CRIMINAL RULE 16There is a columnist in Cleveland I just don't normally care much for. But a while back, she and a few others wrote about Ohio Criminal Rule 16 and asked for citizen support in turning over the measure. I just kept reading the article and though I was supportive and a little outraged, I did nothing.
Ohio law actually has a provision not allowing defense attorneys access to information that prosecuters have in criminal cases. You know - like something as simple as police and witness reports. Oddly enough, this does not pertain to civil cases. Go figure.
In a perfect world, the district attorneys would share this open discovery information with the defense. Ohio is far from being a perfect world.
If the D.A. wants to railroad someone, or just build their careers on their own prosecutorial records, they can do it. Nothing stopping them. Even if that evidence might clear the defendant or at the very least, bring up reasonable doubt. In Dec '06, the Ohio Supreme Court ruled 4-2 to keep this provision in place.
The Ohio Association of Criminal Defense Lawyers obviously have an interest in this provision being changed. Actually so should every citizen. No one ever thinks about what if it were themselves who was now on trial. The amount of people who are wrongly prosecuted, convicted and sometimes condemend to death is atrocious. Even if it's only one!
Check out the .pdf of Broken Duty on OACDL site. Or check out the ACLU's thoughts.
Allegedly, Jo Ellen Cline, Legislative Counsel, Supreme Court of Ohio says all it takes is one letter written to her requesting the matter be looked into for her to consider it. I doubt it. Maybe a few dozen will though. This time I was not silent.
I wrote my letter with all the suggestions to make the point to the state:
- we all have rights to a fair trial
- prosecutors should share all law enforcement reports and witness statements before trials
- each letter received needs to be read by each justice before they vote
There are power in numbers.
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