MARION, OH (MARION COUNTY NOW)—A Marion Police officer charged with multiple felony offenses has retained a prominent local defense attorney, who is now calling for the county prosecutor and sheriff to step aside from the case, citing alleged conflicts of interest.
Officer Brendan Damron, 24, of the Marion Police Department, is being held on a $250,000 bond after being charged with two counts of rape and one count of abduction. Damron was taken into custody on February 13 in connection with an alleged off-duty incident that reportedly occurred at a private residence on February 11.
Damron has retained Joel Spitzer as his legal counsel. In letters sent this week, Spitzer demanded that Marion County Prosecutor Ray Grogan and Marion County Sheriff Matt Bayles recuse themselves from the case, arguing that “multiple conflicts” create a substantial risk of bias and an appearance of impropriety.
Spitzer also formally requested that Grogan allow the Marion County grand jury to hear what he described as material, exculpatory evidence, as well as testimony from defense witnesses, prior to any vote on a potential indictment.
“Our request is grounded in the fundamental objectives of the grand jury process: screening out unfounded charges, preserving the integrity of the charging decision, and promoting public confidence in the fairness of the proceedings,” Spitzer wrote. “Allowing the grand jury to hear the above-described evidence will materially reduce the risk of an inaccurate or incomplete presentation.”
The request follows Grogan’s recent loss in the high-profile acquittal of former Marion City Councilman Ayers Ratliff. In a move similar to the Ratliff case, Grogan (this time joined by Bayles) Grogan released a joint video statement the day after Damron’s arrest, pledging to present evidence to a grand jury.
“I will bring the evidence to a Marion County Grand Jury who will have the ultimate say on any charges,” Grogan said in the video. “Police officers have to obey the law just like anyone else, and when they don’t, I will hold them accountable.” Grogan said.
However, according to sources familiar with the matter, Grogan has declined to present the evidence Spitzer requested be reviewed by the grand jury.
In the same video, Bayles stated that the Marion County Sheriff’s Office is independent of the Marion Police Department and would serve as the lead investigative agency in the case. Spitzer challenged that assertion in a separate letter to Bayles:
“The Sheriff’s Office and the Marion City Police Department’s intertwined responsibilities within the same county law enforcement ecosystem could give rise to concerns that witnesses, evidence handling, charging recommendations, or discretionary decisions might be influenced—consciously or not—by ongoing professional relationships,” Spitzer wrote.
Spitzer called for the investigation to be transferred to an independent authority outside Marion County, suggesting a neighboring sheriff’s office, an independent task force, the Ohio Bureau of Criminal Investigation, or another agency with no material connection to Damron or the Marion Police Department.
Additionally, sources close to the investigation indicated that an assistant prosecutor employed by Grogan’s office is considered a material witness and could potentially offer testimony favorable to Damron.
Spitzer has requested that both Grogan and Bayles respond in writing and advise him of their decisions as soon as possible. The case remains under investigation, and no grand jury action has been announced.
Marion County Now will continue to follow this developing new story.