You have the power to change the justice system.
The Common Pleas judges of Cuyahoga County handed it to you last week. They voted unanimously to require prosecutors to share all police reports, witness statements and other evidence with defense attorneys.
Right now in Ohio, attorneys do not get access to records to prepare a proper defense, even though you have a constitutional right to an attorney.
As I have said in numerous columns, that Sixth Amendment right to an attorney is no good if your attorney isn’t allowed to see the evidence against you to prepare a defense. Ohio does not have open-file discovery. Prosecutors can - and do - hide key evidence that has the potential to change verdicts.
Don’t believe me? Believe the courts:
An appeals court ruled that the Cuyahoga County prosecutor’s office withheld 10 crucial pieces of evidence that could have changed the verdict for Joe D’Ambrosio, who is on death row. D’Ambrosio, who has served nearly 20 years, must be retried or set free.
The Ohio Supreme Court unanimously vacated the death sentence of Vernon Brown, who is also on death row. His attorney never saw two police reports with witness statements that showed someone else claimed responsibility for the crime.
Again, Cuyahoga County prosecutors failed to disclose vital police reports.
Last week, Robert Brown was granted a new trial in an aggravated murder case because prosecutors did not reveal that a key witness was offered immunity in exchange for testifying. Assistant Cuyahoga County Prosecutor Carmen Marino, who offered that immunity, allowed the witness to lie under oath about it.
All three cases prove the need for open discovery. It’s obvious we can’t trust prosecutors to decide what information defense lawyers should have. In civil cases, in matters of property and money, open-file discovery is granted.
If you are involved in a car accident, you can have all the evidence against you. But if you are accused of murder - when your life and liberty are on the line - you can’t have the evidence.
Kudos to our judges for supporting a fair evidence exchange. Under their proposal, both the prosecutor and the defense pass along information, which levels the playing field.
Common Pleas Judge Stuart Friedman, a sponsor of change, told me that the judges had a spirited discussion but that all agreed open-file discovery was crucial for fairness.
Prosecutors who oppose open discovery say they must protect witnesses and victims. Judges want that same protection and allow for identities to be redacted for those people who prosecutors believe could be harmed.
The judges have given us 45 days to publicly comment. Ian Friedman, president of the Ohio Association of Criminal Defense Lawyers, posted a petition to sign at http://www.oacdl.org.
If you don’t have computer access, he will mail or fax you a copy. Call him at 216-928-7700.
You have until Oct. 10 to do it. Then the judges will consider your support and hold a final vote in November.
This isn’t just a county or a state matter. It’s about preserving and protecting your constitutional rights as Americans.