State v. Jackson

{¶ 1} This case concerns a public employee’s statement given during an internal investigation under the threat of the employee’s termination from office, a so-called Garrity statement. Garrity v. New Jersey (1967), 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562. We are asked to determine whether the Garrity statement was “used” by the state in a later prosecution of the public employee and, if so, the consequences of that use.

I. Case Background

{¶ 2} Anthony Jackson, appellee and cross-appellant, was on administrative leave from the Canton Police Department when he was involved in an incident that…