by James McNair
01.09.2013
131 days ago
Judge allows convicted student to withdraw his plea, then seals case again
The case of a
former Miami University student who pleaded guilty to disorderly
conduct for posting a “Top Ten Ways to Get Away with Rape” flier in a
dormitory bathroom just keeps getting more controversial.The
controversy began Nov. 8, when Butler County Area 1 Court Judge Robert
Lyons took the guilty plea and ordered all record of the case —
including the defendant’s name — sealed from public view. The MU police
chief says he is bound by Lyons’ order and can’t release the name. The
Butler County Prosecuting Attorney’s office did not object to the
sealing of the file.The Cincinnati Enquirer
entered the picture six days later. It sued Lyons in the Ohio Supreme
Court, saying he sealed the file without giving the newspaper a chance
to argue for public access. In his answer — filed by the Prosecuting
Attorney’s office on Dec. 13 — Lyons stood by his actions. Furthermore,
he wrote that “there was no plea” in the case.Now we know
where that came from. On that very same day, the case was back in Lyons
court for reconsideration. This time, prosecutors agreed to drop the
charge, and Lyons ruled it so. And, once again, he sealed the file, and
no one present objected. The Enquirer reported on the dismissal Wednesday.Prosecuting
Attorney Mike Gmoser won’t say why he agreed to dropping the charge
until the Supreme Court case is over. “Save that question, and I will
give you a full and detailed statement,” he told CityBeat. “I don’t try cases in the press.”Gmoser said he is asking the Supreme Court to dismiss the Enquirer’s suit because the issue at hand is “moot.”