Powell police refuse to release Smith report

Powell police are refusing to release records of a 2015 incident in which Zach Smith’s then-wife accused him of assaulting her. Publicrecords experts say those files should be open to the public under Ohio law.

The investigation resulted in no charges against Smith, a former Ohio State University assistant football coach fired last month for a string of domestic-abuse allegations dating to 2009. However, the cover pages of the report taken Oct. 26, which were released, note injuries to Smith’s wife, and that a kitchen knife, broken iPhone and two small USB drives were taken as evidence from Courtney Smith’s home.

Powell Police Chief Gary Vest said he was forbidden from releasing more details on the case, including investigative notes, interviews, pictures or recordings, on the advice of attorney Ben Albrecht, who is representing the city in the matter.

According to Albrecht, an uncharged suspect, presumably Mr. Smith, cannot be identified, regardless of how long a case is open.

Further, all of the incident records are “inextricably intertwined” and would have a high probability of revealing Smith’s identity.

Open-records experts argue that unless a case is being “actively investigated” it is considered closed, and that Mr. Smith already has been identified by city officials through other public records and in media reports. Dennis Hetzel, executive director of the Ohio News Media Association

“If they (police) haven’t done anything in a couple of years, then they should release the case file,” said Dennis Hetzel, executive director of the Ohio News Media Association. “It’s obvious who the uncharged suspect is. I think it’s kind of disingenuous on their part to withhold it.”

At minimum they could redact sensitive or identifying information and release the rest, said Hetzel.

Ohio State University has suspended head football coach Urban Meyer pending an investigation into what he knew about the alleged abuse. The inquiry likely will seek details of the Powell reports, said Mike Farrell, a Cleveland-based attorney who specializes in Ohio’s open-records law.

If media attention forces the reopening of the case, it might then be exempt, he said.

And even without reopening, Powell could argue that the case never was closed.

“The government will almost never tell you that you’re off the hook, even if you are,” he said.

In an interview that aired Wednesday on the sports website Stadium, Mrs. Smith said her husband came to get her young son on Oct.r 25, 2015, even though it wasn’t Mr. Smith’s turn for

visitation. During a fight, she alleges, Mr. Smith grabbed her by the neck and threw her against a wall. Details of physical violence were not included in a Powell police incident run sheet, however. Mrs. Smith didn’t want police at her home and waited until the next morning to file her report.

Chief Vest has said his officers met with officials from the Delaware County prosecutors office, which ruled there was insufficient evidence to file felony charges.

The city maintains the suspect “was investigated and believed to have committed an offense, but was not charged/arrested,” according to Megan Canavan, city spokeswoman.

Delaware County Prosecutor Carol O’Brien said she didn’t know why misdemeanor assault or other charges weren’t filed. She said she was disturbed by recent news accounts that Mrs. Smith might have been urged to drop charges at the time or to back off the allegations.

“It bothers me whenever a victim can be manipulated by anyone,” said O’Brien. “Any time your have a power imbalance — and yes, it’s often a woman — it bothers me tremendously.” Powell police incident and run reports show a history of arguments and abuse accusations involving Zach and Courtney Smith: Oct. 21, 2015: Courtney Smith called the police because she believed she was being followed by a man in a silver Acura SUV. In the call, Courtney Smith mentioned issues she was having with her soon-to-be ex-husband. Oct. 25, 2015: Courtney Smith told police that her husband wouldn’t return their son to her “despite it being her time with their son.” She explained she was going through a divorce. Courtney Smith also informed police that she had threatening text messages on her phone from Zach Smith. She told police she didn’t want an officer responding to her house, but that she planned to stop by the station in the morning. Oct. 26, 2015: Courtney Smith went to the Powell police station and said she wanted to file for a restraining order against Zach Smith. During that same visit, Courtney Smith told police she was involved in a domestic incident the night before and “that she has been a victim of sustained physical abuse by the suspect.” Based on Courtney Smith’s accounts, the police noted possible offenses of domestic violence and felonious assault against Zach Smith. He was never charged. Nov. 9, 2015: Police responded to Courtney Smith’s house, and an incident report indicates an offense of “menacing by stalking,” which is a first-degree misdemeanor, was investigated. Jan. 5, 2016: Courtney Smith was pulled over for speeding. While talking to police, she mentioned that she was having domestic issues with her ex-husband the same day. Dec. 17, 2017: Courtney Smith called police to report that neighbors saw Zach Smith looking into the windows of her house and car. A neighbor said Zach Smith nearly hit a street sign as he left the house and that he may have been impaired. While on the scene, police informed Courtney Smith of how to file for a civil protection order. Dec. 19, 2017: Police served Zach Smith a trespass warning. Jan. 3: Zach Smith called police to report that he believed Courtney Smith was violating terms of their divorce by taking their kids out of Ohio without permission. He said he believed she was taking them to Florida on a vacation, “something he did not agree to, thus she was breaking the court order.” May 12: Courtney Smith called police to report Zach Smith had “cussed her out” in front of her son and also threatened her. Powell police charged Zach Smith with criminal trespassing. July 11: Courtney Smith told police that Zach Smith had been “restlessly” stalking and harassing her, and she added that he had recently taken their children to Florida on vacation but wasn’t forthcoming as to where they would be staying. Courtney Smith said this violated the terms of their divorce. July 20: The Delaware County sheriff’s office, alongside Powell police, served Zach Smith a civil protection order.