Public Records Requests Result in New Trial
An alleged victim reported acts that amounted to rape, gross sexual imposition, and kidnaping to the Lakewood Police. She provided notes and poems in her own handwriting to the police. There were precise dates included in this material.
But the accused, James Russell, was not provided with precise dates of when he was alleged to have committed these heinous acts. If he had precise dates and times, he figured, he could show how he could not have committed the acts because he was somewhere else or he was not alone with the complainant.
James Russell requested precise dates from the prosecution and the State claimed it did not have any. Russell was convicted and spent years in prison, but a lawyer on his behalf used the Ohio Public Records Law to get the poems and notes from the Lakewood Police Department. When the information finally arrived four years after he was convicted, Russell filed for a new trial. The trial court denied the motion. But the Eighth District Court of Appeals reversed that decision and remanded the case for a new trial as you can read in State v. Russell, 2010-Ohio-5778, here.
Notice how the Court of Appeals notes that the State argued that the defense did not ask the right questions to get the information (ΒΆ 30)! And notice how the concurring opinion notes how the Lakewood Police did not turn over the notes and poems to the prosecutor, so it was really the fault of the police.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.
