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xx Re: Up-to-Date News On Carrie Culberson
« Reply #135 on: Aug 8th, 2010, 6:29pm »

Appeals court: Lawsuit over mess made in hunt for body can continue
By Dan Horn


Sheriff's deputies didn't find what they were looking for six years ago when they dug a huge hole in Jeanette Spangler's barn.

But they did make a big mess trying to find it.

The damage included a demolished concrete floor, a water-filled hole that was 15 feet deep, a ruined septic system and piles of dirt that smothered vehicles and equipment around her Perry Township property.

"It was like a war zone," said Spangler's lawyer, John Scaccia. "It was like they were fighting al-Qaeda out there."

Spangler, who demanded compensation in a 2006 lawsuit, won a federal appeals court decision Friday that allows her case against the sheriffs of Brown and Clermont counties to go forward.

The decision by the U.S. 6th Circuit Court of Appeals in Cincinnati could leave Clermont County Sheriff A.J. "Tim" Rodenberg and Brown County Sheriff Dwayne Wenninger on the hook for tens of thousands of dollars in repairs if Spangler wins her case.

Rodenberg, Wenninger and their lawyers could not be reached Friday, but they previously have said they did nothing wrong and made every effort to minimize damage to Spangler's property.

The dispute arose in early 2004 when Clermont County deputies received a tip that the remains of Carrie Culberson, the Blanchester woman who vanished more than a decade ago, might be located near or under the barn on Spangler's property.

Culberson's boyfriend, Vincent Doan, was convicted in 1997 of killing her, but her body was never found despite searches at several locations over the years. Authorities have said the tip about Spangler's barn came from a reliable source.

Spangler's son, Jerrod Messer, lived on the property until he went to prison on unrelated drug charges in 2003.

"Law enforcement had a reasonable belief ... that Ms. Culberson's body may be buried under the concrete floor of the garage," the sheriffs' lawyers wrote in a recent court brief.

FBI agents assisted in the search and deputies from Brown County joined them because the barn is located in that county.

When dogs trained to find cadavers "hit" on a number of spots around the barn, the investigators scoured the property and tore up the barn's concrete floor looking for body parts or other evidence.

The hole in the floor, which soon filled with rainwater, eventually consumed most of the barn's space and was up to 15 feet deep. Dirt and concrete were piled outside the barn, at times on top of equipment and vehicles that Spangler had stored on the property.

No evidence linking Culberson to the site was found, and the search was called off after more than a week of digging.

Scaccia said the sheriffs made no attempt to repair the damage they'd done, telling the 58-year-old Spangler they were under no obligation to do so.

"I was devastated," Spangler said Friday. "I didn't think that law enforcement could come out to somebody's place and do something like that. It's horrible."

Scaccia said the search was based on a bad tip about Culberson and that investigators compounded the problem by continuing to destroy the property even after it became clear there was no point in pursuing the search. He said the tons of dirt dumped on cars and equipment could have been put elsewhere on the two-acre property without damaging anything.

The bottom line, he said, is that Spangler did nothing wrong but was left with a big mess and tens of thousands of dollars in damage.

"Let's concede they had a probable cause to look," Scaccia said. "That doesn't mean you act like this. That doesn't mean you go forward in a way that is unreasonable.

"It's not the way we're supposed to be operating in the United States of America."

The panel of three 6th Circuit judges did not rule on Spangler's claims, but they agreed the sheriffs should remain in the case and could be held liable for damages.

"The property was left in complete disarray," wrote Judge Damon Keith, who was joined by judges R. Guy Cole and Julia Smith Gibbons in the decision. "The totality of the circumstances did not warrant the knowing destruction of plaintiff's personal property."

http://news.cincinnati.com/article/20100806/NEWS010702/8070342/Court-allows-suit-over-body-search-
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xx Sonar Finds Underwater Clues
« Reply #136 on: Nov 21st, 2010, 11:30am »

Laney Gwinner, Carrie Culberson, Paige Johnson... They are young women missing, murdered or both, with ties to a local lake or the river. Bodies of water have long been a place to dump evidence, believing it would sink to the muddy bottom and disappear.

