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Lawyers’ Groups Agree on Rules for Sharing Evidence in Criminal Cases

05-01-09 | The Plain Dealer | by: Leila Atassi

After decades of passionate debate, prosecutors and defense lawyers throughout the state have joined forces in crafting a proposal for sharing evidence in criminal trials.

The Ohio Prosecuting Attorneys Association and the Ohio Association of Criminal Defense Lawyers announced Friday that they are ready to send their proposal to the rules committee of the Ohio Supreme Court for review.

Currently, prosecutors in the state’s 88 counties decide how much information to grant defense lawyers. The process has lead to several high-profile reversals in cases where evidence was not shared that could have exonerated defendants.

Nick Selvaggio, Champaign County prosecutor and president of the prosecutors association, called the proposal the most significant reform to Ohio jurisprudence in the past 15 years.

“This will remove the element of gamesmanship from criminal litigation and usher us into a new era,” Selvaggio said. “We’re excited to be a part of the process and applaud the defense bar for participating in good faith.”

Under the proposed plan, defense attorneys will have the right to inspect all police reports and witness statements before trial. Prosecutors can withhold statements if there is reason to believe the disclosure could endanger a witness.

Prosecutors in exchange will have access to defense witness statements and expert witness findings or reports. However, defense lawyers could still cite privilege as a reason not to disclose some information.

The groups declined to elaborate on the specifics of the plan. But Ian Friedman, president of the defense lawyers group, said both associations stand in solidarity on the details and will not deviate from their proposal.

“We firmly believe that this rule will best serve the citizens of Ohio,” Friedman said. “It affords the defendant fair process while it also protects the members of society.”