Butler County prosecutor, sued over handling of rape case, wants accuser sanctioned for ‘frivolous conduct’

Butler County Prosecutor Mike Gmoser is asking the Ohio Supreme Court to dismiss an action filed by a Cincinnati attorney and sanction her for “frivolous conduct.”

Jennifer Kinsley sued Gmoser in the high court last week saying he hijacked the rape case in which she is the victim, without judicial approval. Gmoser’s office wasappointed special prosecutor at Hamilton County Prosecutor Joe Deters’ request.

RELATED: Alleged rape victim sues Butler County prosecutor over the handling of her case

Presiding Hamilton County Common Pleas Court Judge Charles Kubicki signed an order May 21. He appointed Assistant Butler County Prosecutor Brad Burress to handle the Aaron Roco case in which Kinsley is the alleged victim because “a conflict of interest does now exist making it inappropriate for the Office of the Hamilton County Prosecuting Attorney to continue in the prosecution.”

Gmoser today asked the high court to dismiss the case, saying Kinsley has “used the complaint in this case to continue her efforts at forum shopping and her further efforts to undermine prosecutorial discretion in representation of the State of Ohio.”

She claims Deters and now Gmoser are trying to force her to accept a plea deal.

“Both prosecutors have agreed to an unprecedented plea bargain with an indicted rapist that ironically coincided with a major campaign contribution from defense counsel,” she wrote. “This plea was negotiated and agreed to without (Kinsley’s) consent and over her consistent objection.”

Chief Assistant Prosecutor Dan Ferguson filed the motion to dismiss and asked the high court to make Kinsley pay attorneys fees and issue sanctions. He wrote that Kinsley, as an attorney, she “should know better” than to have filed this action.

“As an attorney, she should be very aware that the recollections and emotions of a victim may not always match the provable evidence. As an attorney, (she) should further recognize that her efforts are an assault on the judicial and prosecutorial process,” Ferguson wrote.

“She should know better. As a result of these blatant breaches of protocol by a member of the bar, Respondent requests that this court consider sanctions against Relator.”

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