The Lorain County , Ohio Prosecutor’s Office is opposed to a defense attorney’s request to seal the online docket records of some criminal defendants during their trial process, according to responses filed yesterday.
Lorain Attorney J. Anthony Rich requested the online records be temporarily unavailable so jurors or prospective jurors would not be able to access the records during jury selection and the trial.
Rich filed the motions on behalf of defendants Anthony Riggins, Brady Phillips, Richar Perry, Billy Gilbert and Gregory Barnes. Riggins is charged with rape, Barnes with kidnapping and rape, and Gilbert, Perry and Phillips face murder and other charges.
Rich said he believes Lorain County Common Pleas Court is a “little bit behind the times” in addressing the issues of jurors being able to view and access defendants’ criminal histories online.
The prosecutor’s response stated Rich’s request can not be met because not only would it be barring access to jurors, but to the public as a whole.
“Preventing access to the defendant’s name on the public docket does not merely affect the jurors; it directly affects the rest of the population, not only of Lorain County but all Internet users worldwide,” the response states. “The general public has a right to look up whoever they choose on a public access website for any number of reasons. Employers, homeowners, people meeting a potential friend routinely check the court docket to see if the person has a criminal record. Restricting that access may jeopardize someone’s safety or permit someone to engage or continue to engage in criminal conduct.”
While the prosecutor’s office understands the importance of the right to a fair trial, a defendant can request a more crafted “jury instruction to more accurately reflect today’s technology,” the prosecutor’s office stated.