Some cops in Columbiana Co. object to open disclosure proposal

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 — in the middle of a trial — a video of the defendant 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.

Officers would make checks through the Law Enforcement Agencies Data System that provides information and criminal records. Herron said, however, that sometimes the information from LEADS is incorrect.

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

Floor said the sweeping background checks that would be given to the defense could result in “releasing all information on anybody.”

Atty. Fred Naragon is the president of the Criminal Defense Company, which is the county’s form of a public defender’s office. Naragon estimated that 80 percent of all the felonies are handled by that office.

Naragon said that having more information on cases might help speed their disposition. Now, he said, information “trickles down as you get closer [to the trial].”

Herron said past attempts at open disclosure had not worked out since some defense lawyers did not actively pursue their cases.

Judge Pike’s ruling didn’t affect other county courts.

Judge Mark Frost, along with Judge Carol Robb of county municipal court, and Judge Melissa Byers-Emmerling of East Liverpool Municipal Court said they will continue to operate under state open- records laws and directives from the Ohio Supreme Court.

Judge Frost added that the state Supreme Court and other Ohio counties are also struggling with the issue of open discovery.

Judge Pike said earlier he believes open discovery may help expedite cases and help judges better manage their criminal dockets.

Currently, Judge Pike is handling 631 criminal cases, and Judge David Tobin is handling 626 criminal cases. The county had about 380 felony cases in both 2008 and 2007.

wilkinson@vindy.com