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Indicted Dayton Police Officer says he is not guilty
DAYTON — Dayton Police Officer Phillip Brooks, Sr., accused of illegally selling three impounded cars, maintained his innocence during a press conference called Friday, May 22 by his attorney.
“I’m not guilty,” Brooks said, standing beside attorney Daniel O’Brien. “I put this in God’s hands and let my attorney do what he does best.”
Brooks, 43, who was indicted Thursday on 22 counts, has been suspended indefinitely without pay since April 13, according to Dayton Police Chief Richard Biehl.
Brooks was indicted on: seven counts of forgery, eight counts of tampering with records, three counts of unauthorized use of the database, two counts of grand theft, one count of attempted grand theft and one count of theft in office.
Brooks allegedly used a confidential police database to determine the owner of vehicles that had been towed or impounded, according to the county prosecutor’s office. Brooks then used that information to forge a fake bill of sale and had a new title issued in his name.
He would then sell the vehicles. There is no evidence other officers were involved, Chief Richard Biehl said Friday.
O’Brien said he called the press conference to “level the field,” because “I don’t usually try my cases in the newspaper.”
Brooks denies all charges, O’Brien said, adding that the witnesses against Brooks were “known crackheads” and “admitted serial liars.”
O’Brien also said that his handwriting experts would show that Brooks did not sign the documents. Those experts did not testify before the grand jury, which is run by the Montgomery County Prosecutor’s Office, O’Brien said.
O’Brien also criticized the prosecutor’s office for the “clandestine” way it called Brooks to testify before the grand jury in April.
Brooks was issued a subpoena to appear before the grand jury but did not honor it, so Montgomery County Common Pleas Judge Frances McGee held a hearing on April 9. Brooks was booked into the Montgomery County Jail for a few hours that day after McGee found him in contempt of court.
The 2nd District Court of Appeals ordered his release, and the following day, Brooks provided handwriting samples.
O’Brien, who has been representing Brooks on this matter for three months, said that Brooks was subpoenaed as a witness in a case in which the defendant was identified as “John Doe.” Brooks did not know he was the defendant in that case until he arrived. Brooks refused to give any samples until he could talk to O’Brien, who was out of state at the time, O’Brien said.
Prosecutor’s office spokesman Greg Flannagan said the office could not comment on matters pertaining to grand jury testimony, which is secret under law, but that authorities conducted a thorough, solid investigation.
“The evidence will be presented at trial and will speak for itself,” Flannagan said.
The 22-count indictment involves three cars: a 1994 Nissan Brooks allegedly sold in November 2004, a 1997 Pontiac he allegedly sold in August 2007, and an unidentified vehicle he allegedly tried to sell in December 2008.
That (last) attempt “pretty much started the investigation,” said Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office, on Thursday.
Brooks faces up to 59 years in prison if convicted. Brooks is currently not in jail and is expected to be arraigned in court on June 4.
Lucas Sullivan contributed to this report
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