Sowell judge denies mistrial bid
By Leila Atassi
Plain Dealer Reporter
CLEVELAND
Prosecutors argued at a hearing Wednesday that judicial missteps in the trial of serial-killings defendant Anthony Sowell are likely to lead to successful appeals by the defense and could require a costly second trial.
But Cuyahoga County Common Pleas Judge Dick Ambrose rejected the prosecution’s request for a mistrial and defended his controversial decision to allow attorneys to question prospective jurors privately for the past 21/2 weeks.
At the same hearing, Ambrose backed down from an order issued Tuesday banning reporters from quoting prospective jurors or in any way identifying them. Ambrose said he still will ban publishing the names or addresses of jurors to protect them from being contacted or influenced by members of the public.
Assistant Cuyahoga County Prosecutor Matthew Meyer contended that the decision to allow closed juror interviews contradicted a 2010 U.S. Supreme Court ruling requiring a judge to provide justification for closing courtroom proceedings before actually doing so.
Meyer said Ambrose should have provided reasons for interviewing each of 197 jury prospects apart from the rest of the jury pool. Not having done so opens the case to be overturned on appeal, Meyer said.
Ambrose, in denying the motion, said the law allows attorneys to privately question jurors on some topics deemed hypersensitive — in this case their feelings on the death penalty, information about economic hardships or any serious illnesses that might impede their ability to serve on the jury.