mystery lady, Proctor’s lawyer Scott Cox tried to call into the Carter County Jail to talk with Proctor but was unable to reach him because Proctor was in a meeting with a "lawyer" named Bill Shaw.

Assistant Prosecutor Shaw’s actions are not just an appearance of impropriety; it is down right sickening to have such a man as a public official in Scioto County.

Either Assistant Prosecutor Shaw should resign or Scioto County Lynn Grimshaw should fire Shaw. Either way, Shaw should go.

Maybe Scioto County Prosecutor Lynn Grimshaw will read this posting and do the right thing. FIRE BILL SHAW. Major Grimshaw can do this from his Army post in Iraq by email. (By Doug Deepe at 7:30 a.m. Friday, August 29, 2003.)

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Judge Henry Wilhoit called the United States Federal Courtroom in Ashland, Kentucky to order at 10:00 a.m. this morning and called David Proctor before the bench for final sentencing.

David Proctor was to have been in court to be sentenced on August 14, 2003 but attempted to flee the country with a female accomplice. Proctor and the female were caught in Detroit, Michigan with $40,000 in cash and an itinerary for a plane trip to the Cayman Islands.

Proctor walked into the courtroom wearing a pair of federal issued blue jeans and a blue shirt and sat down by his attorney, Scott Cox of Louisville, Kentucky.

Judge Wilhoit asked Attorney Cox if there was any "extraordinary circumstances" which prevented David Proctor from appearing on August 14, 2003, other than Proctor’s attempt to flee justice?

Attorney Cox told Judge Wilhoit that there were no "extraordinary circumstances" except for Proctor and the mystery woman attempting to flee.

Judge Wilhoit asked the United States Assistant Attorney Pat Malloy for recommendations on what should happen to the plea agreement that the United States entered into with David Proctor.

Assistant U.S. Attorney Malloy told Judge Wilhoit that the government wanted to honor the agreement but that Judge Wilhoit could change the amount of time that Proctor would have to serve if Judge Wilhoit believed Proctor’s fleeing justice was considered "not accepting responsibility for his crime."

Proctor’s attorney Scott Cox attempted to persuade Judge Wilhoit that Proctor was not actually in "custody" when he tried to flee to Canada therefore Judge Wilhoit could not impose a two level increase in Proctor’s sentence.

Judge Wilhoit told Attorney Cox that he was wrong in Cox’s interpretation of case law used in Cox’s analogy for the sentence that Judge Wilhoit could impose.

Judge Wilhoit refused to allow the United States Government to give the lesser sentenced agreed to for Proctor after enumerating a lengthy list of extremely wicked crimes committed by Proctor.

For the courtroom audience, Judge Wilhoit stared at Proctor and began reciting how David Proctor sedated a woman in his office in South Shore, Kentucky, made the woman perform oral sex on him, with the woman’s young child in the room watching the sex act being performed.

The judge then proceeded into how David Proctor abused a woman named Denise Galloway. Proctor was providing Galloway with over 500 pain pills a month, giving injections of pain medicine after regular working hours in exchange for sexual favors.

Proctor would take Galloway on long drives into the country and have sex with her.

Proctor's preying upon Ms. Galloway humiliated her to the point that Galloway could not sleep, nor eat; she withdrew from her church, and ended her marriage while her young daughter watched the destruction of her mother.

Galloway checked into Our Lady of Bellefonte Hospital in Ashland, Kentucky to detox from the pain medication Proctor had addicted her to and then used that addiction to satisfy his own lust for sex.

Judge Wilhoit then became vividly upset as he recounted how David Proctor sat in the courtroom trying to blame his former lover and co-worker Mary Catherine Dials with all the trouble that Proctor was in with the government.

"You wouldn’t even look at the woman that had your child (Dials) when you sat in this room and tried to destroy her. You even had your lawyer try to manipulate her by becoming her lawyer, but I stopped that when I had Mr. Shuff from Lexington assigned to defend her", stated Judge Wilhoit.

"You had the best this country could offer anyone. You had an income in excess of $250,000 a year. You have fancy cars, a home with over 10,000 square feet. You chose to violate your Hippocratic Oath as a doctor, you betrayed your family with your womanizing, you betrayed your patients, and brought shame to the medical profession," continued Judge Wilhoit.

