Proposed changes spark opposition

By D.a. Wilkinson

Prosecutors will have to give more information to defense lawyers in criminal cases.

LISBON — Law enforcement officials in Columbiana County are up in arms over a proposed change in court rules they say could make their job harder.

But Judge C. Ashley Pike of common pleas court said Tuesday that the change is going to come.

The Ohio Supreme Court is considering the proposed rule change although no deadline for change has been set.

The issue involves the rule change called open discovery, which requires prosecutors to share evidence with defense lawyers before a defendant goes on trial.

County Prosecutor Robert Herron is to meet today with local police chiefs who don’t like the change.

Judge Pike recently ordered law enforcement officials to turn over all their information in one murder case to Herron’s office. Police had failed to turn over statements a defendant in a murder case made while being taken to jail after his arrest.

Herron said that under open discovery, his office and law enforcement officials would be required to provide much more information to defense lawyers before trials.

“This changes the rules,” Herron said, adding, “it creates a number of problems.”

The move would put more strain on his office and police departments to gather additional information — at a time when their budgets are tight — for defense lawyers.

The change also could hamper prosecutions, Herron added.

Investigations may include information from undercover officers, paid informants, and other people that helps to build a case but doesn’t become evidence at a trial. Those sources would be exposed to the defendant.

Witnesses of crimes may not want to talk to police if they know their name and address is going to the defendant’s lawyer, Herron said.

The process also would provide the defense with any blemish on the witness’s record, such as a drunken-driving charge. People may not want to talk if their past may become an issue at a trial.

The change also could mean that if a security guard arrested a shoplifter, the state would have to provide a background report on the guard to the defense.

Salem Police Chief Robert Floor said he will be at today’s meeting. “Would it make things much more difficult? Absolutely,” Floor said.

But Judge Pike said the judges favor the open discovery system used in the Mahoning County courts that helps with case management.

Judge Pike is handling a total of 631 criminal cases and Judge David Tobin is handling 626 criminal cases.

wilkinson@vindy.com