Brookville Police Department (BPD) Chief Terry Mitchum and Officer Ryan Geiser were placed on paid administrative leave on Aug. 4 after a special meeting held by the Brookville Town Council (BTC) addressing concerns regarding the BPD. The concerns stemmed from an investigation opened by the Indiana State Police (ISP) as a result of testimony alleging Mitchum and Geiser conspired to keep Brookville resident Trevin Thalheimer from pursuing a position on the BTC.

After the ISP investigation was complete, evidence was turned over to Union County Court Special Prosecutor A.J. Bryson for review to determine if criminal charges would be filed. On Oct. 20, Bryson's Charging Decision was filed in Franklin County Circuit Court, stating no criminal charges will be brought against Mitchum or Geiser. After hearing no criminal charges would be filed, Mitchum released the following statement.

"As I previously stated, I was confident no wrongdoing would be found on the part of my department or I. At all times, the Brookville Police Department followed the evidence at hand. I stand by my department's determination of probable cause resulting in the arrest of the parties involved. I'm thankful for the results of the Indiana State Police investigation, yet deeply saddened by the effect these events have had on my department and my family. I've watched as my community has lost trust in a police department that I know has always held the public's best interest as its highest priority. I understand the community's response due to the salacious nature of some of the articles published regarding this investigation. I have tremendous respect for my community and hope this is the first step in regaining their confidence and trust. I believe several factors played a part in the distortion of this situation. Due to the national coverage this story has received, I will refrain from further explanation until consulting my attorneys."

However, on Nov. 1, the town’s Safety Board will meet to decide what action the board deems appropriate regarding Mitchum and Geiser, according to Special Attorney Anthony Saunders. Saunders further advised the two officers would remain on  leave until a decision is reached. Applications are being accepted for the position of BPD Chief beginning in 2023.

Attorney Judson McMillin shared regardless of Bryson's decision, Thalheimer's case is not over.

"He's disappointed in the decision. He's disappointed for himself," McMillin said in a statement. "But he also, I believe, is disappointed for the fact that this might not send the right message that these types of things aren't going to be happening."

McMillin says Thalheimer is continuing civil litigation.

MOTION TO SUPPRESS HEARING
The defense attorneys of Thalheimer and Garrett Pierce (who was also arrested) requested a motion to suppress evidence obtained during the BPD investigation, alleging the BPD violated the defendants’ constitutional rights.

During the hearing, the arresting officer Ryan Geiser was called to the stand after Brookville Resident Aleese Whittamore testified Geiser reached out to her regarding an open seat on the BTC. Whittamore testified she believed it was an attempt to keep Thalheimer from pursuing the position.

Geiser was called to the stand and questioned by defense attorneys and Franklin County Prosecutor Chris Huerkamp regarding numerous unconventional, but not necessarily improper, steps in applying and executing the search warrant.

Eventually, Geiser acknowledged the investigation was motivated by political purposes regarding Thalheimer's candidacy and his purported insufficient support for the BPD.

In addition, Geiser claimed he was directed in his efforts by Mitchum to insert the additional probable cause arrest and booking for an unrelated investigation from nine months prior.

The following testimony obtained from the court transcript, in part, led to the investigation:
During questioning by defense attorney Jud McMillin, Geiser confirmed Whittamore and him 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 showed Geiser the call log admitted into evidence and asked him to verify if the missed phone number received by Whittamore was 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 interest in pursuing the seat when he called Whittamore. 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, 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 Paul 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, 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 Thalheimer was anti-police, which is why he solicited Whittamore.

During Huerkamp's cross-examination, he asked Geiser if he knew what Mitchum's feelings were regarding 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.

Geiser stated 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, "Who would you say is primarily responsible for this political bend in the BPD?"

"It would be the chief," Geiser replied.

Huerkamp asked, "How long has it been going on?"

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

As a result of the testimony, Huerkamp was compelled to join the defense's motion to suppress the evidence. He further moved to dismiss both cases. The court, being duly advised in the premises, granted the joint Motion to Suppress and dismiss both cases on July 19.

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

This is an ongoing story, and updates will be provided as they are available.