Local 12's Deborah Dixon tells us, for the bad guy who believes that, there is some very bad news.

It looks as if grown men are playing a video game on the banks of East Fork Lake.
"It works like a modern video game. A joy stick handles most of the controls."

The joy stick tells the Outland 1000 remotely operated vehicle, or ROV, where to go. But it's what the ROV can see that is a game changer.

John Maske, Outland Technology: "Sonar allows us to see things from the length of a football field, that you would never be able to see as a diver."

Hamilton County Police Association's Underwater Search and Recovery Team is getting trained on their new system, with two cameras and Blue View's multi-beam sonar that delivers crystal clear real time images, even in low visibility.

John Robertson, Blue View Technologies: "It's all sound waves, goes through water, bounces off objects, creates image from return of sound."

"Divers can only see what's in front of them. Now, they can see beyond."

What the sonar sees can be picked up with a claw, up to 70 pounds. Divers go in for larger items, such as cars. A GPS helps them get to the underwater crime scene, even in zero visibility.

Three years ago, a similar system saw what divers hadn't been able to see for two months at East Fork Lake. The bodies of Charles and Scott Chippendale. Their empty fishing boat was found doing circles on the lake. An out of state water rescuer with the sonar system recovered the father and son in a day.

"You can do the amount of work in an hour with a ROV that would take a week or two weeks with a team of divers in a lake like this to recover a body."

The robot could search where divers have already been, such as here in the Ohio River, near California, where divers have searched for Carrie Culberson's car. That's because the Blanchester man convicted of killing Carrie was on Kellogg Avenue right after she disappeared. Vince Doan called home looking for his father, who was supposed to be helping him with something. Carrie and her car have never been found.

Evan Evans: "If a car has been there a decade, we can still pull it out, still handle it as a crime scene."

The underwater robot awarded by Homeland Security is the first in our area.

"No longer can bad guys throw objects in the river and disappear, forever. Now, investigators will be able to find it with the robot."

What dark secrets does the river hold?

23-year-old Laney Gwinner's body was found in the Ohio a month after she disappeared in 1997. It is believed she floated out of her Honda Del Sol after both were put in the river.

And what about Paige Johnson, the Kentucky teen who disappeared in September? Police tracked the cell phone activity of the man who was with her the day she disappeared, to East Fork Lake.

The Hamilton County Police Association says, if investigators on these cases ask for a robot search, they'll get it, allowing sonar to see beyond the murky waters, to the truth.

The robot can also be used as an anti-terrorism tool, to look for explosives on barges, boats and bridges.

http://www.local12.com/news/local/story/Sonar-Finds-Underwater-Clues/rTc7MFi3WEmlWQNAO2kGOA.cspx
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xx Civil suit settled against Brown County, Clermont
« Reply #137 on: Apr 5th, 2011, 6:08pm »


Civil suit settled against Brown County, Clermont County sheriffs
article by Misty Maynard

A six-day trial was halted before a judgement could be made when the parties involved in a years-old civil suit agreed to settle.

The suit was filed against Brown County Sheriff Dwayne Wenninger and Clermont County Sheriff Albert Rodenberg as well as commissioners from both counties in 2006 by Jeanette Spangler and her son, Jerrod Messer.

Spangler and Messer are Brown County residents whose property was damaged during the execution of a search warrant in 2004. They sought, and have been awarded, monetary compensation for the damage to the property.

The search warrant for Spangler and Messer's property was issued after information from informants indicated the body of Carrie Culberson, a woman missing and believed murdered since 1997, was underneath the concrete floors of the garage. Culberson's body has never been found, though a man, Vincent Doan, was convicted of kidnapping and murder relating to her disappearance.

