Cobb v. Summit Cty. Prosecutor

Citations

• 2020 Ohio 636

Syllabus

public record R.C. 149.43 court of claims R.C. 2743.75 R.C. 149.43(A)(2) incident report uncharged suspect law enforcement investigatory work product expiration mitigation. Requester sought records from a police homicide investigation, arguing that the confidential law enforcement investigatory records exception had expired when the first of two suspects in the case was convicted. The prosecutor alleged that multiple parts of the confidential law enforcement investigatory records exception together protected all requested records. The special master found that the investigatory work product exception applied to all requested records other than the initial incident report, and continues to apply until the completion of every trial for which the information was gathered. The special master found that the uncharged suspect exception had terminated with respect to the second suspect, who had been charged before the court's decision was rendered. The special master further found that respondent had not met his burden to prove that release of any record would disclose specific confidential investigatory techniques or procedures or information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source. The special master recommended the court order the prosecutor to disclose the initial incident report in his possession, but that the harm from this violation was mitigated by requester's prompt receipt of the same report from the investigating police agency.