Hearing on possible violations of law in 1996 murder case

LIMA – A hearing was held Thursday in Allen County Common Pleas Court to determine whether there was a violation of law in a man's 1996 murder case.

A motion filed in December 2021 by Artillis Gibson's attorneys seeking a new trial and/or post-conviction restitution stated that the Brady Rule was violated in the bench trial in connection with the murder of Eddie Delaney took place because prosecutors failed to call a key witness to testify in the case. The motion states that the trial relied heavily on witness testimony because there was no physical evidence such as DNA or fingerprints.

In August 2022, the Ohio Bureau of Criminal Investigation again attempted to search for DNA on the bullet casing found at the crime scene, but was unable to obtain a DNA profile.

“The prosecution has a constitutional duty to disclose to defendants all material, advantageous information in its possession, regardless of whether they are asked to do so. This duty is violated regardless of whether this information is intentionally or unintentionally withheld,” it says it on the Cornell Law School website about the Brady Rule.

Gibson, 61, received 15 years to life in prison on that charge and an additional three years on a weapons specification. According to the Ohio Department of Rehabilitation and Correction website, Gibson's release/parole date was September 1, 2023.

The Third District Court of Appeals also reviewed the case after Gibson's conviction and affirmed the findings.

Three people connected to the case were called to testify Thursday: the witness who did not testify in 1996, Charles Cook; Gibson's sister Larcenie Mines; and the now-retired Lima police detective who worked the case, Rebecca Kinkle.

While Gibson was in prison, Kinkle's reports on the case claimed that Cook and two other inmates confirmed that Gibson had threatened to kill Cook and that he had admitted to killing Delaney. The other two inmates were involved in the case and testified, but Cook never did. Kinkle's report said she checked the other inmates' stories with Cook.

When testifying Thursday, Cook said Gibson never threatened him but instead stood up for him a few times against other inmates who bullied him. He said he didn't know Kinkle and had never spoken to her, prosecutors or defense attorneys about the case. He didn't know his name was involved in the case until Gibson's sister reached out to him in 2020.

Kinkle said she never got in trouble during her time as an officer, aside from not wearing a hat once, and that she received several awards throughout her career. She said she would never include in her reports anything that didn't happen.

Prosecutors and Gibson's lawyers have until November to file written closing arguments, and then Judge Terri Kohlrieser will decide whether a Brady violation occurred.

Reach Charlotte Caldwell at 567-242-0451.