Dayton Daily News

Ohio Supreme Court allows inspection of autopsy records in Pike County case

Journalist­s are allowed to review results from the unsolved murders.

- By Will Garbe Staff Writer

The Ohio Supreme Court upheld a journalist’s ability to examine preliminar­y autopsy records and investigat­ive notes made by a coroner, effectivel­y granting media access to never-before-seen records in the 2016 murders of eight people in Pike County.

The records reveal one of the victims, Christophe­r Rhoden Sr., had been shot through a door, according to the Columbus Dispatch, which first reviewed the records after the court’s decision Wednesday.

The report says Rhoden, 40, was shot nine times and notes his body was decomposed “more than all the others.” The bodies were all found the morning of April 22, 2016, with the shootings believed to have taken place hours before. Seven other victims were shot in the head.

The state’s highest court ruled in favor of the Cincinnati Enquirer and against the Pike County coroner and health district.

“This is a case that is now over 2 years old, unsolved, and I think the investigat­ors deserve to be scrutinize­d,” said Jack Greiner, the Enquirer’s attorney and an expert in public records law.

Ohio Attorney General Mike DeWine’s office represente­d the Pike County offices in the case. DeWine declined to comment. His office’s Bureau of Criminal Investigat­ion is leading the investigat­ion into the murders.

No suspects have been identified in the case, considered Ohio’s largest investigat­ion.

Several media outlets — including Cox Media Group Ohio, which owns the Dayton Daily News, Journal-News of Butler County, Springfiel­d News-Sun, News Center 7 and WHIO Radio — previously sought access to certain coroner records and were denied.

In a 4-3 decision against the Enquirer and Dispatch in December, the court ruled autopsy records in the murders may be withheld from the public until the homicide investigat­ion is closed.

Chief Justice Maureen O’Connor, writing the majority opinion in the December case, said the coroner records fell under an exemption in the public records law that allowed government­s to withhold confidenti­al law enforcemen­t investigat­ory records.

But Wednesday, the court con-

continued from B1 sidered a new question: “not whether the preliminar­y autopsy reports are public records (they are not), but whether journalist­s are entitled to see them nonetheles­s.”

The court ruled they can, writing “the coroner shall grant a journalist’s proper request to review preliminar­y autopsy and investigat­ive notes made by the coroner.”

O’Connor and Justices Terrence O’Donnell, Patrick Fischer and Mary DeGenaro concurred in Wednesday’s decision, while Justice Sharon Kennedy concurred in judgment only. Justices Judith French and Patrick DeWine did not participat­e.

The court said the case involved “a matter of great public importance: whether journalist­s may review, and presumably report on, preliminar­y autopsy reports in open homicide cases.”

Reporters began inspecting the single-page reports Wednesday. No photos were released. Under Ohio law, reporters can only view the informatio­n and are prohibited even from taking notes.

Authoritie­s suspect there were multiple attackers who were familiar with the vic- tims’ homes and the surroundin­g area, about 100 miles southeast of Dayton. DeWine’s office has said Christophe­r Rhoden Sr. had “a large-scale marijuana growing operation,” leading some to speculate the killings were drug-related.

Also killed were Christophe­r Rhoden Sr.’s 37-year-old ex-wife Dana Rhoden; their three children, 20-year-old Clarence “Frankie” Rhoden, 16-year-old Christophe­r Rhoden Jr. and 19-year-old Hanna Rhoden; Frankie Rhoden’s fiancee, 20-year-old Hannah Gilley; and relatives Kenneth Rhoden, 44, and Gary Rhoden, 38. Three children were found unharmed.

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