SANDUSKY - Sandusky's municipal court judge and a candidate for Erie County commissioner were among three people indicted yesterday on charges of making false statements regarding salary earnings.

Judge Erich J. O'Brien, 50, and William E. Kimberlin, 33, each were charged with a felony and misdemeanor count of falsification. Mr. Kimberlin, a successful candidate in the May Democratic primary to run for Erie County commissioner in the fall, also was charged with theft in office, a felony.

Also indicted by the Erie County grand jury was Peggy Rice, 54, clerk of municipal court. She was charged with the same two counts as Judge O'Brien.

Mr. Kimberlin is the former chief probation officer of the court who resigned shortly after the investigation into irregularities in the court began in January, Erie County Sheriff Terry Lyons said. Mr. Kimberlin and Ms. Rice were appointed to their jobs by Judge O'Brien.

All three were summoned to the Erie County sheriff's office about 5 p.m. and booked at the Erie County jail. They were released on their own recognizance. Special prosecutor Terry Hord, who also is the Hardin County prosecutor, issued a statement last night about the arrests but could not be reached to answer further questions.

A city official familiar with the case said the theft involves salary compensation, adding, “It's not lots. It's the manner they went about it.”

The municipal court investigation began at the request of Judge O'Brien, who asked for a probe into alleged time-card irregularities involving a secretary in the probation department. No evidence was offered to Erie County prosecutor Kevin Baxter. Instead, the allegation was turned over to the sheriff's department to investigate, Sheriff Lyons said. Separately, the prosecutor requested the appointment of a special prosecutor to the case.

After two days of grand jury testimony earlier this month, the judge and two others were indicted but the secretary was not, Sheriff Lyons said. Judge O'Brien, a Democrat who has been a judge for about six years, was unopposed for re-election in the fall. Mr. Kimberlin was Judge O'Brien's campaign manager during his first run for judgeship.

Robert Schultz, director of administrative services for the city, said it was unclear whether Judge O'Brien would be back on the bench today. “We don't know,” he said. “We don't control it. It is controlled by the law of the state of Ohio.”

City officials said they believe a sitting judge under indictment couldn't stay on the bench while a case is pending, and the chief justice of the Ohio Supreme Court would appoint a visiting judge.

First Published June 20, 2002, 4:00 a.m.