The court transcript of an explosive motion to suppress hearing held in the Franklin County Circuit Court (2) on July 19. regarding evidence collected leading to the arrest of Brookville residents Trevin Thalheimer and Garrett Pierce has been released. The testimony during the July 19 hearing resulted in Franklin County Prosecutor Chris Huerkamp joining the defense's motion to suppress the evidence and, additionally, to dismiss the pending charges against Thalheimer and Pierce. 

Huerkamp immediately notified the Indiana State Police (ISP) of the findings during the hearing. Subsequently, ISP opened an ongoing investigation into the Brookville Police Department (BPD). 

On Friday, Jan. 28, BPD Officer Ryan Geiser was patrolling Brookville's Main Street with BPD Assistant Chief Mike Strait. At 5:55 p.m., five minutes before the end of Geiser's shift, they saw a Brookville resident outside the Midtown Bar waving them down. 

Geiser said the resident flagged him to report a theft at his home during his recent hospital stay. According to Geiser, the resident did not have a list of items missing but stated he asked Thalheimer and Pierce, who lived close by, if they would keep an eye on his place. Although Geiser acknowledged the resident was "sporadic" and had a history of drug use, he proceeded to the defendants' residence to ask questions regarding the burglary. Upon arrival, Geiser stated he knocked on the door. Pierce answered, and Geiser asked if Thalheimer (Pierce's roommate) was home, to which Pierce responded he was not. Geiser then told Pierce their neighbor reported a theft and asked if they noticed anything suspicious. Pierce said he had not, and Geiser left.

However, while on the open porch, Geiser said he could smell marijuana, which led him to request a search warrant the following day, Saturday, Jan. 29, for the defendant's residence. Franklin County Judge Clay Kellerman signed the search warrant at 10:30 a.m. However, the BPD did not serve the warrant until the following day, Sunday, Jan. 30. 

During cross-examination, Huerkamp asked Geiser if he had any concerns waiting that long to serve the warrant might lead to the disposition or enjoyment of the marijuana in the meantime. Geiser responded, "I didn't."

Chief Terry Mitchum, Sgt. Samuel Williams and Geiser executed the search warrant. Subsequently, both defendants were arrested and booked on charges after officers found legend drugs possibly associated with Mr. Pierce and marijuana found based on Thalheimer's admission. However, possession of marijuana was not the only thing Thalheimer was arrested for; he was also arrested and booked for an unrelated level 3 felony. 

The felony arrest on Thalheimer stemmed from a separate investigation being conducted by BPD Officer Donald Forsee that began in May of 2021, over six months before the search warrant was executed. Defense attorney Jud McMillin questioned Geiser as to why he would arrest Thalhemier regarding a pending investigation in which he had no involvement, and no charges were filed. Geiser replied that Forsee had called him and stated he had received evidence regarding the previous felony allegations against Thalheimer. Further, Geiser said Forsee asked him to make the arrest when executing the search warrant. Even though Geiser had not reviewed the forthcoming evidence nor had discussed it with the prosecutor's office, he agreed to make the felony arrest. Later, while being cross-examined by Huerkamp, Geiser admitted the order to arrest Thalheimer on the additional felony was given by BPD Chief Mitchum and not Forsee. 

Huerkamp asked Geiser if he had ever made a Probable Cause arrest on such a charge in his career that wasn't his case. Geiser said he had not. Huerkamp then asked him how he felt about it.

"A little uneasy, but at the same time, I guess he (Mitchum) had made those orders for me to arrest, and based off of the information received on the evidence, that's why," Geiser testified. 

Defense attorney Paul Barada asked what follow-up Geiser had conducted on the theft allegations. Geiser stated he had not seen the resident who made the allegations since the night he made them. Barada asked if an incident report was filed regarding the alleged theft. Geiser said no, because he had asked the resident to gather a list of items missing, and he did not receive the list. 

Barada then asked Geiser, "Well, what I am asking is, did you take any steps to follow up on a potential felony burglary in your town?"

Geiser shared he had knocked on the resident's door a few times but was not able to connect with him.

Barada responded, "When you're running out arresting guys on a felony charge based on the evidence you don't know anything about, but you won't even write a report for a burglary?"

Geiser again stated at the time that he could not identify what items were taken, which is why he did not document the incident.

During the motion to suppress, the defense called  Aleese Whittamore of Brookville to testify regarding the call she received from Officer Geiser three days before Thalheimer's arrest. Whittamore testified she had two missed phone call notifications from a number she didn't recognize on Jan. 26. 

When Whittemore returned the call, she discovered it was Geiser who had called. While speaking to Geiser, she testified he asked her if she would be interested in taking the democratic position on the town board. Further, he told her he thought she would be good for the spot and would have the Department's full support if she pursued the candidacy. Towards the end of the call, Geiser inquired if Whittamore knew Thalheimer was interested in the open position. He then told Whittamore, "Yeah, we don't want him on the town board because he hates cops."  Geiser later testified he did not know Whittamore and Thalheimer were friends when he made the call.

After the call ended, Whittamore shared how strange it felt that Geiser had reached out to her about a political position. She and Geiser were mere acquaintances and primarily knew each other from when their children played on the same softball team roughly three years prior. Whittamore also testified she had never been interested in pursuing a political career and wasn't sure if she was even registered to vote.

