Sheriff Charmaine McGuffey says she was removed from Brady List as part of settlement

Hamilton County Sheriff Charmaine McGuffey is disputing the county prosecutor’s office’s reason for then-Prosecutor Joe Deters taking her off a list of law enforcement officers accused of and found guilty of wrongdoing.

McGuffey was removed from the Brady List “sometime in 2021 by former Prosecutor Joe Deters as a professional courtesy when she became Sheriff,” a spokeswoman for the prosecutor’s office told FOX19 NOW on Wednesday.

The Brady List is the result of a more than 50-year-old Supreme Court ruling that requires prosecutors to seek and disclose evidence to defense attorneys and the accused that is material to his or her guilt or punishment. This includes evidence about their untruthfulness; certain prior criminal convictions and evidence of bias; excessive use of force.

The Hamilton County Prosecutor’s Office keeps a lengthy and detailed list, one that currently has 158 law enforcement officers, mostly from the two largest agencies in the county: the sheriff’s office and Cincinnati police.

But Sheriff McGuffey said in a statement sent Thursday to FOX19 NOW she was removed from the Brady List as part of the late 2020 settlement of her lawsuit against the Hamilton County Board of Commissioners, sheriff’s office and her former boss, then-Sheriff Jim Neil.

From the archives: Who are Neil and McGuffey?

“Prior to December 2018, I filed a lawsuit for unlawful termination against the Hamilton County Sheriff’s Office and former Sheriff Jim Neil. As that lawsuit proceeded, the former sheriff’s administration acted in concert with the Hamilton County Prosecutor’s Office, who was defending him, to place my name on the Brady list. It was obviously politically motivated, because my actions clearly did not meet the criteria of the Brady list. It was determined in federal court that I was not dishonest, nor did I ever tell a half truth.

“Clearly, the Brady list was weaponized by former Sheriff Jim Neil and the Hamilton County Prosecutor’s Office against me. Ultimately, I prevailed in a summary judgment against all accusations in federal court by Judge Susan Dlott. As part of the settlement agreement, I insisted that my name be removed from the Brady list as there was no merit for it to appear on the list. I was expressly told by my attorney that that was part of the settlement agreement with former Hamilton County Prosecutor Joe Deters. Approximately two months after taking office, I was rightly removed from the Brady list.

“I was notified by Joe Deters via phone call that I was removed from the list, per the settlement.”

The sheriff’s spokeswoman, Kyla Woods, added: “Sheriff McGuffey is currently consulting with her former attorney about this matter.”

Later Thursday, Woods sent us what she wrote was a“clarification” to a portion of the sheriff’s statement:

“As agreed upon in the negotiations of the settlement agreement, I insisted that my name be removed from the Brady list as there was no merit for it to appear on the list. I was expressly told by my attorney that that was agreed upon with former Hamilton County Prosecutor Joe Deters.”

Deters declined to comment Thursday, as he did on Wednesday when he told us: “I cannot because of my current position in government.”

The spokeswoman for the prosecutor’s office, Amy Clausing, said the sheriff is wrong.

“Sheriff McGuffey was added to the Brady list when this office became aware of two incidents that would place any officer on the Brady list,” she said.

“The terms of the civil agreement are in writing and are a matter of public record. Her removal from the Brady list was in no way related to or required by the settlement agreement in her civil matter.

“This office does not, and will never, weaponize the Brady list against any law enforcement officer. To assert otherwise is offensive.

Neil said Thursday that Sheriff McGuffey’s account “is her account. She was found to be dishonest in the past. She was put on the Brady List for being dishonest. She was put on the Brady List for being arrested in Covington so it’s up to you. Who do you believe?

“All I know is all this happened in 2017. What does it have to do with the general election in 2020? This all happened one year into my second term. When did Charmaine decide to run? She is apparently making it out to be. It was the furthest thing from my mind. If there’s any dirty politics, it’s coming from her camp, not mine,” said Neil, who recently filed petitions to be on the May 2024 primary ballot in the sheriff’s race.

Enquirer media partner Fox19 provided this report

This article originally appeared on Cincinnati Enquirer: Sheriff McGuffey says she was removed from Brady List as part of settlement