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Brian C.

Shrive

From: Kathy Brinkman <kbrinkma@aol.com>


Sent: Monday, October 29, 2018 10:47 PM
To: Brian C. Shrive; Christopher P. Finney
Cc: KBrinkman@porterwright.com
Subject: Miller v. Pureval, Subpoena to Sally Krisel

Dear Mr. Finney and Mr. Shrive,

I have represented Sally Krisel since her testimony at the Hamilton County Board of Elections hearing on September 19 in
her capacity as Deputy Director of the BOE. Her statements under oath, both in writing and under questioning by both
Democratic and Republican members of the BOE, are a public record.

It appears that, as of this afternoon, the Miller v. Pureval hearing before the OEC will go forward on Thursday, November
1, at 10:00 am in Columbus. At your request, Phil Richter on behalf of the OEC had issued a subpoena requiring Sally's
appearance in person at the OEC hearing at 10:00 am.

I ask you to be compassionate and agree to a humane accommodation to avoid Sally having to travel two hours each way
to appear in person at the OEC hearing Thursday and miss an entire day at her job as Deputy Director at the BOE.

Sally returned to work at the Hamilton County Board of Elections yesterday after having been in Wichita, Kansas over the
weekend. She traveled there to say goodbye to her sixty-year-old brother John and to sign the papers that allowed the
hospital to remove him from life support. He had been in the hospital in a non-responsive state since a serious
auto accident on October 4. Sally had visited him in Wichita shortly after the accident. She returned to work at the BOE
with the hope that he would recover and that she would not have to make end-of-life decisions for him. Sadly, he did not
recover. It fell to her to allow him to die.

I suggest that one of the following compassionate options reasonably satisfies your goals and would relieve Sally of the
burdensome journey to Columbus so soon after the stress and sorrow of letting her brother die. Either would avoid the
additional stress of a lost day of work at the BOE where her leadership responsibilities include ensuring that early voting
now happening occurs smoothly.

1. Recall the subpoena. Canceling the subpoena to Sally is justified because she has no knowledge of facts that would
be evidence relevant to the sole issue to be heard at the OEC hearing on November 1. That issue, as you stated to
Chairwoman Wilhelm at the OEC hearing on October 11 is about the expenditures. You succinctly stated that the
question about the expenditures is "I think the question is: Were they used-- were they legitimate, verifiable expenses or
expenses of the campaign, of the clerk of courts' campaign. And we say they were not; that's the violation." Sally knows
no facts that would aid the OEC to answer the question whether the expenditures were used for the clerk's campaign or
not. If you prove that the expenditures were not expenses of the clerk's campaign, the violation is proven and you have
proven de facto that the campaign filed a false report.

2. Depose Sally in Cincinnati October 30 or 31. Ask her the questions you would ask her in the OEC hearing
Thursday. She will pay the expense of a court reporter.

Your Complaint before the OEC alleges that various expenditures from the clerk's campaign fund were used to pay
expenses of his Congressional campaign. It does not allege Sally participated in those expenditures or knows relevant
facts about them. The questions whether an expenditure is a violation or a filed report is a violation because it is
insufficient or false are questions of law Sally is not competent to testify about. If you have a basis to believe that Sally
knows facts about actual uses to which the expenditures were put, you can depose her to answer that without requiring
her to travel to Columbus.

Sally and I are ready to work with you to find a compassionate way to avoid Sally having to travel to Columbus on
Thursday as she mourns her brother and tries to continue to perform her duties at the BOE.

You can reach me on my cell at 513-260-8130. Please call me as soon as possible tomorrow morning.

1
Kathy Brinkman

Porter Wright Morris & Arthur LLP