The Weird
Time Differentials
Version Received in 2015
Version Received in 2023
Kyle's Calls
A key point mentioned above is Kyle's call.Where did it originate from & what time did it actually come in?We have received two different versions of the same call! Henry County Sheriff Department documents the call was placed at 20:53, however, their own system documents that the call took place at 20:37. In 2015 in the original discovery, we received the call without a date or time stamp. In 2023 once granted subpoena power, we were given the calls and radio transmissions between the deputies, these had NEVER been seen or heard before! Included in this discovery was a version of Kyle's call that included a time stamp at 20:37. The call that we were given in 2015 from Kyle, is the ONLY call provided without a time stamp. In the 3rd District Court of Appeals opinion from 4/10/2017 (paragraph 57) states "She (Aisya) testified that Parsons was not on the phone with her from 9:00 to 9:38 when law enforcement arrived at the Parsons' residence but that she continued the phone call during that time becuase she 'didn't know what had happened'." Could they have really gotten the reporting call at 8:53, gotten to the supposed scene, located the victim (8 minutes to locate him) and then gotten to the Parsons' residence and have Cullen in the car, ALL by 9pm?
Why the difference and why no explanation?
Call for Service Log
Although Henry County Sheriff & Napoleon City Police Departments used the same system, the 2 logs have a time difference causing Napoleon's calls to differ by two hours from Henry County Sheriff's report. This does not match Napoleon's report, nor their police reports.
Napoleon City Police
Call for Service Log
Henry County Shriff
Call for Service Log
Back window in tact vs the above window. How did this happen...
NO ANSWER... EVER!
Who did this? Who had access?
The Car
How did our rear window get broken while the car was in police custody?
This is a question we have asked & Henry County Sheriff Department has refused to answer. The car, also notably smelled of urine. It is a hard to wrap your head around the fact that our officials would purposefully destroy or allow the destruction of citizen's property they considered evidence. Was the evidence preserved?
Missing Cell Phone Records
Henry County DID NOT have the RECORDS... What?
Prosecutor Howe-Gebers had Hawken Flanagan testify that he did provide the records under oath and advanced a document stating so?
Despite Cullen's girlfriends phone being taken by subpoena, we have never received ANY discovery from her phone. On January 6, 2016 we filed a Motion to Compel requesting among other items "Analysis of any and all other evidence seized in connection with this case, including the phone taken from the Defendant's girlfriend."
But yet during the 7/20/23 trial, Gwen Howe-Gebers advanced an Exhibit stating "In addition, recordings of phone calls in which Aisya Kanard was a participant have been provided to cousel for Defendant, as well as the cell phone extraction reports for cell phones belonging to Cullen Parsons and Aisya Kanard. The extraction reports contained written messages attributed to Cullen Parsons and Aisya Kanard." Howe-Gebers also had Hawken Flanagan certify the exhibit.
This exhibit would confirm that the prosecutors office had the discovery from Aisya's phone BUT YET in May 2025 she sent this email:
From: Gwen Howe-Gebers <gwen.howe-gebers@henrycountyohio.gov>
Date: Tue, May 20, 2025 at 9:11 AM
Subject: RE: EXTERNAL:Re: Mandamus
To: michael stahl
<mstahl@stahlandstephenson.com>
If you recall BCI had the download of the phone.....I did not....it is my understanding the Dawn has just recently communicated with Ms. White that BCI was able to locate the download....which is in the process of being prepared for her.
Attorney Mike Stahl responded:
So, your office apparently DID have the download at some point, at least, otherwise Hawken Flanagan could not have written up the discovery document, which he never signed or filed, that you had him authenticate at our hearing a couple of years ago.
Therefore, regarding the phone records, I now have additional requests: When did your office destroy the Kynard Phone records, or return them to the Sheriff's Office?
This email with these quesitons posed to Gwen Howe-Gebers went unanswered ..... to this day!!!
So DID or DID NOT the prosecution have the phone records from Aisya Kynard's phone? Can Gwen Howe- Gebers decide? (See pdf to the left under "unsigned / unstamped ... " for conflict).
Prosecutor Behavior
Hawken Flanagan was the original prosector and Gwen Howe-Gebers, is the current prosector, who has handled our appeals. Gwen instructed Mr. Nofziger, the Commander of the Drug Task Force, to send the information to her, even though Mr. Nofziger had been served a subpoena by Attorney's Michael Aird and Bill Stephenson. She then forwarded the information to Mr. Stephenson. WHY? At the 2023 hearing, Mr. Nofziger was asked about this(p. 9 lines 1-13): MR. NOZIGER: It's an envelope addressed to the Henry County Prosecutor to your law firm.MR. STEPHENSON: From?MR. NOFZIGER: From Gwen, the prosecutor.MR. STEPHENSON: So did you provide, did you provide the materials to Gwen for review prior to sending it to our office?MR. NOFZIGER: Yes I did.
