P1119 Caumy Pragecmm?g Of?ce RGEERT JUNK, Prosecuting Attamey ANTHUNY A. MORMEJA, Assistant Prosecuting Attorney (3011111101132 1 First Floor 740847?4323 '1 740947-7432 100 E. 2nd St. - Suite 100 - Waverly: OH 45690 Fax: (740) 947-7617 Sheriff Cha?as S. Reader Pike Ccunty Sheriff?s Office 151050 11.5. 23 North Wave?y, Ohio 45690 May 3, 2133.9 Sheriff Reader: 1 am writing in regard 11:: 11110111131301: that was previded to 11112 Pike: 1.0111111: 1311158512101? 3 (31118 in regard to Camera-1111111111 CottriEL iThis information directiy affects {20111111211 Cottriil?s as a witness in criminal cayses- - 13111.11: 11; betaming 11111111111151! at the Pike County Sheriff's 011' ?le, 10110131101111: was 3 Corrections 133111.113! at the 111155 (20111111; 11111. and 11111118 serving 11?: 11131 1313311111, in May 1.11 2035 (2111111113! 130111111 was departmentaily charged with ?tshenesty, lasubardmatxon, Malfeasance, and Vidatien 131 Paiicies 311d Froceduz?es Carpcrai 1301:1111: was determined to 1131111111911 111 1:111 savestggators during the Ross County 5111211113 91111.18 5 investiga?en. The 111118311381ng 1111131 stated that was dishonest and Was only hanest' 121 an 311811113110 save her position with 11111 1311111129. Comma! Cettrill was 1131111111 111 have engaged in sexual activity [which 1131311 1313128 In her car parked near 1118 111,155 Camry 31%! 111111615119 11133 on 1111131111 1.1111ng 11121 11111131111111 3 1011111313311 1111113113 who was 81511 a canvicted 191011, and tying 31311111: it during the ceurse 1111:1111 inve$11gatir1n (2111110131 (10111511 8111811311 11111) a Last Chance Agreemg?t' with the 111.115 1213111113,! 311311st {311158 as :1 11351111111011 to these charges She uitimately 1:1 :11 11131: 1201111111111 the agreement Cgpies 1311:11e 111613111 11:11:11 11181113111111 110111 the 111353 County She r11?? 5 {231119 are attached -- - - 81211311512 the charge {11111511011951}! was 1113119111 the $1311: 111011111 15 bound by {aw 1:13 disciese this matter :11 discovery :11 each arid every 1:351:- 111 which (31111311131 15. 3 13111611113! Witness 1 11113111121 expect 1111-1 11.1 be cross examined 111: 11 2111.11 the 1135111123 1121111111 139. 11111151311111.0111 13111.11 5111311311 not be p'ia ced' :11 2 13051111311 where we 113148.113 exp1ain 11111; 11 {3111111111 Sh?riff 1.111111 a documented inabifity 11:1 tel! the 1111111 was aii'owed to investigate criminai cases 311111651111; 10 them in court. This is especialiy impartant because {2111121131131 (2111121111 has been assigned as a 12111 111,; investigaier 111111 the Pike (201111131 Sheriff?s Office. Camera! (30111111 must new be pieced. on 3 ?Brady List", whiCh is a 1531 of ef?cers 1.1111131 511011111 11131 be mailed ?11: the stand due 11:1 dacumer?zted evidence cf 1.1111111111111111855. A?ached is an articie from Potice One 1112:: does a geod 1111) ?11 expiaining the Brady Lists and the 131111119111 1:11:31 11111111111111} ef?cers 61313581111" a 1:331. As of this date forward, the Pike County Prosecutor?s Office cannot, in good conscience, cal! Corporai Cortriit as witness in a criminal case. A130, this office is requesting a ?st of at! Pike County Deputy Sheriffs who have been diaciplined for any offense remotety re?ective of oniruthfuiness? whether at the Pike County Sheriff?s Office or any {Brier Iaw enforcement agency, or who have been documented to have to have been untruthful, regardiess of whether any discip?ne was imposed. In your personal situation, beiog under investigation by the Ohio Auditor of State?s Specie! ?nves?iigations Unit; this of?ce is requesting that you refrain from taking part in any criminal investigation in which you may be a potentiai witness uniess and/or until you have been cleared of any wrongdoing. Distancing yourseh? from cases is necessary in order to avoid the that you wouid be in the same situation as Corporal Cottriif shouid you be caiied to testify. Credibitity of iew enforcement of?cers who are matted to testify shouid never be an issue before a judge or a jury. itrust that you and your of?ce understand the rami?cations of this situation and wili take whatever steps are necessary to rectify it. Sincereiy, 01L Cm ROB IUNK Prosecuting Attorney Of?ce of Ross County Sheriff GEORGE W. LAVENDER, JR, SHERIFF minnow Service ROSS coum-cmwcome LAW summonses? cemee 5 ngg?lig 2? ?mm mm- Jail OHIO 455?? cameos Bureau 7? 