Fentanyl cases
In 2016, the Franklin County Prosecutor’s Office handled 11 cases that involved fentanyl:
Six people were indicted for manslaughter or corrupting another with drugs. None went to trial, so no fentanyl was needed for evidence.
Five other cases were for charges of possession or trafficking. Prosecutors brought over no fentanyl evidence on those cases, but one is set for trial and one for arraignment in April. Wood County Prosecutor Paul Dobson, who’s also president of the Ohio Prosecuting Attorneys Association.
“I have no intention of putting my people in that danger,” he said. “If that bag breaks open, you have an instant biohazard issue with the potential of people getting ill or dying. Just from being in the courtroom.”
O’Brien will bring the issue before the state association at its meeting Wednesday.
There seems to be no concern about losing convictions by refusing to bring fentanyl to
court.
Columbus defense attorney Sam Shamansky doesn’t want the drug around him, either.
“There’s no benefit to having the actual drug in the courtroom,” he said.
Shamansky said the only time the drug physically is needed during a trial is if there are questions about whether it is fentanyl or about the amount. Otherwise, a photo of the drug, or an agreement by both prosecutors and defense attorneys that the drug is fentanyl, suffices.
“It’s a health and safety issue, and we’re all for health and safety,” Shamansky said.
So is Judge Charles Schneider, the Franklin County Common Pleas Court’s presiding felony judge.
“Nobody wants anybody exposed to danger,” Schneider said. “Having the drug in the court doesn’t make it any more real.”
Warnings about handling fentanyl and related drugs aren’t new except to prosecutors.
Last year, the office of the Ohio Attorney General and the Drug Enforcement Agency warned police about the danger of handling certain opioids while investigating or making arrests. They recommended at least wearing gloves.
“It was an eyeopener,” O’Brien said. “It’s scary stuff, and I want to make sure our people are protected.”