Henry County Prosecutor Gwen Howe-Gebers had Defiance County send information to her. We had subpoena power. WHY have them send to her?
Inconsistent Timeline
Concerned over time discrepancy....
or ARE THEY?
The timeline of events does not make any sense. In 2015 we were provided with Kyle's call to the sheriff's office that did not include a time / date stamp, was this purposeful? In 2023, we were given a call NEVER provided before with the time stamp @ 20:37 (recording can be found under Brady Violations). WHY have we never heard this before? The time stamp pwas 20:37 verses the time testified to 20:53. Why 16 minutes difference? The prosecution was concerned about time discrepancies as can be seen below. The photo below was taken by deputies from a neighbors phone to show a 4 minute time difference between his outdoor cameras vs his phone. Their cameras only captured cars coming & going from the house. Why are they concerned about this time difference and not the difference on their CAD call (20:37 vs 20:53)?
Rolando (Criminal Informant) Record
Below is the extensive wrap sheet of Rolando Vale, the criminal informant. It has often made us wonder why the authorities wanted to use & release such a seasoned criminal to prosecute an innocent person with no criminal record.
Rolando's Record ... you decide!
DO you have the phone records or DON'T you?
Unsigned/ Unstamped Document advanced by Henry Co. Prosecutor Howe-Gebers
During our 2023 hearing, Gwen advanced a document into the record that she had Hawken Flanagan certify was "filed" in 2016 prior to trial. Is this suspicious? It was unstamped, it was unsigned, & it spelled our 2015 defensive lawyer's name incorrectly "Loren" versus his unique spelling Lorin, as well as Aisya "Kanard" spelled incorrectly vs the correct spelling Kynard. This is the only time in the entire record these errors occur. In addition, this is a direct contradiction to the email she sent (above under Missing Cell Phone Records") in May 2025 stating "BCI had the download of the phone .... I DID NOT"
Which is it? Did the prosecution have them and turned them over to the defense or they did not have the cell phone records? Attorney Mike Stahl asked for clarification and if they do not have them for her record of the destruction of the records..... NO REPLY!!!!
WHY THE CONFLICT AND DIFFERENCE?
Sheriff Ruskey Involvement since 2015
Now the Sheriff, but Marc Ruskey was an officer in 2015. He "approved" Cullen's police report. He is not new to this case and has been involved from the start.
Approved By: Marc Ruskey
Police Report
All events have a time that were "transferred from CAD"
EXCEPT the actual call!
WHY?
Time of call missing!
WHY?
Could you find 7 casings in seconds?
Finding 7 casings in less than 45 seconds, including drive time while on the phone with his girlfriend.
IS THIS EVEN PHYSICALLY POSSIBLE?
Imagine finding seven casings in this dirty car in less than 45 seconds including drive time (.8 mile). Seems impossible, but that is what the prosecution theory. There were no casings found at the scene of the supposed incident! Their theory is that after Cullen shot at Kyle from a moving car, he drove to the cul de sac, found all 7 casings in his car & threw them on to the road. All within 45 seconds! Even if you think this possible, if you were trying to hide evidence, would you throw the casings on the road in plain sight?
Kyle's testimony:
"I thought the car was going to come back at me and then it turned and went south towards the new 24 that is a dead-end, for roughly 30-45 seconds (pg 103 line 14-16)
Still Withholding Evidence 2025
In 2025 we are still attempting to get evidence that should have been handed over before the original trial in 2016. This missing evidence was brought up during trial, clarifying that we had still not received them. The below exchange between prosecutor Gwen Howe -Gebers & our current lawyer Michael Stahl questioning why we have yet to receive the requested records.
WHERE did the discover GO?
The NOT 911 Call
Kyle testified:
I called the Henry County Sheriff Department (pg 28 line 2)
I never called 9-1-1 either (pg 41 line 2)
Would you call a non-emergency line if someone just tried to kill you? Listen to the call, does it sound like someone in fear for their life and was just shot at 8 times at very close range?
Is Kyle panicked?
The Gun- Regent R100
This gun ejects to the right!
Cullen is right handed, Kyle testifies that he shot out the driver side window "back at me". The right side of the gun would have been fully outside the car, facing away from the car. Where would the casings be?
Regent R100
Is Deputy Sanholtz Leading a Witness?
What did Valle actually know? Anything?
Listen to this interview below! Does Rolando know anything other than what he read in the paper? Is Deputy Sanholtz conducting a thorough interview or is he leading Rolando toward what he wants him to say? This supposed crime was proported to be a calculated attack, not someone young, dumb, all ****ed up and trying out their gun (which Cullen bought over 6 months earlier 2/22/2015) and shot at some "random jogger"!