Spangler owned the property but Messer stored supplies, tools and equipment for his roofing and construction business in the garage, as well as vehicles, according to court documents. At the time of the search, the property was rented out.

Though the death was under the jurisdiction of Clermont County, the property was in Brown County and Rodenberg requested the BCSO secure a search warrant for the property. The FBI was also asked to assist in the execution of the search warrant.

The search began on April 27, 2004, and Wenninger was noted to be "generally in charge of the search," although another Brown County deputy was in charge when Wenninger was not present, according to court records. Wenninger was on site six times and assisted with digging and operated a Bobcat.

According to court records, the search began by drilling holes in the concrete floor. Cadaver dogs were used to assist in the search for the body with officers digging in areas where the dogs indicated a body might be present, according to records.

Personal property was removed from the garage and dirt extracted from the ground was examined for human remains before being moved outside the garage, according to court records. By May 3, 2004, there was a large hole in the garage from the digging, which filled with water after a heavy rain.

When there was no more space for the extracted dirt, it was piled on top of the personal property which had been removed from the building, according to court records. Wenninger testified he thought the property was "junk," according to court records.

According to court records, there was ample room on the two-acre property for the personal property to be moved or the extracted dirt to be placed elsewhere, but those spaces were not used.

On May 10, 2004, the search ended because cadaver dogs no longer picked up any scent, and Wenninger advised law enforcement personnel they were not required to fill the hole in the garage which was estimated to be 15 feet deep, according to records.

The hole filled with water, essentially "creating a pond in plaintiff's garage," and the tenants renting the house moved because of damage to the septic system, according to court documents.

Attorney for the plaintiffs, John Scaccia, said previously the damage had reduced the property value from more than $100,000 to around $20,000. In a previous interview, Scaccia called the property a "war zone." Attempts to reach Scaccia Monday were not successful by press time.

Mark Landes, attorney for the defendants, said settlements are typically confidential. However, since the case involved public entities he respects the public records law.

However, Landes said he did not have a signed release yet and could not release the terms of the settlement. While he could not release the figures, he did confirm that numbers published by another local newspaper sounded "about right to me." Those numbers have the plaintiffs being awarded nearly $190,000. Of that, Brown County's share would be about $136,000 while Clermont County would pay $50,000.

The amount to be paid by Brown County will actually be paid by the County Risk Sharing Authority, a group formed by several counties in Ohio that Landes said was similar to an insurance company. The settlement will not affect the sheriff's budget or the county's general fund, Landes said.

Landes said it was unfortunate money had to be paid because of a search for a woman's body who had been missing for so long. He said police were careful in their work and used the best cadaver dogs. He also lamented the fact that the money was paid to people who had contact with Doan, a convicted murderer. Landes said it was also unfortunate that people who work in public safety would be put in the position they were put in by the lawsuit.

A message left for Wenninger was not returned by press time.

http://www.maysville-online.com/news/local/article_abeac788-5f00-11e0-86ee-001cc4c03286.html
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xx Re: Up-to-Date News On Carrie Culberson
« Reply #138 on: Jul 12th, 2011, 08:02am »

the sonar,has this been done? if not why hasn't it? what do we need to do to get this done?
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xx Re: Up-to-Date News On Carrie Culberson
« Reply #139 on: Aug 28th, 2011, 6:51pm »

Hi, with regards to your post. It was done. Not all information in regards to Carrie's searches and other information is posted on this forum due to privacy issues. Thank-you for your continued interest with the case. We are still very much searching for Carrie and will not stop until she is located.

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xx Where is Carrie: 20-year search for answers in wom
« Reply #140 on: Aug 27th, 2016, 06:38am »

Where is Carrie: 20-year search for answers in woman's murder

http://local12.com/news/local/where-is-carrie-20-year-search-for-answers-in-womans-murder
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My group inspired to help others because of Carrie.
See also our missing & murdered person blog
http://findcarrie.blogspot.com
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