3-1 138 Fax ?40) 773-1 245 Dep. Robyg Cottrill this notice is provided to you that a pre~disciplinaty conference will be held at 0800 hours on Fridav My 22. 2015 to provide you with the opportunity to respond to the following allegations. Alleged Offense: While investigating a complaint in reference to your relationship with an inmate?s brother and that he was being afforded special treatment; you were dishonest with inevstigators during your initial interview. You also admitted releasing infomation to a member of the general public after being ordered not to do so; therefore making you insubordinate. You admitted to sexual conduct while on zloty in a parked car in the Elks parking lot (Malfeasance). Yoe violated several Policies and Procedure including the Con?dentiality Agreement you signed. Slammer)! of Charges: Count l: Elwood); Failed to tell the truth during first interview. Count 2: insubordinption - You did release ipformatioo to a member of the general public about an ore?going investigation after being ordered not to do so. Count 3: Malfeasggee - You did admit having sexual copmt lg your vehicle while on Count 4: Violation of Policy and Procedure You have the right to appear at the conference to present an oral or written statement in your defense; (2) appear at the conference and have your chosen representative present and oral or written statement in your defense or; (3) elect in writing to waive your opportunity to have a pre-disciptinmy conference. Failure to respond or respond truthfully may result in further disciplinary actions. At the conference you may present testimony, witnesses, or documents which explain whether or not the alleged conduct occurred. You may be represented by on Union or Collective Bargaining steward or representative if covered by the bargaining agreement, or, if not covered, by any person you chose. If applicable, you shall provide a list of witnesses to the person conducting the conference named below no later than one (1) hour prior to the pro-disciplinary conference. It is yoer responsibility to notify witnesses that their attendance is desired. No conference will be delayed more than meaty-four (24) hours to enable your representative to attend. 24mm Ros?s ounty Sh?eii?? .. must be given to the ploy charged no less than 48 hours prior to an anticipated . or discharge.) Ross County Sheriff's Office investigative report Corrections Bivisioo Sop. R. Cottrill i Pro disciplinary hearing] May 22, 2015 On April 20, 12015 at approximately 1915, Sgt. A. Tomlison received a phone call from a female subiect inquiring about special treatment afforded to inmate ?.iustin Johnson?. The caller stated that due to inmate Johnson?s brother's relationship with Dep. R. Cottrill, that she was worried about preferential treatment. Sgt. A. Tomlison followed by informing Lt. Preston and me about the callers allegations towards Dep. Cottrill. i arrived to the Law Enforcement Complex a short time later, and returned the phone call to the complainant. The subject was identi?ed as September Hertenstein, who was currently involved In a relationship with inmate Justin Johnson. September informed me that she was worried about the preferential treatment being given to Justin, and that his brother was in a relationship with ?Robyn" from the jail. i asked September some specifics of the alleged relationship. She followed by informing me that ?Justin? had a picture in his ?cell phone" of Dep. Cottrili in "bra and undemear?, that was forwarded to him by ?Tyler Johnson?. September informed that ?Wyler? had been at Dep. Cottrill?s house on occasions when he had contacted her and Justin via telephone. September also informed me that ?Tyler? had met with Dep. Cottrill several times at her house. i interviewed Dep. Cottrill for the ?rst time on April 22, 2015, following interviews with both Justin and Tyler Johnson. During the ?rst interview with Dep. Cottrill, she denied all involvement with Tyler, other than some Facebook messaging. Bop. Cottrill denied any relationship or any inappropriate contact or conduct with Tyler Johnson. During a second interview with Dep. Cottriil