Records Dispute Sent To Mediation

The Ohio Supreme Court has referred a mandamus action brought against the Trumbell County prosecutor by the Federal Public Defender for the Northern District of Ohio seeking access to an audio tape to mediation

Two days after that docket entry, on October 20, 2022, Mr. Chuck Morrow, Chief of the Criminal Division for the Trumbull County Prosecutor’s Office, responded to the public records request. He stated that he “haved not be able [sic] to locate a copy of the audio cassette tape you are requesting.”

...Mr. Morrow did not deny that he has a copy of the tape recording. But he told Ms. Ferraro that she needed to get the tape from Mr. Hill’s prior counsel. Ms. Ferraro responded that attempts were made and were unsuccessful. Mr. Morrow responded “Bullshit,” and proceeded to say that he was “sick” of providing “discovery” to “a murderer who should be dead” and that the Federal Public Defender’s office “does not belong on this case.” Mr. Morrow stated, “Go ahead and file your motion,” and then hung up the telephone. Another attorney for Mr. Hill, Mr. Matthew Gay, also heard this exchange.

Ms. Ferraro then emailed Mr. Morrow—along with counsel for the State in the federal matter Mr. Michael Hendershot, Mr. Zachary Keller, and Mr. Stephen Maher—to confirm that the State was refusing to provide the public record and would oppose the motion filed in Trumbull County Common Pleas Court seeking access to the public record, which was attached to the email.

(Mike Frisch)