By John Estridge from hearing transcript
A transcript of the Motion to Suppress Hearing, which has prompted an Indiana State Police investigation into the Brookville Police Department and the chief of police and another BPD officer being put on Administrative Leave, was released to the public Tuesday, August 9.
Trevin Thalheimer and Garrett Pierce were arrested in January of this year for Possession of Marijuana and Possession of a Legend Drug after the BPD executed a search warrant on their residence on High Street in Brookville.
Thalheimer was also arrested at that time for a sex-related charge on an alleged incident that occurred in May 2021, about eight months before the January arrests. However, the Franklin County Prosecuting Attorney Chris Huerkamp did not file any of the sex-related charges Thalheimer was arrested for.
According to testimony in the hearing, the arrest on the alleged sex-related incident and the charges resulting from the execution of the search warrant seem to be politically motivated. Thalheimer was going to run for an open Brookville Town Council seat, but after the arrest, he withdrew his name.
The hearing was held on July 19 before Franklin County Circuit Court II Judge Clay Kellerman. Brookville attorney Jud McMillin represented Thalheimer while Rushville attorney Paul Barada was Pierce’s attorney. Huerkamp represented the state.
The Phone Call
McMillin called Elise Whittamore to the stand. Also a Brookville resident, Whittamore said she received two phone calls within one hour and two minutes of each other on Jan. 26. The calls were from BPD Officer Ryan Geiser.
According to Whittamore, the two were casual acquaintances. Their respective daughters were in youth softball together three years ago when the girls were 5. Apparently, the two, Whittamore and Geiser, coached.
Whittamore has calls from numbers not in her personal directory to go straight to voicemail. When she had time, she returned Geiser’s calls. Geiser asked Whittamore if she would be interested in taking the open Democratic seat on the Brookville Town Council. In the weeks leading up to Geiser’s phone call, BTC member Eric Johnson had resigned leaving an open seat. Since Johnson was a Democrat, the Democratic Party elected an individual living in Johnson’s Ward to take his place.
According to Whittamore, she has never been politically active and never voted. She did not know if she was even still registered to vote. She also does not know what the council members’ duties are and has never attended a meeting
During the dozen-minute conversation, Geiser told Whittamore he thought she would do well on BTC, and then, he talked about Thalheimer.
“So, towards the end of the call he had told me he said, ‘Well, you know Trevin Thalheimer is trying to get this spot on the board.’” Whittamore testified during the hearing. “And I said, ‘Oh, yeah?’ Like, because it didn’t make a difference to me. And he said, “Yeah, we don’t want him on the town board because he hates cops.’ And I said, ‘I’ve known Trevin my whole life. I’ve never seen him or heard him say a single bad thing about police officers.’”
‘Well, we don’t need him on the town board. We don’t want him on town board.’ Whittamore testified that Geiser responded.
Before the call ended, Geiser told Whittamore if Whittamore took the open BTC seat, she would be able to get her friend the position of secretary of the BPD, Whittamore testified.
Whittamore told the court about six months before the call, a female friend had applied for the BPD secretarial position. However, the friend had once “put her hands on (BTC member) Brooke (Leffingwell), and Brooke pressed charges.”
Geiser told Whittamore Leffingwell was the reason Whittamore’s friend did not get the position, Whittamore testified. Under follow-up questioning, Whittamore said she had never discussed this friend or this situation with Geiser.
A few days later Whittamore read in the local paper Thalheimer had been arrested by Geiser on charges including the sex-related charge.
And that struck Whittamore as being odd, and it upset her, she testified. This caused her to call Thalheimer where she told Thalheimer about her phone conversation with Geiser.
Geiser had also been subpoenaed but had not shown up to the hearing. The hearing was recessed until Geiser arrived at the hearing.
Under subsequent cross examination by Huerkamp, Geiser said BPD Chief Terry Mitchum instructed Geiser to make the call to Whittamore. At first in his testimony, Geiser said it was a mixture of himself and Mitchum that led to the phone call. However, when asked specifically, he answered Mitchum was the impetus behind the phone call.
Geiser said Mitchum asked Geiser if he knew anyone in Johnson’s Ward. Geiser told Mitchum Geiser knew Whittamore.
“Did he (Mitchum) suggest maybe you should give her a call?” Huerkamp asked.
“He did,” Geiser answered.
“What did he – by the way, what exactly did he suggest should be the subject matter of the call, if he did at all?” Huerkamp asked.
“If she would be interested in putting her name for the Democratic seat at the town board,” Geiser answered.
Huerkamp then questioned Geiser about the BPD’s interest in local politics.
