Gmoser said Hatfield’s remarks could affect officers across the region by creating an appearance of bias in cases involving police conduct.
Hatfield posted on LinkedIn that Gmoser “decided to go after a good cop” in Middletown and charge the officer criminally in “a lightweight case that will get beat.”
“He has some assistant prosecutors in his office that are so far left it wouldn’t surprise me if they start dying (sic) their hair blue and will no-bill cases on real criminals,” Hatfield said in the post. “This is why a majority of cops in this county have no confidence in Gmoser. I said what I said.”
Hatfield’s post came after a Middletown police officer was indicted on two misdemeanor dereliction‑of‑duty charges related to a Jan. 3 incident, according to Butler County court records. A grand jury report shows the officer is charged with reckless behavior and negligence, and the case has been sent back to Middletown Municipal Court.
Reckless behavior involves “a heedless indifference to consequences,” while negligence is a breach of duty of care, according to Gmoser.
FOX19 reported the officer allegedly allowed a handcuffed teen to be whipped with a belt by his step‑grandfather after responding to a domestic incident.
Gmoser subsequently told the Journal‑News he did not authorize the release of that information and would not confirm whether the details reported by FOX19 are accurate.
Second‑degree misdemeanors in Ohio carry a maximum 90‑day jail sentence.
The officer remains on paid administrative leave, a Middletown spokesman confirmed Thursday evening.
Dan Hils, a Middletown police union spokesman who is president of Front Line Advisors and a former Cincinnati Fraternal Order of Police president, said the officer “is not represented by the union official who made comments about the prosecutor, and she did not ask him to make comments on her behalf.”
When reached by phone Thursday, Gmoser confirmed he had resigned from FOP 38 in response to Hatfield’s post.
He said he would not comment further until Patterson’s case is resolved, as well as a separate case involving a Hamilton police officer indicted on four misdemeanor assault charges from a 2025 use‑of‑force incident.
In his March 9 letter to Jones, Gmoser said the issue was not Hatfield’s right to criticize him or his staff.
“What it is about is making a statement about police behavior in a pending case that displays an underlying predisposition to justify a level of alleged criminality,” he said.
Gmoser pointed out that Hatfield’s post claimed the Middletown case “is unfounded” and the officer “won’t be proven guilty.”
“There is no place for his opinions on behalf of an FOP chapter regarding any pending case involving police conduct,” Gmoser said. “His opinions show a predisposition for judgment regarding allegations of police dereliction. That is the line he has crossed, and there are consequences.”
Gmoser said Hatfield’s comments prompted him to create a Brady List for the first time in his 15 years as prosecutor, and he is placing Hatfield on it.
A Brady List is a list kept by prosecutors that names police officers with past misconduct, such as lying, showing bias or using excessive force; that could make their testimony unreliable in court.
Inclusion on Gmoser’s Brady List “may well affect his utility in any investigation requiring his testimony in any court proceeding regarding police conduct or misconduct and any other case involving impermissible bias,” Gmoser said to Jones.
“I am leaving it to you to determine how his utility will be used given that his post and my conclusions are Brady material,” he said.
Gmoser said he previously handled such issues on a case-by-case basis, but recent cases in Hamilton and Middletown now require a formal list.
“For many years I have avoided the maintenance of a Brady List. I have weighed the balance of such an official list against other procedures that accomplish the same purpose,” Gmoser said. “Through the years of my tenure, the media has come to understand that I maintain no such official list and handle the issue on a case‑by‑case basis at the Grand Jury and by other means that do not allow an official list to be misused.
“Regrettably, that procedure can no longer be followed, and an official list is instituted. The two recent cases in Hamilton and Middletown are obvious examples, regardless of outcomes. Brady and its progeny impose upon me an affirmative duty to not only consider and report Brady issues but also an affirmative duty to look for and find Brady material.”
Reached by Journal-News Thursday evening, Stephen Lazarus, the attorney who represents Hatfield’s union chapter and dozens of police unions across Ohio, said Hatfield “has come out and advocated on behalf of law enforcement in his role as FOP president.”
“To be put on the Brady List, basically retaliated against because he’s advocating for law enforcement, this is wrong,” Lazarus said. “The FOP will be taking legal action on this to try and rectify the situation.”
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