Prosecution rule changes irk local law enforcers

By D.a. Wilkinson

LISBON — Some Columbiana County law enforcement officials are not thrilled with a proposed change in rules governing criminal prosecutions.

They addressed what is called open disclosure or discovery, which requires prosecutors to submit all police reports, witness statements and other evidence to defense lawyers in criminal cases. Defense lawyers also must share information they have with the prosecution.

Both sides then know what the other has before a trial begins.

But police officers say open disclosure will put additional financial strains on department budgets.

The impetus behind the proposed change involved rulings from Judge C. Ashley Pike of common pleas court in two cases.

In both cases, police failed to notify county Prosecutor Robert Herron of evidence they had in their possession.

In one case, two police officials failed to mention they had a statement by a defendant in a pending murder case after a long meeting with prosecutors.

In the second case, a police officer produced a video of the defendant — in the middle of a trial — that he hadn’t mentioned to Herron’s office despite pretrial review of the case.

Those are the only cases in which Judge Pike issued orders demanding full disclosure and all evidence to be turned over. The murder case is pending, and the trial ended with a plea to a lesser charge.

In the past, Herron’s office would simply provide defense lawyers with the names and addresses of witnesses that might help the defendant.

Herron, in responding to the two orders, has told police departments they will have to do more work under open discovery.

Police will have to do more background checks on people involved in a crime or who are witnesses that will be turned over to defense lawyers, Herron said.

And that is not what police officials want to hear.

Police Chief Mike McVay of East Liverpool and Salem Police Chief Robert Floor, the chiefs of the county’s two largest cities, said open discovery will take officers away from other duties and will cost their cities more money by having to make such checks.