With all the issues surrounding the new Lebanese government, a man who fails to appear in court before the city prosecutor could lose custody of his daughter.
Brandon Smith appeared in Montgomery County Western District Court this morning, but no one from New Lebanon was there to represent him and the state.
Smith told News Center 7's Mike Campbell that a judge suppressed a confession from a woman accused of filing a false report that kept her away from her daughter for a year.
When asked how she was feeling, Smith said she was “very, very angry.”
Mr. Smith is accused of making false statements against his ex-wife during a custody battle, but her confession was rejected because the person who was supposed to serve as New Lebanon city prosecutor failed to appear. He said it could be scrapped.
“I just don't understand how someone could be so disappointed,” Smith said.
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News Center 7 previously reported that the New Lebanon Village Manager, four department heads and three other employees were placed on administrative leave and then fired for several weeks during an ongoing investigation into the village's financial issues. It was reported over a period of time.
An acting village chief was established and the village hired Beavercreek Law Firm as acting legal counsel.
The acting city manager told News Center 7 that a prosecutor had been appointed as of Monday afternoon, and News Center 7 has reached out to the acting attorney's law firm and is still awaiting a response.
“Without a prosecutor, there is no one to make sure my rights are upheld,” Smith said.
Smith said he hasn't seen his 7-year-old daughter in almost a year since the child's mother accused him of the crime.
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He said federal agencies and the New Lebanon Police have cleared him of any wrongdoing.
“This is a chance for me to get justice, see my daughter and have it postponed,” Smith said.
Smith said she is upset and angry that her case has stalled.
“It's because of the small community I live in, my small town, not a huge corporation,” Smith said.
Smith said he was told that no one has been working as New Lebanon city prosecutor for the past three weeks. Court officials could only confirm this morning that no one had been heard.
Mr. Smith is currently being contacted by someone representing the state of Ohio in his case, but he is not aware of any other New Lebanon cases that have been referred to this court.
