Prosecutor takes wait and see view on new rules
POSTED: July 20, 2010
By MARY ANN GREIER
Staff Writer
LISBON - Columbiana County Prosecutor Robert Herron said it's too soon to make observations on how new rules for divulging evidence to defendants is affecting criminal cases.
Amendments to what's known as Criminal Rule 16, to create a more open discovery process between the prosecution and the defense, took effect July 1, but arguments over who should share what information with whom in criminal matters had already been a hot topic in the county.
During the months leading up to the 2009 murder trial of Eric Dillard, defense attorneys in the case and the county prosecutor's office filed documents back and forth over discovery issues, leading to an order regarding the turning over of information to the defense that Herron argued was more than what the law required.
Herron didn't favor the idea of open discovery in cases, noting defense attorneys didn't reciprocate when it came time for them to share information. He also worried about the burden on police departments and the possible chilling effect the turning over of all witness statements could have on potential witnesses concerned about retribution.
The discovery issue had been bandied about for years, with the Supreme Court of Ohio working on the issue, along with defense attorneys and prosecutors who came together to come up with the resolution.
Herron said the new rule greatly expands what is discoverable to defendants and affects all new cases and any pending cases that have not reached the sentencing stage. Any statement in any form and any record taken by a police agency must be provided to the prosecution so it can be provided to the defense.
Under the old rule, the prosecution didn't have to provide the defense with copies of witness statements or any police reports they didn't intend to use as evidence. Now they do.
Herron sent copies of the new rule to all police agencies in the county.
"Obviously it's the law and we will comply with it now," he said.
According to Herron, the rule as drafted "suggests that discovery is reciprocal. Practice will determine whether we will see any change in reciprocity."
He said the new rule will require more effort on police departments to provide any records they have. As for concerns about the willingness of witnesses to cooperate, he said efforts were made in the rule to protect witnesses.
The prosecution can refuse to provide some witness statements on the grounds that divulging them could place the witness in jeopardy. The defense will be able to challenge that assertion.
"We're going to have to wait and see how that works," he said.
Mary Ann Greier can be reached at mgreier@salemnews.net
Staff Writer
LISBON - Columbiana County Prosecutor Robert Herron said it's too soon to make observations on how new rules for divulging evidence to defendants is affecting criminal cases.
Amendments to what's known as Criminal Rule 16, to create a more open discovery process between the prosecution and the defense, took effect July 1, but arguments over who should share what information with whom in criminal matters had already been a hot topic in the county.
During the months leading up to the 2009 murder trial of Eric Dillard, defense attorneys in the case and the county prosecutor's office filed documents back and forth over discovery issues, leading to an order regarding the turning over of information to the defense that Herron argued was more than what the law required.
Herron didn't favor the idea of open discovery in cases, noting defense attorneys didn't reciprocate when it came time for them to share information. He also worried about the burden on police departments and the possible chilling effect the turning over of all witness statements could have on potential witnesses concerned about retribution.
The discovery issue had been bandied about for years, with the Supreme Court of Ohio working on the issue, along with defense attorneys and prosecutors who came together to come up with the resolution.
Herron said the new rule greatly expands what is discoverable to defendants and affects all new cases and any pending cases that have not reached the sentencing stage. Any statement in any form and any record taken by a police agency must be provided to the prosecution so it can be provided to the defense.
Under the old rule, the prosecution didn't have to provide the defense with copies of witness statements or any police reports they didn't intend to use as evidence. Now they do.
Herron sent copies of the new rule to all police agencies in the county.
"Obviously it's the law and we will comply with it now," he said.
According to Herron, the rule as drafted "suggests that discovery is reciprocal. Practice will determine whether we will see any change in reciprocity."
He said the new rule will require more effort on police departments to provide any records they have. As for concerns about the willingness of witnesses to cooperate, he said efforts were made in the rule to protect witnesses.
The prosecution can refuse to provide some witness statements on the grounds that divulging them could place the witness in jeopardy. The defense will be able to challenge that assertion.
"We're going to have to wait and see how that works," he said.
Mary Ann Greier can be reached at mgreier@salemnews.net
No comments:
Post a Comment