Listen to the interview to the left.... What do you think?
Rolando Cell Records
Cullen Cell Records
Kyle Brinkman Cell Record
The Cell Records
We were never provided Rolando Valle's cell records from CCNO prior to trial. WHY? To be a complete investigation, wouldn't you need to determine where Cullen and Rolando were? We were given Kyle Lee Brinkman's cell records. WHY? Was this sloppy investigation or intentional? The supposed conversation happened "Monday or Tuesday of last week" which would have been 9/7/15 or 9/8/15.
Cullen and Rolando were only in the same block for 36 hours. Cullen mostly slept due to his injuries and was being checked every 4 hours by medical.
The 3rd Appellate Court recently asked if the interaction could have happened somewhere else since they weren't actually together in the DM Unit when this supposedly happened. In the yard was suggested. Did they do their homework? In the MAN Unit report, Rolando states they were "sitting together in the DM Unit when the conversation took place"! Are they trying to just uphold a wrongful conviction?
This is important because Rolando is the ONLY one that identified Cullen and the 3rd Appellate Court used this previously to uphold the conviction stating that just because "Valle is a convicted felon does not mean he lacks credibility" and that "the evidence indicated that the State had refused to provide any consideration for the inmates' cooperation" and "Aside from Parsons's contention, ther is no other evidence in the record that Valle had a motive for implication Parsons".
We now know that Valle DID get consideration! See below.
Description
No Investigation
Who arrested Cullen?
He was immediately "detained" by Sheriff Bodenbender.
Sheriff Bodenbender testifies "I got out and ordered him to the ground, he complies, he gets down on the ground." (Suppression pg 8 line5) Deputy Birtcher arrived and documented that "Sheriff Bodenbender had Cullen Parson's detained and advised this Deputy to take him in to custody." When Sheriff Bodenbender was asked when Cullen was arrested his reply "I don't know that i told them i think that they just, once we identified the car as being there and found the keys (the Parsons' had 3 Honda's at the time so that Honda key could have been to any one of them or there could be additional keys) and the witness statement (srecall Kyle stated he couldn't see who was driving), I don't know when the cuffs were actually put on."
Sheriff Bodenbender pulled in the driveway and arrested Cullen immediately, no investigation, no questions, just demanded Cullen get to the ground with his freedom withheld! And then is confused as to who and when Cullen was arrested! Deputy Birtcher clearly documents Sheriff Bodenbender had Cullen detained when "this Deputy arrived":
Bullet/Casing Search
Kyle: "field had been taken off" Deputy Glanz: "beans were waist high"
Which is it? Beans or NO Beans
Soybean Field harvested end of October. WAS NOT "taken off".
Kyle; I was going to try and get there because there was nowhere to hide, this was a field that had been taken off. There is corn on this side....
Deputy Glanz supplemental narrative:
I attempted to have Andy enter the bean field but he was not able to walk through the beans which were just about waist high on me.
Do prompt questions?
1. Had the field been taken off or were the beans waist high?
2. Did Kyle say there was nowhere to hide, but yet testified that "there is corn on this side" ....? If you were trying to hide wouldn't mature corn or even beans that "were waist high" be a perfect place to hide for a SMALL statured man of 5'5"? A small man could perfectly hide in the TALL corn, but yet there was "nowhere to hide"!
They waited until 10/24/2015 to search for bullets / casings BECAUSE the soybeans were in the field until then......
Does this prompt questions?
How does Henry Co. numerically notate their deputies? Do they know?
Isn't a "rhyme or reason to why they have certain numbers" and
"NO POLICY". WHAT?
Is Deputy Birthcer 3511 or 3512? They keep no log to clarify. Is this normal?
In 2023, we were provided the Radio and Call logs. We requested a list of deputies that correspond to the numbers assigned to each deputy,, the Henry County Sheriff Department doesnt maintain a list (see email string below). IS this normal? If someone is listening to calls / radio logs years later, wouldn't it be imperative to be able to determine who is talking? Apparently not in Henry County!!! Even within the same supplemental narratives, the numbers differ! Deputy Birtcher is listed as "Narrative Officer: Birtcher, Alex 3512" , but yet signs the bottom of the narrative "3511 ADB"! WHAT? Which is he 3512 or 3511? (See supplemental report to left). We inquired as to how they designate the numbers and were told "there is no policy and "there really isn't any rhyme or reason to why they have certain numbers (see last email below).
From: Michelle Parsons
Sent: Wednesday, April 16, 2025 8:58 AM
To: Reports <reports@henrycountysheriff.com>
Subject: EXTERNAL:CFS
Ashley,
Hello.... again! :)
For the CFS 150000010856 you provided the radio log and call log. I have inquired for the policy as to how the numbers were / are assigned to deputies. I need a list of what numbers were assigned to the deputies in 2015 and also specifically on 9/2/2015. Could you please provide me a list of what designations correspond to which deputies please?