she admitted to all the questions from the first interview, showing that she was dishonest in the first interview. Dep. Cottriil was ordered by me at the end of the ?rst interview that she was not allowed to discuss the interview with anyone. During the second interview, Dep. Cottrill admitted to telling Tyler about the first interview and information learned in the first interview. Dep. Cottrill was at this time insobordinate. Dep. Cottriil admitted in the second interview with me. that she had met Tyler outside the jail in the parking lot, while on break from the jail. and engaged in sexual activities in a car. This shows malfeasance. (see note 1 for de?nition) Through the. investigation dep. Cottrill was dishonest and was only honest in an attempt to save her position with our office, Bop. Cottrili did submit to a polygraph and showed the ability to tell the truth, however, it was also learned that dop. Cottrill was aware Tyler was a felon, continued in an inappropriate relationship. Dee. has violated several polices to ioolude, however, not limited to the foiiowiog. Gonerai 0rder~ Subject Oath of foioe? see note 2. General Order? Code of Ethics~ see note 3 General 0rdor- Regulations- (Hie Conduct unbecoming an officer (1 arid see note General Order? Regulations~ Compliance to Orders (1 and see note 5 Due to the totality of the investigation, and with consideration of all factors and policies violated, 1 recommend termination with the option to resign under - Under General Order- Subject Regulations? Sec (ll- Officers Removal- see note 6 531:. D. Hayburo unit 29 ass Co wtty Sheriffs 0f we Em sport Person Examined: Robyn Cottrill Date: 05-04-15 Investigator: Sgt. Dustin Hayburn Agency: Ross County Sheri? Dept. INTER VIEW: IA: Information was received implicating that 3. Ross Co. Sheri??s Of?ce Corrections Of?cer has been having a sexual relationship with a fdnner inmate, who brother is a current inmate. The caller had concerns that a Justin Johnson would be given special treatment, due to his brother Tyler Johnson sleeping with CIO Robyn Cottrill. Additional information was provided stating that Cottrill had proved Tyler Johnson with a photograph . that was texted to him showing C10 Cottrill only 1n her under garments. It' is also bielieved that Tyler Johnson had sent his brother Justin a text stating that he had engaged to sexual activities with CID Cottrill while she was on a break ?'om work. This sexual activity was to have occurred in the parking lot of the Sheriffs Of?ce or next to it. During the course of this investigation text messages and photo showing (310 Cottrill as described previously were secured. Cottrill was interviewed on use separate occasions. During the ?rst interview Cottrill denied that she had ever engaged in any sexual activity with Tyler Johnson. She also denied that photo as being her. During her second interview she did admit that she had been involved in a very short relationship with Tyler Johnson and that she had engaged in sexual activity with him, but only at her residence on just one occasion. She also admitted that she knew that Tyler Johnson was a convicted felon and tanner Ross County Inmate. . REPORT: The examination was conducted using the Arther testing format along with the Arther VI series polygraph. The following relevant questions were asked during the examination: Answer Question No While on duty, did you engage in any sexual conduct with Tyler Johnson? Yes While on a break ?'om work, did you engage in any sexual activity with Tyler Johnson in a vehicle? Yes Prior to engaging in a relationship with Tyler Johnson, did you already know he was a convicted felon? No While working in the Ross Co. Jail, have you ever engaged in any sexual activities with an inmate? Hays RESUL TS: The results of CKO Robyn Cottrill?s polygraph examination revealed that 0/0 Cottrill was being trudt?il in answering the above questions. . During Cottrill?s pro-exam interview she admitted that she had not been truthful during her ?rst statement to Hayburn. She explained that she was just afraid. She then stated that her second statement to Sgt. Rayburn was truth?xl. CIO Cottrill admitted that a?er her ?rst interview with Sgt. Haybum, she was ordered not to discuss this matter