“The town board is essentially who provides our funding, who – I guess it’s our bosses over the boss, per se,” Geiser testified. “The functionality, everything that correlates with the police department.”
Huerkamp asked what Mitchum had said about Thalheimer running.
“That he has had a lot of run-ins with the Thalheimer family and that they were not supportive of the police department,” Geiser answered. “And another family member at some point I guess was on the board in previous years prior to me even being in Indiana.”
Huerkamp asked Geiser if it is normal for the BPD to be involved in local politics.
“I mean, Officer Geiser, you’ve been around here as an officer for a while. Have you ever been that politically involved?” Huerkamp asked.
“Not typically, no,” Geiser answered.
Huerkamp asked Geiser if this case made him feel uneasy with the politics being involved. Geiser answered in the affirmative. Then, Huerkamp asked Geiser if this is not why police departments should not be close to the political process.
“Absolutely,” Geiser answered.
“I mean, you know, let’s not put our head in the ground,” Huerkamp followed up to Geiser’s absolutely. “I mean, we all know people talk and things like that. But who would you say – who is primarily responsible for this political bend to the Brookville Police Department?”
“It would be the chief,” Geiser answered.
“How long has that been going on?” Huerkamp asked.
“For Chief Mitchum, I – whenever he became the chief of police, which I – I’m not sure of the year. I – it – it was – it was – it’s either 2019 or prior,” Geiser said.
Getting the Warrant
On Jan. 28, two days after the phone call, Geiser said he was in a patrol car with assistant chief Michael Strait, and a High Street resident flagged them down. The resident told Geiser, the resident had been in the hospital and when he returned, he found his home had been burglarized. According to Geiser’s testimony, the individual said the people who lived at another address on High Street were supposed to be watching his house while he was in the hospital. The place he pointed to is where Thalheimer and Pierce lived.
However, Geiser did not make a report on the burglary. Geiser said he was waiting for a list of objects taken in the burglary from the High Street resident.
Barada asked Geiser if it is still burglary if someone breaks into a house with the intent to burglarize and does not take anything. Geiser said it was.
Geiser called the person who flagged the officers down as “sporadic” saying he has been involved in drugs. And, in answer to a Huerkamp question, said the person is not reliable.
Even though he did not make a burglary report, on a Friday night, two days after Geiser and Strait were flagged down about the alleged burglary, Geiser went to Thalheimer and Pierce’s residence to question them about the alleged burglary.
Geiser, accompanied by Assistant Chief Michael Strait, went to Thalheimer and Pierce’s residence. Strait remained in the car. Geiser said he went up to the door and knocked. Pierce answered the door with a female and a dog behind Pierce. During the ensuing four-to-five-minute conversation where the door was open the entire time, Geiser said he smelled both burned and raw marijuana. That became the basis for the search warrant.
However, Pierce’s memory was much different. Pierce said from his sitting position, he could see a police car pull up in front of his house and went to the door to see what the problem was. Before the door is a covered porch and when Pierce opened the door, Geiser was still standing on the front lawn in the snow. Geiser had not knocked because he did not get close enough, Pierce said.
The dog was a large puppy, according to Pierce, and the puppy was trying to get out. The female was wrestling with the dog, and after about 30-45 seconds secured the dog, shut the door and came outside with Pierce. Thus, Pierce said the door was open for only 30-45 seconds with Geiser standing about 20 or more feet away from the door. Pierce said it was winter, and the wind seems to always blow along High Street so there was more than likely a breeze.
Geiser said he did not seek a search warrant until Saturday morning. And the search warrant was not served until Sunday. According to Geiser, it was not served until then because the BPD did not have the needed manpower to serve the warrant until that time. BPD Officer Sam Williams and Mitchum accompanied Geiser to serve the warrant. Geiser said they found marijuana and a legend drug.
When Pierce testified, Pierce said he talked to the resident Geiser claimed flagged Geiser and Strait down about the alleged burglary. The High Street resident told Pierce the burglary occurred 18 months prior to that January day.
The Arrest and Subsequent Charges
Thalheimer was not only charged with the possession of marijuana and the legend drug Geiser said they found, Thalheimer was also arrested for the sex-related charge. Huerkamp did not file charges at the time of the alleged incident, and he did not file charges after the arrest.
At first during the testimony, Geiser said he made the arrest on the sex-related issue due to the investigating officer of that alleged incident, Donald Forsee, directing Geiser to make the arrest.
“From the investigation that Officer Forsee was conducting, he had received evidence back from the state police,” Geiser said. “I believe it was DNA evidence. And when speaking with him, he asked me to arrest him on probable cause of his investigation.”
“So, Donald Forsee asked you to arrest him on that?” McMillin asked.
