Former Hudson mayor fights judge's decision to seal records for student charged with rape
A Summit County judge's order sealing the court records in a criminal case against a Hudson 18-year-old has been challenged in a suit filed this week with the Ohio Supreme Court.
Former Hudson Mayor Craig Shubert filed a request Monday seeking an explanation for Judge Alison Breaux's decision to grant a defense motion to seal the records, and asked that the state's high court lift the restrictions on public viewing of the records.
The complaint asserts that Breaux "offered no legal authority and did not present any evidentiary materials" in deciding to seal the docket for defendant Jeremiah Earl Stoehr, a Hudson High School senior who has been charged with one count of rape, two counts of kidnapping, a charge of gross sexual imposition and a count of disseminating content harmful to a juvenile. The charges are connected to a Dec. 2 incident involving a 9-year-old.
Stoehr pleaded not guilty to all charges Feb. 14.
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The docket for Stoehr's case was publicly accessible on the Summit County Clerk of Courts website until May 9, when Breaux granted the defense's request to seal the documents, said James Pollack, a spokesman for the Summit County Prosecutor's Office.
In the court filing, Shubert, who is described as "a resident and taxpayer in Summit County, and a formerly credentialed journalist for major wire services and broadcast network affiliates," takes issue with the speed at which the defense motion was granted.
Shubert resigned from the Hudson mayoral position, which is mostly a ceremonial role, in February 2022, after his statements about proposed ice fishing shanties at a city park and a book controversy at the high school sparked nationwide attention.
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The Supreme Court has given Breaux until 4 p.m. Friday to file a response to the complaint. If she seeks to dismiss it, Shubert would then have until 4 p.m. Monday to file a response to that request.
Stoehr's attorney, Maxwell Hiltner, filed the motion to seal the case Thursday seeking to seal the case, citing:
An assault against Stoehr that his lawyer says occurred at the school. Hiltner told The Beacon Journal that there was no police report made on this. The city of Hudson confirmed this with staff from The Beacon Journal.
A 17-year-old's threat to bring a lead pipe to school to beat the defendant; the threat was heard by a youth minister and reported to Hudson police.
False tips to the safe school hotline — debunked by police and the school district — that the defendant was responsible for other crimes.
Dissemination of the defendant's address and the sighting of vehicles that have parked outside his home and followed him.
"There were several other incidents that were not reported to police," Hiltner told the Beacon Journal on Wednesday. "It's also important to note that the reported incidents listed weren't reported by my client or his family, but by other members of the community concerned for his safety."
Jennifer Reece, manager of communications and alumni outreach, said Stoehr has agreed to no longer take classes at the school, and would not be attending after-school activities such as graduation. Breaux had given the teen permission to continue attending classes at school and to participate in several sports meets and other events. This drew the ire of parents, teachers and residents in Hudson, who objected to not being told about the indictments Stoehr was facing.
"Under the law, we are not permitted to restrict a student from an education if an incident did not occur on school property," Reece said.
In a message sent to district families May 9, Superintendent Dana Addis said families had been contacted May 6 that the district was "aware that one of our students at Hudson High School has been part of a police investigation involving an alleged sexual assault." He went on to say the incident did not involve a Hudson student and did not take place on school property.
"We can now share that the student has voluntarily agreed not to attend school, graduation, or any other activities pertaining to Hudson High School for the rest of the school year, as to not be a distraction to other students," Addis stated in the notice sent last Thursday.
Hiltner also raised concerns about jury selection and how the pretrial coverage could impact the case.
"In an ordinary case, admonishment from the court to prospective jurors to refrain from independently gathering information and to set aside prior knowledge may suffice," the court record, filed May 9, states. "However, in a case that has generated pretrial publicity, discussion and controversy such as this, more due process and protections are due, not less."
Hiltner said he understood why people may be concerned.
"Concern from the community is certainly understandable in sensitive legal cases," he said. "However, all parties, as the prosecutor's office did not object, agreed that temporarily sealing the docket would serve the best interests of all parties by assuring individual privacy, helping to assure personal protection, and maintaining a potential pool of unbiased jurors. I believe the judge rightfully acted out of concern for all parties involved when recognizing the need for the requested action. The case can now proceed free from unnecessary concern and distraction."
The Summit County Prosecutor's Office, which is named in Ohio Supreme Court documents as Breaux's legal representation for Shubert's challenge to her order, declined to comment regarding the case.
Akron Beacon Journal reporter April Helms can be reached at ahelms@thebeaconjournal.com
This article originally appeared on Akron Beacon Journal: Ex-Hudson mayor asks Ohio Supreme Court to unseal rape case documents