However, it wasn't until Whittamore saw the felony arrest of Thalheimer in the Brookville/American Democrat three days after she received the phone call from Geiser that she went from feeling like the phone call was "weird" to suspicious. 

Whittamore provided her cell phone log showing Geiser's two missed calls and her return call lasting 12 minutes. The call log was admitted into evidence as exhibit A.

After Whittamore's testimony, the defense called the arresting officer, BPD Officer Ryan Geiser, who had been served a subpoena in May of 2022, for the hearing. However, Geiser was not present in the courtroom. At that time the court asked, "He was subpoened and he didn't appear?" Huerkamp shared his office told him Geiser was on his way. Huerkamp then requested a short recess to wait for Geiser's arrival as he felt it was important to hear directly from Geiser after Whittamore's testimony.

Upon Geiser's arrival,  court resumed, and Geiser was called as the next witness for the defense. Defense attorney McMillin initiated a line of questioning regarding the testimony given by Whittamore regarding the conversation between her and Geiser. First, Geiser confirmed Whittamore and he were no more than acquaintances. Next, McMillin asked Geiser if he ever recalled calling Whittamore's cell phone number. Geiser responded, "I don't."

McMillin then showed him the call log admitted into evidence and asked him to verify the call by the phone number received by Whittamore was, in fact, his number. Geiser confirmed the cell phone number was his. McMillin then asked if Geiser remembered calling her in January.

"I remember talking to her," Geiser stated. "I don't necessarily remember calling her, but it may have very well been a phone call."

McMillin asked Geiser what the nature of the phone call was on Jan. 26 to Whittamore.

"I believe the last time I had spoke to Ms. Whittamore was asking her to see if she would put her name in for an open seat on the town council," Geiser responded. 

Geiser said he knew Thalheimer had recently expressed his interest in pursuing the seat when he called Whittamore, and as the defense and prosecutor continued questioning, Geiser admitted he and Mitchum believed Thalheimer was anti-police. As a result, they sought a candidate to challenge Thalheimer, ultimately resulting in the collective decision Geiser would reach out to Whittamore.

"He (Mitchum) asked if I knew anyone in the district who would have interest in pursuing the position," Geiser stated. "Whittamore was the only resident I knew in the area."

Defense attorney Barada asked Geiser, "What were your thoughts about the prospect of Trevin being on the town council?" 

Geiser responded, "I mean if he got it, he got it. It's a fair election, but from everything I've heard through the law enforcement community, is that he wasn't a fan of law enforcement. And me working for the Town of Brookville, if I could find somebody to put their name in the ring..."

Barada asked if it was Geiser's intention when he called  Whittamore to ask her to run against a fellow who wasn't a fan of law enforcement in Brookville. Geiser's response was, "yeah." 

Barada clarified, "That was the goal, right?" 

Again, Geiser said yes.

Geiser could not recall if he shared his sentiments regarding Thalheimer while on the phone with Whittamore. Still, he admitted his opinion was he was anti-police when he called Whittamore.

Huerkamp had a similar line of questioning for Geiser, asking what Mitchum's feelings were in regards to Thalheimer seeking the open seat.
"I know he is not a huge supporter," Geiser began. 

"How do you know that?" Huerkamp asked.

"Just based off of things he (Mitchum) said to me," Geiser responded.

"Like what?" Huerkamp pushed.

"That he (Mitchum) had a lot of run-ins with the Thalheimer family and that they were not supportive of the police department. And another family member, I guess, at some point was on the board previous years prior to me even being in Indiana."

Huerkamp asked Geiser to testify why his department was so interested in local politics.

"The town board is essentially who provides our funding, who I guess it's our bosses, over the boss per se. The functionality and everything that correlates with the police department."

Huerkmap said, "Have you ever been that politically involved before?" 

"Not typically, no," was Geiser's response.

Huerkamp continued, "I mean we all know people talk and things like that. But who would you say - who is primarily responsible for this political bend in the BPD?"

"It would be the chief," Geiser replied.

Huerkamp: "How long has it been going on?"

Geiser: "For Mitchum, whenever he became the police chief.

Huerkamp continued and asked if Geiser "knew the booking charges would make the newspaper?" Geiser replied, "Yes."

Geiser further testified after the arrest of Thalheimer and Pierce, he and Mitchum were aware Thalheimer withdrew his intention of filing with the Democratic party. Mitchum again asked Geiser if he knew anybody who would be interested in the seat.

Upon the completion of Geiser's testimony, there were no additional witnesses called by the defense or prosecution. Huerkamp stated, "I am joining the motion to suppress, and then I'm subsequently moving to dismiss both cases.” The motion was granted.

After the ISP opened the investigation, Chief Mitchum provided the following statement at the Brookville Town Council meeting on Aug. 2. 

"In regards to the recent news cycle, I will not be making an in-depth statement due to an ongoing Indiana State Police investigation. My department and I welcome any investigations into this matter. We will fully cooperate and anticipate it will show no wrongdoing by the department or I."

At a special meeting called by the town council two days after Mitchum's statement on Aug. 4, both officers were placed on administrative leave with pay during the investigation. BPD assistant chief Mike Strait was appointed as the interim chief. In addition, the town council passed a motion to accept applications for a new BPD Chief in 2023.

This is an ongoing story, and more information will be released in next week's editon.