Thanks so much!
MiChelle D. Parsons
Reports <reports@henrycountysheriff.com>
Apr 16, 2025, 10:26 AM
to me
Hello,
We do not have a record for the list of the deputies and their numbers from 2015.
Thank you,
Ashley Temple
Apr 19, 2025, 3:11 PM
Ashley,
If you don't have a list for the year, I need a list of which numbers correspond to the deputies the evening of 9/2/2015 so I know which deputy is speaking in the radio and call logs you provided.
Thanks so much!
MiChelle D. Parsons
On Apr 16, 2025, at 10:26 AM, Reports <reports@henrycountysheriff.com> wrote:
Hello,
We do not have a record for the list of the deputies and their numbers from 2015.
Thank you,
Ashley Temple
Car condition
Muffler Testimony
NOWHERE in discovery was the sound of the muffler EVER mentioned as a distinguishing feature of the car UNTIL Kyle was on the stand! "... that vehicle has got a distinctive sound to it, its got an exhaust leak or the muffler, old muffler or whatever and when it goes away from you, you can hear it." (pg 18 lines 22-24)
Shouldn't this have been in discovery? How is this allowed? (car pic)
Why would we test it if we weren't aware he was going to say it had a "unique noise"?
Honda Key(s)
In 2015, the Parsons' owned 3 Honda's
a CRV (in the drive that evening)
a Civic
an Accord
How were they sure that the Honda key they found went to the Civic? Actually they WEREN"T! Testimony confirmed they did not know if that key was to the CIVIC.
AND look closely at the picture below, the key is in the car! This picture is from their discovery!
Do you see the key? This picture is from the provided discovery.
Hospital Records: A Fight to Get
Why does someone with medical POA have trouble getting medical records? TO THIS DAY, Henry County Hospital has not provided us with requested information on the blood draw! WHY? Did they draw Cullen's blood before they had the search warrant signed? Does Henry County Hospital provide services for free? If they drew blood, shouldn't it be listed? If there were no injuries, as David Bowen (EMT) states "There is no evidence of any injuries at all." , would a hospital do a CT of his head / neck unjustified? Insurance would NOT pay if it wasn't justified!! SO if no injuries, why the CT?
Description
Suppression Hearing .... Sheriff Bodenbender, Deputy Sanholtz, Deputy Birtcher testified. Recording and transcript..... have 2 testimonies!
Missing Suppression Testimony
How many representatives from the Henry County Sheriff Department took the stand?
How many are in the transcript?
The numbers don't align!
Neighbors HEAR NOTHING
NONE recall hearing anything!!!!
WHAT???
Aisya ALSO didn't hear anything! "Shooting at bottles" earlier.
Remember the 7 casings found, but in the wrong place?
"She didn't know what happened"?
Deputy Ross Sanholtz supplemental narrative from 9/3/2015 22:55: "residents at the houses along S3 near 3B were spoken to and non(e) recall hearing anything around 20:50 hrs. last night." Questions were asked as to WHO the neighbors were:
Fri, Jan 6, 2023, 11:01 AM
to reports
Hello! Could you please provide me with the names of the "residents at the houses along S3 near 3B" that were spoken to in the police report for incident report# 1-15-002316 from narrative officer Ross Saneholtz, date and time 9/2/15 23:55?
Thanks you so much for your help!
MiChelle D. Parsons
Reports <reports@henrycountysheriff.com>
Tue, Jan 31, 2023, 7:06 PM
to me
Attached is the report you requested.
Thank you!
-----Original Message-----
From: Reports <reports@henrycountysheriff.com>
Sent: Friday, January 6, 2023 4:44 PM
To: Michelle Parsons
Subject: RE: EXTERNAL:Records request
I will be happy to forward you a copy of the police report on the matter that you referenced. If the information that is being requested is not on the report, I would advise you to contact your attorney for further advice on the matter.
Thank You!
They can't or won't tell us WHO they talked to?
We need an attorney to find out who they talked to??
AND ......
8 shots from a .45 AFTER dark?
NO ONE HEARD ANYTHING? INCLUDING AIYSA and sent a text "how can they arrest you if you didn't do anything?"
They still proceeded with charges?
The evidence also doesn't align:
"K9 Andy was deployed and walked up and down the south side of Rd S3 in this area several times but failed to locate ANY shell casings".
NO ONE heard anything, NO ONE found anything......
TRUE INNOCENCE?
EDITABLE
Description
Finding 7 casings in less than 45 seconds, including drive time, while on the phone with his girlfriend!
The Gun A Regent R100
Still Withholding Evidence 2025
The NOT 911 Call