with anyone. CIO Cottrill states that she did not obey this order and did contact Tyler Johnson and told him and she was possibly in trouble for sleep around with him and for him sending her photo and naming his mouth to his brother Justin. Cottrill further states that it was at this time that she told Mr. Johnson that they were done and she could not have any further contact with him It was at this point that Cottrill was asked how she meet Tyler Johnson Cottrill admitted that she meet Tyler Johnson while he was an inmate of Ross County She denies that any inappropriate sexual activity occurred while he was an inmate. She admits that after his released they began to talk and that she ?iended hits on Facebook and shortly after this she began somewhat seeing each other. She admits that she knew that he was a convicted felon prior to engaging in a sexual relationship. - CIO Cottrill further admits that she and Tyler Johnson did have sex on just one occasion, that being at her residence. She explained that this occurred after midnight and that she sneaked him into her residence When asked to explain why she had to sneak him into her 0% house. She stated that her minor daughter was home in bed. When asked if any sexual activity occm'red while she was on break ?om work. At first - Cotaill stated no but she later stated that while taking one of her very rare breaks she contacted Tyler Johnson and informed him that she was taking a break. Mr. Johnson then meet with Cottrill behind that Sheriff?s Of?ce. CIO Cottrill states that she did enter Mr. Johnson?s vehicle while he was parked on the Elk?s Lot. Cottrill admits that she didn?t want anyone from the Sheriffs Of?ce seeing her in the car with a tower inmate so she instructed Mr. Johnson to pull behind that Elk?s lot and park. It was at this time that they began to talk and kiss. . At ?rst this is all that?C/O Cottrill stated happened. When she was informed that if anything else happened and she had not disclosed that she would in all likelihood fail her polygraph exam. CIO Cottrill then stated that she now remembered that Mr. Johnson to touched her vagina on top of her clothing while they were kissing, but this only lasted for maybe 2 or 3 seconds. When asked if she had touched his penis in any manner. That being on top of his clothing or where skin to skin contact occurred. Cottrill stated that she never did that. After the polygraph sensitivity test and after reviewing each of her test questions. Cottrill at ?rst answered no to all of the above questions. After recon?rming each of her responses to all questions. Cottrill was informed that if she had not fully disclosed all her activities with Tyler Johnson that were concerning the Speci?c questions that she had just reviewed, she would in all likelihood fail her exam. Hays Com-ill at this point did state that she had sex with Tyler Johnson on tore separate occasions, however she States that both occurred during the one and only time she sleep with him. CXO Cottrill at this point stated the}; she just now remember that Mr. Johnson did pull out . his penis while they were kissing in the parking lot behind the Elk?s, but she denies that she ever touched his penis. He only touched and rubbed her vagina for a few seconds on top of her clothing. All questions were reviewed for a third time, at which C10 Cottrill answered no to all questions except having prior knowledge that Mr. Johnson was a convicted felon. During Cottrills ?rst test. When asked if she had engaged in any sexual activity with Mr. Johnson while in his car. She changed her answer to yes. After this test CIO Cottrill was asked why she changed her answer. She at this point stated that no sex occurred just some petting and kissing. - At the conclusion of her polygraph exam 3 review of her charts was performed as well as reviewing the polygraphs scoring system. Based on (3/0 Cottrill?s recording is appears that CXO Cottrill did not engage in any sexual activity inside the Ross County Jail. It did reveal that 0/0 Cottrill did engage in a sexual relationship with a known convicted felon, as well as engaging in sexual activity with Tyler Johnson while on a work break near the Ross County Jail. Cottrill also stated that she has received some recent text from Tyler Johnson that she has not responded to. CKO Cottrill?s complete polygraph examination was audio recorded. A copy of this recording will be proved to Sgt. Haybum for his ?les. . Certi?ed Polygrap 3U at. any L. Wheaten Hays 22? m7? 