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Special prosecutor appointed in theft case involving wife of county courts clerk

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By Kelli Wynn, Staff Writer 5:26 PM Monday, January 23, 2012

VANDALIA — A special prosecutor was appointed today to handle the misdemeanor theft case of the wife of Greg Brush, Montgomery County Courts clerk.

Vandalia Municipal Court Prosecutor David Caldwell approved the theft charge against Kymberly Brush, 48, of Butler Twp., after a detective presented an investigation involving missing Ohio Lottery Tickets to him on Dec. 22.

Attorney Louie Kindell of Miami County was chosen as the special prosecutor in the case.

The city’s prosecutor Claudia Turrell recused herself from the case due to the fact that she has worked with Greg Brush in the past, according to Rich Hopkins, the city’s Communications manager. Hopkins also added that the city wanted a special prosecutor to eliminate any hint of special treatment.

Greg Brush, a Democrat up for re-election this year, is also a former Vandalia police officer.

The charge against Kymberly Brush was the result of an investigation of a Sept. 26 complaint about Ohio Lottery tickets missing from a machine at Liquor and Wine Warehouse, 3440 York Commons Blvd., near Miller Lane.

Prior to Turrell recusing herself, Vandalia Municipal Court Judge Cynthia Heck also recused herself from the case. Heck is the wife of Montgomery County Prosecutor Mathias Heck Jr., also a Democrat. Darke County Municipal Court Judge Julie Monnin will hear the case.

Kymberly Brush’s next appearance in court has not yet been scheduled.

Contact this reporter at (937) 225-2414 or kelli.wynn@coxinc.com.

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