Wrongfully convicted? Ohio could limit access to records from criminal investigations

The Ohio House of Representatives recently passed a comprehensive two-year budget bill, spanning over 5,000 pages, which includes significant amendments to the state's open records act, according to Local 12 News.

The bill limits access to records from criminal investigations until after an initial appeal process is complete. Right now these documents are accessible once an individual is convicted, acquitted, or when a case is closed by police.

Opponents fear it might impede the ability to overturn wrongful convictions. The Ohio Innocence Project at the UC Law has worked for the past two decades to free every person in Ohio who has been convicted of a crime they didn’t commit. 

The Local 12 segment mentioned the Ohio Innocence Project’s work in the case of Marcus Sapp of Cincinnati as an example. He served 10 years on a murder charge until he was exonerated and released in 2023 after OIP proved he was wrongfully convicted after an extensive investigation.

The Ohio Innocence Project at UC Law investigated Sapp’s case with student teams uncovering exculpatory evidence that should have been presented during Sapp’s trial that indicated another party was guilty in the death of Cunningham. Jurors never heard evidence that a surviving victim of a home invasion had identified another person shortly after the murder.

Instead they heard the testimony of a jailhouse informant, a felon who routinely swapped testimony for leniency in his own cases. OIP argued for a new trial for Sapp so all the evidence could be presented and it led to Sapp’s release.

OIP’s work also includes helping develop and advocate for lasting criminal justice reform through legislation, educating the public to be sensitive to systemic problems in justice and to rally for change.

Local 12 reported the Ohio Prosecutors Association, which lobbied for the criminal provisions, argues that the changes are necessary to protect the legal process. The Ohio Senate is currently debating its version of the budget, with a vote expected in the coming weeks. Lawmakers have until the end of June to finalize the bill and present it to Governor Mike DeWine before the next fiscal year begins.

View the Local 12 segment online.

Learn more about the work of the Ohio Innocence Project at UC Law online.

Featured top image courtesy of Istock.