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Dayton federal judge reprimands assistant U.S. attorney

DAYTON — A federal judge recently reprimanded a Dayton-based federal assistant prosecutor for violating rules of professional conduct.

U.S. District Court Judge Thomas Rose ruled that assistant U.S. attorney Dwight Keller improperly introduced a suppressed document into evidence during the trial involving defendant John Sember, who was acquitted of theft of government property.

Rose further ruled that Keller must submit a declaration identifying the source of every non-testimonial piece of evidence and attesting it has not been suppressed.

Rose ruled that a finding of criminal contempt was not appropriate, but that “the conduct nonetheless fell below the high standard required of federal prosecutors and violated the Ohio Rules of Professional Conduct.”

Prosecutors made a motion for Rose to reconsider, which he did, and the judge on Tuesday removed Keller’s co-counsel Julie McCammon from the reprimand.

In court documents unsealed by Rose, Keller wrote that the error was inadvertent and, “For this failure, the undersigned sincerely apologizes.”

When asked to comment, Southern Ohio District U.S. Attorney’s Office spokesman Fred Alverson wrote: “The judge concluded that the lead counsel was solely responsible for the unintentional violation of the court’s suppression order by introducing a document that both parties used without objection at trial.

“We of course will comply with the court’s order as we continue to work diligently to deliver justice on behalf of the people of the southern district of Ohio.”

Sember’s attorney, Lawrence Greger, who brought the issue to Rose’s attention, wrote that, “I did not object because I could never believe that in fact the government would use and admit a document a court suppressed,” according to court documents.

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