MAHONING COUNTY Gains seeks reason for delay in case

The CSB director said police did not ask that a caseworker go to the apartment.
By IAN HILL
VINDICATOR STAFF WRITER
AUSTINTOWN -- Mahoning County Prosecutor Paul Gains wants to know why it took about six weeks to file charges against a North Raccoon Road woman suspected of allowing her young children to play unsupervised in a busy street.
Police found Neda Brimhall's 1-year-old son on North Raccoon Road at 2:30 a.m. Sept. 9. They also found her 2-year-old daughter on the road Oct. 11, and both children were said to be playing on the road Nov. 25.
On Tuesday, Gains sent a letter about Brimhall's case to Gordon Ellis, Austintown police chief, and Denise Stewart, director of the Mahoning County Children Services Board.
In his letter to Ellis, Gains asks why the child endangerment charges against Brimhall, 22, weren't signed by police until Oct. 24.
The police were required to sign the charges before they could be filed.
Gains also asks Ellis for suggestions on how to avoid similar delays.
"We want to make sure that if there are revisions to make to the system to avoid this happening, that we revise the policy," Gains said.
In his letter, Gains states that he has asked his secretaries to notify police by phone and fax when charges are going to be filed.
Responses: Ellis said he received the letter Wednesday and is reviewing the matter. He declined to comment further.
In his letter to Stewart, Gains asks why a CSB caseworker refused to come to Brimhall's apartment when called by police Sept. 9.
Stewart answered that caseworkers were notified of the situation but were not asked to go to the apartment.
"Should they need our assistance, all they would need to do is ask," she said. Gains said his question was based on information in police reports.
However, Stewart said, "I see nothing to base that on."
A case-tracking log supplied by Gains shows that his office received the police reports about the Brimhall case Sept. 19. The log states that by Sept. 20, a juvenile prosecutor had reviewed the reports and decided to issue child endangerment charges against Brimhall.
Gains wrote that Sept. 20, Karen Penwell, a secretary for the prosecutor's office at the juvenile court, called the Austintown police department to ask that the charges be signed. Penwell told Gains that she left a message on a voice mail system.
Gains said Penwell does not remember who was supposed to receive the message.
What happened: On Oct. 11, police found Brimhall's 2-year-old daughter in the middle of North Raccoon Road, where she was almost hit by a car.
The charges were signed by Austintown Police Detective Sgt. Ray Holmes on Oct. 24. The Sept. 9 and Oct. 11 cases were combined, and Brimhall pleaded innocent to three counts of child endangerment Nov. 20.
Despite the charges, Brimhall retained custody of the children.
On Nov. 25, local residents found the children running on North Raccoon Road. Brimhall was charged with another two counts of child endangerment, and she signed an agreement giving CSB custody of her children for 30 days.
County Juvenile Court Judge Theresa Dellick later extended that pending further court action. Brimhall pleaded innocent to the latest charges Friday, and a pretrial hearing for all cases has been set for Jan. 9.
hill@vindy.com