"That money will have a lot of mold on it before you get to it"

The judge then stated, "I’d love to know how much money you have squirreled away in the Cayman Islands or wherever, but I can assure you of this, that money will have a lot of mold on it before you get to it, because you have shown me no remorse for what you done. I see the only way to get your attention is a long prison sentence."

Judge Wilhoit then sentenced Proctor to 235 months in federal custody. The judge suspended 35 months for Proctor’s testimony against his fellow conspirator doctors.

Proctor will be eligible for judicial release after about 14 years in prison.

David Proctor is not a citizen of the United States; he never sought to be an American.

After Proctor concludes his federal prison system the United States Immigration Service has notified the federal court of the governments’ intention to deport Proctor from the United States.

David Proctor is not a United States citizen.

Proctor’s attorney, Scott Cox, believes that David Proctor’s legal troubles are not over. Attorney Cox believes that Proctor will face additional federal charges for his attempt to escape justice.

No charges have yet been filed against Proctor for his attempt to flee.

The mystery lady with Proctor at the border has not been charged as of today. Judge Wilhoit announced in the courtroom today that the fake identification card being used by this mystery woman showed the name Elizabeth Ann Crisp.

The Sentinel has the true identity of the mystery woman but we have agreed not to print any stories about her until later this month or early next month.

The mystery lady was not in federal court today at Proctor’s sentencing.

The Eastern Kentucky/Southern Ohio region has been freed from one sexual predator using drugs for sex. David Proctor’s crimes are finally public. David Proctor is where he belongs tonight, behind bars. When he gets out, this country will be freed of one dangerous sexual deviant.

Scioto County Officials Strange Attraction to the Dirty, Deadly, Drug Doctor will be revealed tomorrow.

Tomorrow the Sentinel will reveal a "high profile Scioto County Official" that sat in support of David Proctor during his sentencing today. How will this public official explain his long-time support of this sexual deviant? How will he and some of his fellow Scioto County officials explain being socially active with this dirty, deadly doctor? (by Doug Deepe, Thursday, August 28, 2003, at 7:15 p.m.)

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By Doug Deepe (posted at 3:00 p.m. Wednesday, August 27, 2003)

Will he sing like a canary? That’s the question on everyone’s mind concerning David Proctor’s sentencing hearing tomorrow in United States Federal Court in Ashland, Ky.

David Proctor was scheduled to be sentenced two weeks ago by Federal Judge Henry Wilhoit up to 121 months for Proctor’s part in prescribing illegal prescriptions to drug addicts in South Shore, Kentucky.

Proctor and a female companion were caught at the United States/Canadian border on August 15, 2003 with fake identification cards, over $40,000 in cash and an airline flight itinerary to the Cayman Islands, via Vancouver, B. C.

Proctor was scheduled to appear before Judge Wilhoit and present $250,000 as part of his plea agreement. Sources indicated to the Sentinel that one reason Proctor decided to flee the country was because Proctor could not raise the required $250,000 to turn over to the United States Government.

Sources indicate that Proctor was moved from the Detroit, Michigan area to the Charleston, West Virginia, South Central Regional Jail earlier this week pending his appearance in Judge Wilhoit’s courtroom at 10:00 a.m. tomorrow.

The female accomplice found with Proctor at the border has not been charged with any crimes as of this morning. It is not clear whether any charges are going to be filed against the female.

Proctor has a reputation of being a "ladies man." Numerous females have contacted the Sentinel and stated that they were duped by David Proctor.

David Proctor would tell women that he loved them. Proctor would offer women drugs in exchange for sexual favors.

There are at least three local women that have confirmed having a relationship with Proctor.

David Proctor is still married to a woman named Karen Proctor. Karen Proctor still resides in South Shore, Kentucky but has been seen at the home of Scioto County Prosecutor William (Bill) Shaw on a regular basis.

Telephone records indicate that David Proctor and Assistant Prosecutor Bill Shaw have been in very close contact all through Proctor’s legal troubles with the United States Federal Government.

Assistant Prosecutor Shaw and Chief Scioto County Assistant Prosecutor Randy Rumble were with David Proctor at the Shawnee Boat Marina days prior to Proctor jumping bond and heading for Canada.

Maybe David Proctor will explain his meetings with our local prosecutors soon.

The Sentinel will be in attendance at Proctor’s sentencing tomorrow morning.