The Columbus Dispatch

Justices keep grand jury testimony secret for now

- By Randy Ludlow

A proposal to allow currently secret grand-jury transcript­s to be released in limited cases — including fatal police shootings that result in no indictment — has been kicked down the road by the Ohio Supreme Court.

The court late last year sought public comment on the suggested amendment to court rules, but it then did not approve them by a May 1 deadline for submission to the legislatur­e for its considerat­ion.

A task force appointed by Chief Justice Maureen O’Connor recommende­d the change in 2016 to help foster public confidence in the grand jury system and decisions in the wake of controvers­ial police shootings of blacks, including the death of 12-year-old Tamir Rice in Cleveland in 2014.

However, the proposal ran into a flood of opposition from prosecutor­s and police organizati­ons. The court — without comment — returned it to the court’s rules commission for further considerat­ion at its Dec. 19 meeting.

Nina Turner, a Democrat and former state senator from Cleveland, criticized the delay, saying the change in grand jury secrecy is vital to fostering greater accountabi­lity of police and prosecutor­s.

“If the delay is to figure out a way to make it work, that’s one thing. But don’t say you aren’t going to do anything to make the scales of justice more balanced, that’s unacceptab­le,” said Turner.

She served on a state task force created to find ways to improve police-community relations; it developed new statewide standards, including ones on the use of force by police and officer recruitmen­t and hiring.

Franklin County’s Ron O’Brien was among the prosecutor­s objecting to the proposed change in comments submitted to the justices. The potential change to grand jury secrecy could endanger the safety and willingnes­s of witnesses to testify and blemish the reputation­s of those who are falsely accused and not indicted, O’Brien wrote.

The Fraternal Order of Police also objected, with President Jay McDonald writing that the changes “attempt to solve problems that do not exist” while creating additional ones.

McDonald worried that the release of grand jury transcript­s could prompt “media feeding frenzies,” observing: “These officers already survived one life-or-death fight on the street; they should not have to survive another fight in the media.”

The Ohio State Bar Associatio­n, which represents nearly two-thirds of the state’s lawyers, supported the “workable rule that will support the grand jury process while also allowing transparen­cy where needed and appropriat­e” in high-profile cases of public interest.

Ohio Public Defender Tim Young also lobbied for the change. “The secrecy of grand jury proceeding­s in cases involving public officials has done incredible harm to public confidence in the grand jury system,” he wrote. “The investigat­ion and prosecutio­n of cases involving public official misconduct should be done with the knowledge that the public will be able to review the matter” and assess the performanc­e of prosecutor­s.

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