State ex rel. WLWT-TV5 v. LeisState ex rel. WLWT-TV5 v. Leis
- Reporters:
- , ,
- Before:
- Cook
WLWT seeks a writ of mandamus compelling respondents to provide access to the requested records. Mandamus is the appropriate remedy to compel compliance with
Respondents contend that the records are exempt from disclosure as
Information assembled by law enforcement officials in connection with a probable or pending criminal proceeding is, by the work product exception found in
Similarly, the requested records are contained in the file of respondent prosecutor, who has prosecuted some of the charged offenses arising from the investigation. Trial preparation records that a criminal prosecutor has disclosed or may disclose to the defendant pursuant to
Although the sealed investigative records indicate several possible areas of criminal conduct, all of the records are relevant to the respondents’ general investigation of the Brotherhood as well as the particular criminal offenses charged thus far. For example, the Brotherhood, Hornsby, and Taylor were charged with violating
WLWT claims that the work product and trial preparation exemptions are inapplicable because Patterson, Hornsby, and Taylor have already been charged with certain crimes and Patterson and Hornsby have been convicted and sentenced. WLWT argues that Steckman limits the viability of these exemptions to “pending” criminal matters and that Leonard is distinguishable because in that case, no suspect had yet been charged.
WLWT’s contention is meritless. Steckman expressly held at paragraph four of its syllabus that “[o]nce a record becomes exempt from release as a ‘trial preparation record,’ that record does not lose its exempt status unless and until all ‘trials,’ ‘actions’ and/or ‘proceedings’ have been fully completed.” Analogously, once applicable, the records continue to be exempt work product until all proceedings are fully completed. See Steckman, 70 Ohio St.3d at 437, 639 N.E.2d at 96 (“The records sought by appellant are exempt from disclosure based upon the work product exception of
As we explained in Steckman, 70 Ohio St.3d at 432, 639 N.E.2d at 92-93:
“This holding may seem harsh but it is not without good reason. * * * [W]e still are faced with the situation in which a defendant might be granted a new trial, on his or her petition for postconviction relief. Since the possibility of retrial remains, the defendant, who has obtained records during postconviction proceedings, would have on retrial more information than she or he would be entitled to possess if limited to discovery pursuant to
In the case at bar, although Patterson and Hornsby have been convicted of and sentenced for certain crimes, further proceedings on these offenses are possible because they could be granted a new trial pursuant to (1)
In addition, the in camera review of the sealed records establishes the applicability of other exemptions.
WLWT contends that any exemptions are inapplicable because of the numerous media reports concerning the investigation of the Brotherhood. However, nothing in the foregoing exemptions precludes their effectiveness merely because the investigation has been the subject of publicity. Absent evidence that respondents have already disclosed the investigatory records to the public and thereby waived application of certain exemptions, the exemptions are fully applicable. See, e.g., Master II, 76 Ohio St.3d at 342-343, 667 N.E.2d at 976; cf. State ex rel. Zuern v. Leis (1990), 56 Ohio St.3d 20, 22, 564 N.E.2d 81, 84. Since there is no evidence that the sealed records have been previously released by respondents to the public, WLWT’s argument lacks merit.
WLWT next asserts that respondents must disclose records which are clearly not exempt, e.g., the Patterson indictment. In general, most records contained in a prosecutor’s file in a pending criminal matter are exempt. Steckman, 70 Ohio St.3d at 431-432, 639 N.E.2d at 92 (“It is difficult to conceive of anything in a prosecutor’s file, in a pending criminal matter, that would not be either material compiled in anticipation of a specific criminal proceeding or the personal trial preparation of the prosecutor.”). However, not every record contained within a prosecutor’s file is exempt. See, e.g., State ex rel. Mayes v. Holman (1996), 76 Ohio St.3d 147, 149, 666 N.E.2d 1132, 1134; State ex rel. Carpenter v. Tubbs Jones (1995), 72 Ohio St.3d 579, 580, 651 N.E.2d 993, 994. Certain records are unquestionably nonexempt and do not become exempt simply because they are placed in a prosecutor’s file. State ex rel. Cincinnati Enquirer v. Hamilton Cty. (1998), 75 Ohio St.3d 374, 378, 662 N.E.2d 334, 338. An examination of the sealed records reveals the following nonexempt records: The Patterson indictment, copies of various Revised Code provisions, newspaper articles, a blank charitable organization registration statement form, the Brotherhood’s Yearbook and Buyer’s Guide, the transcript of the Hornsby plea hearing, a videotape of television news reports, and a campaign committee finance report filed with the board of elections. Although respondents claim that any records involving Patterson were not requested by WLWT, WLWT’s request for any records relating to the
Therefore, based on the submitted evidence and an in camera review of the sealed records, we grant WLWT a limited writ of mandamus compelling respondents to provide access to the previously specified nonexempt records. In all other respects,- WLWT’s request for a writ of mandamus is denied. WLWT’s request for attorney fees is denied because, for the most part, its mandamus action is without merit. See, e.g., Leonard, 75 Ohio St.3d at 519, 664 N.E.2d at 530.1
Writ granted in part and denied in part.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Stratton, JJ., concur.
Notes
. WLWT filed a motion for an inventory of records filed for in camera review “in order to assure a full submission of documents and records * * However, respondents have provided the court with a sealed index of the submitted records. In addition, as in Master II, 76 Ohio St.3d at 343-344, 667 N.E.2d at 977, a review of the sealed investigatory file indicates a thorough investigation by law enforcement officials. There is no evidence that respondents- have not submitted all pertinent records for the court’s in camera review. We therefore deny WLWT’s motion.