Butler County Prosecutor Mike Gmoser: 'I'm proud of my record'

BY ANNA QUENNEVILLE

Miami University Journalism Student

Butler County Prosecutor Mike Gmoser starts and ends his day precisely the same way: One banana, four microwaved strips of bacon, a donut and half a pot of coffee.

Dinner is also the same. Six-and-a-half minutes on high, six-and-a-half minutes on low and peel back the corner.

It’s the hours in between that have allowed him to become one of the most successful prosecutors to date in Butler County.

"My greatest loss. I'm happy to report, none. I haven't lost a case since I've been in office and before I took office the person that was running against me couldn't find a case that I did lose. So, I'm proud of my record let's leave it at that," said Gmoser.

He considers his most recent conviction one of his most significant.

"It involved an American hero. A fireman who lost his life going into a building under the belief that there were occupants," said Gmoser of Hamilton firefighter Patrick Wolterman, 28, who died in a house fire in December 2015.

The aggravated arson and murder case against homeowner Lester Park and his nephew William "Billy" Tucker was far from a slam dunk. Without any direct witnesses or confession, Gmoser painstakingly built the case on a series of circumstances and persuaded the jury that the two hatched the arson plan to collect insurance for Parker. Tucker, Gmoser argued, was paid in painkillers for setting the fire.

The jury convicted both men in less than four hours. Both men are serving life sentences in Ohio prisons.

It took Gmoser and his staff a year to charge the men and another year to prepare for trial. He joined Chief Assistant Prosecutor David Kash in the prosecution.

Gmoser said that he had a set direction on how this case was going to be handled in the questioning of the jury and the opening statements, two areas where he took charge.

"It's very important that the opening statement be done in detail with a lot of repetition and hopefully with a way that keeps them interested in what you're doing. There is a little drama to it. We tell the jury this isn't Perry Mason or a TV show, but then we try to make it like Perry Mason and a TV show to keep them interested," said Gmoser.

The style of Gmoser and his prosecution partner could not be more different.

Kash referred to himself as reserved and Gmoser as, “histrionic.” This was evident during his hour-long opening statements in which he walked the jury through the case in a dramatic and descriptive fashion with his no-nonsense approach on full display.

“As with all lawyers, everyone has their own style, he has his own style which requires me to somewhat adapt to his style and we accomplished what we wanted to,” said Kash.

Gmoser hasn't always been a compelling presence in the courtroom.

He graduated in 1968 from Miami University where he studied history. It wasn’t until graduate school that he realized he wanted to take a different path. While he was writing his thesis on student activism in the early American universities he decided to leave and go to law school without any regrets.

“It was the dullest damn thing I could’ve thought to write on and that’s what I was doing and I thought I am not doing this,” said Gmoser.

In 1973 he graduated from Salmon P. Chase College of Law and won a clerkship to the presiding judge of the Butler County Common Pleas Court, Judge Fred Cramer. This provided him with the opportunity to watch experienced lawyers try cases, an experience he referred to as a “real marvel.”

His desire to become a prosecutor became a reality when he was asked to join the Prosecutor’s staff as an assistant and quickly worked his way up to become Chief Assistant.

During this time he handled some of the most important cases of that era such as the James Ruppert murder trial, which he tried as an assistant to John Holcomb. Ruppert, 83, is serving two life sentences for the murder of 11 family members on Easter Sunday 1975 in Hamilton. At the time, the massacre was the deadliest in Ohio history and among the worst in U.S. history.

This wasn’t the only time he was the assistant to John Holcomb. In 1978, Gmoser played a significant role in the Elizabeth Andes murder trial. Cincinnati Enquirer reporter, Amber Hunt, investigated the case in 2016 for the podcast Accused. The podcast cast doubt that authorities arrested the right man in the death of Andes, who was a recent Miami University graduate.

Hunt has unsuccessfully tried to speak with Gmoser since the fall of 2015 to discuss new charges being filed, missing evidence and why investigators focused on Andes boyfriend so quickly.

"I think any elected official is responsible to respond to journalists because we're the liaison between the voters and the official. We're the ones who help disseminate the information and he owes his constituents answers so that's why I was trying to get that," said Hunt.

Gmoser declined to return calls seeking comment on the Andes case and Hunt's reporting. However, in a visit to a Miami University journalism class this fall Gmoser indicated Hunt did not have all the information in the case.

Butler County voters have twice elected Gmoser.

After serving as chief assistant prosecutor, Gmoser went into private practice focusing on medical malpractice. He still kept his hand in criminal law.

"It's like printers ink, it was still in my blood," said Gmoser.

Seven years ago, he was appointed Butler County prosecutor after then-prosecutor Robin Piper resigned to take the bench on the 12th District Court of Appeals.

Retirement and leaving behind a legacy is not something Gmoser regularly considers. All he hopes for is the “ongoing efficiency of this office and dedication to principals of justice.”

Of all of the cases he has taken on over the years his principle is, “justice is always first, winning cases is always second, but a close second.”

Skydiving and music-making

There’s more to Gmoser than just a record of successful court cases and a diploma from law school.

Fittingly enough, Gmoser met his wife in court. His eyes lit up as he talked about meeting her as she worked as a court reporter. A few years ago his wife, Olga died of cancer leaving behind him and their son Jason.

Jason is their only adopted son who had “severe problems growing up.”

Jason Gmoser is currently in federal prison serving a life sentence for his role in running a child pornography site. Gmoser referred to this as “very regrettable circumstances.” He declined to discuss the son or the case in detail.

“When I get home it’s kind of a quiet house without any noise so I bought myself a drum kit and before you know it I was asked to audition for this band,” said Gmoser.

Now every Wednesday from 6:30 to 9:00 p.m. Mike Gmoser the drummer joins his rock n’ roll band at practice. The band is being renamed Reasonable Doubt, pairing perfectly with Gmoser and Court Administrator, Ben Manning who plays the saxophone in the band.

Playing music brings him back to his days growing up in Hinsdale, Illinois. In high school he played the drums and was a member of the varsity gymnastics team.

His talents don’t end there.

You can also find him rock climbing, flying his Beechcraft Bonanza, fishing, paragliding, spearfishing, beekeeping or shooting underwater photography.

In his personal life and professional life he doesn’t plan on slowing down.

“God willing and the creeks don’t rise I will run (for prosecutor) again,” said Gmoser.

Photo: Head Prosecutor Mike Gmoser-- Contributed Photo From Office of the Butler County Prosecutor