Visiting Judge Issues Decision About Sheriff's Subpoena

By
Tom Hodson

Dateline
Updated Tue, Oct 22, 2013 2:51 pm

WOUB has learned that Visiting Judge Patricia A. Cosgrove has issued a decision regarding the Attorney General’s “Motion to Compel the Athens County Sheriff’s Office to Produce Materials Subpoenaed by a Special Grand Jury.” 

Although the decision has been filed with the Clerk of the Common Pleas Court, the decision has been sealed, pursuant to Judge Cosgrove’s instructions.  The attorneys for the parties will be notified of the decision and depending on the outcome, next steps will be planned.

WOUB has confirmed with three sources the existence of the decision.

On Sept. 13, Special Prosecutors William F. Schenck and James C. Roberts of the Ohio Attorney General’s Office filed a motion asking the Court to compel Athens Co. Sheriff Pat Kelly to comply with a Grand Jury subpoena and to turn over various lists of people to the Grand Jury.

Kelly claimed that the subpoena requested the identities of confidential informants to the Sheriff and his office.  He claimed in a letter to the Court that those names should be protected and not be subject to Grand Jury scrutiny.

The Special Prosecutors argued, instead in written memorandum, that the Grand Jury was entitled to the information and that the Grand Jury process, by statute and by rule, protects the secrecy and the confidentiality of the information requested.

On Sept. 17, Athens County Common Pleas Judge L. Alan Goldsberry appointed Cuyahoga Co. Prosecutor Timothy McGinty or his designee to represent Sheriff Kelly in this subpoena matter.  Later that same day, pursuant to the request of Judge Goldsberry, Judge Cosgrove was appointed by the Supreme Court of Ohio to decide all matters related to the Special Grand Jury and any future matters that might come out of that investigation.

On Sept. 30, Judge Cosgrove met in a closed-door session with Sheriff Kelly and the attorneys involved. Allan Regas, a Cuyahoga County assistant prosecutor represented the Athens Co. Sheriff’s office while Special Prosecutor Roberts represented the Attorney General’s office.

At that time, Cosgrove said that she would privately review the records requested and determine what if anything should be given to the Special Grand Jury.

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