5 7:15-5743:? Voluntarily without threats duress, coercion. pmisee of or rewani agree and stip?lhte to he interviewed audio: wt 3" .. u. th~vezi?eetion) exotitination {For the mute! W?tofmyself. the Ross Cami)! Sheriff?s Dept. and . . anythinglmay Imaytheteonsultwithan Wayne anyone I wish. before either signing this form or being interviewed andlorteiing the exmninetien; {may halve on enemy pmenl; cannotah'ordonattemeyam dame anemattomey thooppottnnity to wise all these rights atany timelwish timing the attire timoiamhue Nemtheleegieonxeottn them of etectremo hearing and recording devices, and I voluntarily request and authorize the Ross Cami? ?hui??e a: :1oner with the actual examination. tdo hereby authorize the Ross County Shui??s Department. its directoze, ot?m, employeea, ondior agents to ciisclose both orally cg! In szitiniihe Tewp?potygraph examination results and opinions ta directors, o?oeea, agents fully aware that the opinion may he that {have not been truthful Nevertheless, in automation ofantl as an inducement for the Rose Cotmty Shel-ifs Department, to give me this mmimtlon. [for myselfeed my Mm. meignm heirs, eicecutoxs, and ?111th knowingly healthy totally release, absolve, remioe; covenant. maxim, agree to save hamdess. waive, forever discharge, and hold flee ?ozn all harm, liability. or damage whatsoevu the Ross County Shui??s Department. the above nestled and all their respective directors. of?ces, unptoycee. and agetite hidividualty, . collectivdy. and personally Rum on? one? all suite, actions; or caused ofections at law, claims, dunands, damages; or liabilitieu whahoemgeititu in law or in equity including but not thnited to false meet, false impneemt. libel, slandex, continual disease, or invasion atoll my rights which}, my summers, assigns. heirs. matters, ?minimum have uowor em: have resulting dizeotly. indirectly. orrenmtety form being poeeible liabilities or damages flowing than the operation ofell eleohonio hearing and recording deviate, the mattered are! and written opinions and ammomt, andiorait ?xture notions taken by earlier all ofthe above hescdupon my taking this mutation. {understand that the rewrite elimination: may dither from one to anothez; that do utilize different: techniques in conducting polygaph Mentions; and that the mats ofthis mine?onmey not becausistent with themits ot'any pbiygraph mannimayhavehioen inthepastornuytake lathe ?tmeonthe same issues. As a further consideration and to have the R533 County 3W3 Department, conduct: the examination, 1 claim that i am in good mental and physical condition and thatl new ofno mental or physical ailment which might be impaired by the forthcoming examination. legellyhim?ng contract! JI not completelym an attome ,f/t ., age/4cm: (gimme) (SEAL, Signp?m: utMont??ih: examined) . This examination was concluded at an the above date. {completely re?e?irm in he mtirety my above agreement In addition, I haemgly and intelligently continued to twelve at! my rights. including those listed in theseeonci pmgtaphebove, and I willingly made at! the statement that I didmnloe. iatso entity that during the entire time {was here {have been well-treetetl, submitted myeelf ?eet? to the interviewfpolygtaph examination knowing that I could stop any time I So desired by merely saying {whitest to stop or mat}: wished to consult an attorney or any other person. lmioed here of my ova: flee will knowing that! caulk! leave this mom at any line I so desired. and that there were no threats promises, or any harm whomever done to me dining the entire petiod I have been here either at so - with the interview/polygraph examination or my again signing this agreement, stipulation, tr?) em: a of?pet??io'n to'lzo'exemioed) sreemen 1m extant oti mpetent advise, such as that tee dawned, do not sign ?9'de LAST CHANCE AGREEMENT WHEREAS, on May 22, 2015, a pre~discipline meeting was held between The Ross County Sheriff?s Office and Dep. Robyn Cottrill; WHEREAS, with the exception of the present proposed