“Yes,” Geiser answered. “On that specific charge.”
“Why would Donald Forsee not be able to conduct that arrest?” McMillin asked.
“I’m – I’m not sure,” Geiser answered.
McMillin then asked Geiser about the DNA evidence.
“What, pray tell, was the DNA evidence that you had received back?” McMillin asked.
“The only information that I knew is that DNA evidence in his case was a confirmed match to Trevin Thalheimer,” Geiser answered.
“Do you know where the DNA evidence came from?” McMillin asked.
“I do not,” Geiser answered.
“So, you don’t have any real information on what that DNA evidence was?” McMillin asked.
“I do not, which is why my report, I instructed whoever was reading it to go to his report for any further details on that,” Geiser answered.
McMillin then asked Geiser if anyone at the BPD had informed Huerkamp, the county’s prosecuting officer and thus, the county’s chief law enforcement officer, about the DNA evidence before Geiser decided to arrest Thalheimer on the allegations from May 2021
“I’m not sure,” Geiser said.
“Nobody asked if it would be a good idea to get a warrant for that arrest?” McMillin asked.
“I’m not sure,” Geiser answered.
“You didn’t, did you?” McMillin asked.
“No, I did not,” Geiser said.
“But you did in fact arrest him on that charge, which led to this, correct?” McMillin asked.
“Yes, that was one of his booking charges that was put on the book-in sheet,” Geiser said.
On cross examination, Huerkamp asked Geiser about the sex-related charge.
“Who else did you talk about – is there anyone else you talked to about proceeding like that?” Huerkamp asked.
“The chief,” Geiser answered even though Geiser said it had been Forsee in earlier testimony.
“What did the chief tell you?” Huerkamp asked.
“To arrest him on those charges,” Geiser said.
“Chief Mitchum ordered you to arrest him?” Huerkamp asked.
“Yes,” Geiser answered.
“Did he order you to lodge him in on those charges?” Huerkamp asked.
“Yes,” Geiser answered.
“I know this is hard for you,” Huerkamp said. “You’ve been an officer for a while.”
“Yes,” Geiser said.
“Have you ever in your career made a PC arrest for (sex-related crime) that wasn’t your case?” Huerkamp asked.
“I have not,” Geiser answered.
“How did you feel about that?” Huerkamp asked.
“A little uneasy,” Geiser said. “But at the same time, I guess he – he had made those orders for me to arrest it. And based off of the information that was received on the DNA evidence, that’s why,” Geiser said.
“So, it wasn’t Forsee?” Huerkamp asked.
“It was a mixture of both,” Geiser said.
“Okay,” Huerkamp said. “Forsee’s your subordinate, correct?”
“Yes,” Geiser answered.
“Who’s your superior?” Huerkamp asked.
“Chief Mitchum,” Geiser answered.
Okay,” Huerkamp said. “So, it wasn’t Forsee begging you to arrest and apprehend Trevin Thalheimer?”
“No,” Geiser answered.
“It was the chief who ordered you to do that?” Huerkamp asked.
“Yes,” Geiser answered.
McMillin then questioned Geiser further on re-direct.
McMillin had documents which stated the purported DNA evidence came to the BPD at 9:47 a.m., Jan. 28. Geiser said the person reporting the burglary on High Street flagged him and Strait down at 5:55 p.m. Jan. 28.
“Eight hours after you had gotten the DNA evidence, correct?” McMillin asked.
“That Officer Forsee had gotten that, correct,” Geiser answered.
“That Chief Mitchum was aware of, correct?” McMillin asked.
“I – I’m sure he was,” Geiser answered. “I can’t say whether or not he was aware of that or not at that time.”
McMillin asked if Mitchum ordered Geiser to arrest Thalheimer before Geiser allegedly was flagged down by the High Street resident who pointed to the Thalheimer residence.
Geiser said Mitchum instructed Geiser to arrest Thalheimer and book Thalheimer on the sex-related charge at the day of the search warrant execution.
“So, it is just a coincidence that with all this stuff going on, you happened to be run into (High Street resident) eight hours after that information came in,” McMillin said. “(The High Street resident) just happened to point at the house of Trevin Thalheimer, who happened to be the individual who is running for the seat who you have said both yourself and Mr. Mitchum did not hope to see on the board and who you already called two days prior to that Elsie Whittamore to try and get her on board to unseat Trevin so that (Whittamore’s friend) could get a job. All of this is just a coincidence?”
“Yes,” Geiser answered.
Huerkamp joined with the defense attorneys’ motion to dismiss the charges against Thalheimer and Pierce at the hearing’s end. Kellerman dismissed the charges.
