CINCINNATI (AP) — A state appeals court says a prosecutor violated the Ohio Public Records Act by refusing a newspaper’s request for a 911 tape.
The 12th District Court of Appeals on Monday ordered Butler County Prosecutor Michael Gmoser (MOH’-zur) to pay $1,000 in damages to The Cincinnati Enquirer. It rejected the newspaper’s request for attorney fees.
The prosecutor had contended that the call by a dispatcher to a man who confessed to fatally stabbing his step-father should be excluded from public record. He said the dispatcher’s call after an initial call was disconnected was a confidential investigatory record, and its release would prejudice the man’s right to a fair trial.
The Enquirer (http://cin.ci/14pRtpg ) reports the court said no evidence was produced to show that.
Gmoser could appeal to the Ohio Supreme Court.
Information from: The Cincinnati Enquirer, http://www.enquirer.com