disciplinary action, Dep. Robyn Cottrill?s job perfonnance since becoming Deputy Sheriff Corrections has been acceptable; WHEREAS, Sheriff George W. Lavender Jr. believes that it would be in the best interests of The Ross County Sheriff?s Of?ce to resolve the present disciplinary diapute and attempt to preserve the substantial investment it has made in Dep. Robyn training and complement; NOW, THEREFORE, the patties agree as follows: 1. By signing this Agreement, Dep. Robyn Cottrill understands and acknowledges that she is giving up his right to appeal, grieve, arbitrate, litigate or otherwise contest in any forum the ?lamination to be imposed by The Ross County Sheriff?s Of?ce for the reasons stated in the Notice of Disciplinary Action attached to this Agreement. This Last Chance Agreement and Boundaries training is being imposed in lieu of the termination of Dep. Robyn Cottrill set forth in this paragraph and below in. paragraphs 2, 4 and 7. 2. By signing this Agreement Dep. Robyn Cothill understands and aclmowledges that, for a period of 24 months after the execution of this Agreement, she may be terminated, without pro-disciplinary notice or the right to any type of post-.terminatim appeal, grievance, arbitration or litigation in any forum as to the appropriateness of the penalty, for any act of failure to respond, or failure to report, or conduct which demonstrates disregard for the reSponsibilities inherent to the duties of being a Deputy Sheriff 1' Corrections which the Ross County Sheri??s Of?ce detennines that she has committed and which came to the attention of the Ross County Sheriff?s Of?ce during that 24 months. Dep. Robyn Cottrill?s termination under this Agreement shall be erbitrable, but the arbitrator shall only have the authority to determine if the offense was committed. The arbitrator shall have no authority to modify the Bop. Robyn Cottrill?s dismissal, unless it is determined that no offense was committed by Bap. Robyn Cettrill. [a the event that it is determined that no offense was committed, Robyn Cottrill shall have no further pasta-termination appeal or litigation in any forum. Dep. Robyn Cottrill understands and acknowledges that very high standards applicable to all law enforcement employees relative to honesty, veracity and reporting as well as the potential job~related nature of an employee?s off-duty conduct. 3. Except as provided otherwise in this Agreement, upon Dep. Robyn Cottrill?s return to work he shall retain her rights under the Civil Service Rules of The Ross County Sheriffs Of?ce] and any Memorandum of Understanding applicable. Nothing in this Agreement shall be deemed to be a waiver of those rights. 4. As fm'ther consideration and inducement for this Agreement, Dep. Robyn Cottrill understands and expressly agrees that this Agreement extends to all claims of any nature related to her employment with The Ross County Sheriff?s Of?ce and arising item the present disciplinary action, known or unknown, suspected or unsuspected, past or present, and all rights under Federal and Ohio law. 5. Dep. Robyn Cottrill acknowledges that prior to signing this Agreement, she was provided with the opportunity to consult with legal counsel of her choice and that he is voluntarily entering into this Agreement and not relying on any representation made by The Ross County Sheriff?s Of?ce except as expressly provided herein. 6. The parties acknowledge that this Agreement constitutes a single integrated agreement expressing the entire agreement between the parties. There are no other agreements, written or oral, express or implied, between the parties hereto concerning the subject matter of this Agreement. 7. Dep. Robyn Cottrill expressly agrees and waives any right to challenge the validity of this Agreement. In the event that litigation is necessary regarding the interpretation of this Agreement, each side shall bear their own costs of suit and attorneys? fees regardless of who is the prevailing party. This Agreement is entered into in the State of Ohio and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with the laws of the State of Ohio. 8. The parties agree to maintain the con?dentiality of this Agreement to the extent permitted by law. fad/?9 v/g; Union ?presentative/ Date