Summit County Sheriff's Office denies release of public records in Rep. Bob Young case

The Summit County Sheriff’s Office is denying the release of public records in the criminal case against a sitting member of the Ohio House.

Since the Beacon Journal filed a public records request Monday morning, the sheriff’s office has released only a single police narrative of what investigators believe Rep. Bob Young, R-Green, did at his home and a relative’s house Friday. The criminal complaint identifies the two family members Young allegedly assaulted and their relationship to the two-term state lawmaker.

The Beacon Journal is not identifying the victims or witnesses who spoke to responding officers, including a child who reported seeing Young slap a woman in the face and throw her phone in a swimming pool when she tried to call 911 for help.

That alleged incident occurred at 1 a.m. July 7 during a private party at Young’s house on Greensburg Road. There's no mention in the single document received so far that the woman called police.

The other victim, who is male, did call 911 after 9 a.m. when Young allegedly showed up looking for his family and charged at the male family member to force entry through the front door.

The Beacon Journal has requested 911 calls, witness statements, reports from responding officers, body-worn camera footage and the department's call history at Young's address.

"Our agency released a copy of the incident report as requested by you and other media outlets," Inspector Bill Holland with the Summit County Sheriff's Office, said in a statement. "The 911 calls and other records are either part of the ongoing investigation or contain information about victims. The records containing information about victims will not be released under Marsy’s Law."

Gov. Mike DeWine signed Marsy's Law, House Bill 343, in April to protect the rights of crime victims. The law requires courts to provide victim notification of all activities, including parole hearings, the right to speak during court proceedings and court-ordered protection from the accused.

But public agencies are increasingly using the law to reject routine records requests, including the names of homicide victims in one county. A week ago, Columbus police cited Marsy's Law in refusing to identify eight officers involved in a freeway shootout that killed one suspect and injured an officer.

The Supreme Court of Ohio has ruled in recent years that 911 calls and anything documenting initial reports of crimes cannot be withheld from the public. Such records, according to the high court’s interpretation of Ohio Public Records Law, do not qualify under the “investigative-work product exception.”

But within hours of the Beacon Journal emailing its request, the sheriff’s office took the position that “Body Cam footage is not releasable under Public Record Law until the case has been disposed of, and since it is still in court, I will not have that,” an employee overseeing records requests said in an email.

Summit County Sheriff Kandy Fatheree has not responded to multiple requests to discuss the matter.

“We believe the sheriff’s office is wrong to deny the access to these records which have been routinely made available to the public for decades,” Beacon Journal Editor Michael Shearer said. “At a minimum, they have a legal responsibility to provide redacted records and a legal explanation for the denial. They can’t just say no. The public has the right to know more about the arrest of a state lawmaker.”

“We support the concept of Marsy’s Law and victim’s rights, but it appears lawmakers have created a situation where the public is being forgotten.”

The Summit County Prosecutor's Office said it was not involved in the matter.

"The Sheriff’s Office has not asked for our legal advice or input on this public records request," James Pollack, director of communications for the Summit County Prosecutor's office, told the Beacon Journal. "You will have to check with the Sheriff’s Office as to why they denied the request."

Young pleaded not guilty Saturday to two misdemeanor charges of domestic violence and one felony count of disrupting public services for allegedly stopping a member of the public from calling police for help. His attorney, John Greven, confirmed Wednesday that Young will not resign as requested by Ohio House Speaker Jason Stephens.

Stephens attended a GOP fundraiser with Young and other local Republicans July 6. Stephens also attended the after-party at Young's house, but said he left before the alleged domestic disturbance.

A Summit County grand jury will decide whether Young should be indicted on the felony charge, which would send the case to Summit County Common Pleas Court.

Reach reporter Doug Livingston at dlivingston@thebeaconjournal.com or 330-996-3792.

This article originally appeared on Akron Beacon Journal: Summit sheriff withholds public records in Rep. Bob Young's case