Keeping Quiet On Justice?

There's an odd little battle playing out behind the scenes of Summit County Common Pleas Court in the case of the State of Ohio v Ashford Thompson -- and it doesn't have a thing to do with the eventual sentence the admitted killer of Twinsburg police officer Josh Miktarian will eventually get.

The issue is apparently answering questions from the media, namely Ed Meyer of the Akron Beacon Journal, regarding even the simplest of requests for information -- such as when a hearing will be held or scheduled.

Judge Elinore Marsh Stormer fired off an order dated June 25th, 2009 (read the .pdf version here; it's one page) which is unusual in that it specifically targets Summit County Chief Assistant Prosecutor Brad Gessner to keep his mouth shut.

This after Thompson, who admits he shot and killed Miktarian during what was apparently a routine traffic stop, already pleaded guilty and is awaiting sentencing. Not by a jury which may be swayed by comments in the media, but instead a panel of judges which will rule on a life-or-death sentence.

Gessner is talking back, but by motion -- filed July 7, 2009, in response to Stormer's motion. While Judge Stormer took two lines to have her say, Gessner's filing (read the .pdf version here) runs about a dozen pages and points out the power of judges to slap gag orders on cases usually stems from the desire to seat a fair, impartial jury unaffected by commentary or coverage by the media. Such gag orders are quite rare, and in this case it is pretty unusual to see it ordered in a case where the jury deciding Thompson's fate is actually made up of judges who are supposedly immune to public opinion.

Gessner argues the gag order doesn't fit the bill for the normal "purpose and intent" of gag orders, and should be either removed or expanded to include court employees who aren't covered by the order (right now it is aimed at prosecutors and defense lawyers, not court employees) and shouldn't be answering questions posed by the media to the state.

He has some pretty strong language on his side, citing a Fourth Circuit U.S. Court of Appeal (the Feds) decision noting that when a case is decided by a judge rather than a jury there are "...no compelling reasons to restricting lawyer's comments to assure a fair trial." The specific case even mirrors the Thompson case, where the defendant had already been convicted and was awaiting sentencing. In the Summit County case, it is a three-judge panel making this decision.

Gessner's response also note Ohio Supreme Court rulings that a gag order was "...a prior restraint on free speech," and there was a "heavy presumption against its constitutional validity..." when ruling against the broad use of gag orders by judges.

The quote that apparently started all of this? The Prosecutor's office was quoted by the ABJ's Meyer saying "Unfortunately, justice is not coming quickly" shouldn't be enough to issue a gag order, argues Gessner, even if the court (Marsh-Stormer) may find it "offensive." Meyer was questioning (as other news organizations also wondered) why it was taking until October to move forward in the mitigation phase of Thompson's sentencing. His story reported the costs taxpayers would wind up paying for expert witnesses on Thompson's behalf were enough cause for concern to the court.

Both sides were told to not comment on the case, but does that actually include answering procedural questions or something as generic as explaining the process? It has been a year since Miktarian was gunned down in the early morning hours after pulling up beside Thompson's car, and clearly there is interest from the public in seeing how justice is dispensed after the murder of a police officer.

Why We Played It

At noon today we went a bit long on our 1590 WAKR newscast, putting Gov. Mike Huckabee's fill-in for Paul Harvey on delay for six minutes in order to present the full 5:14 audio from the shooting of Officer Joshua Miktarian. Today's noon newscast is the only time we will broadcast the full audio, although the news department will use excerpts during other newscasts on our stations today and tomorrow. It is not graphic but it is disturbing, and some will question why it is necessary.

Here's why we decided to air the dispatch audio.

Tape from the dispatcher's radio log is important not only to show the tenor of what seemed to be a routine traffic stop but also to provide listeners and web visitors more information on this case. There's been quite a bit of talk after the lawyer for the suspect raised self-defense as a possible issue. The dispatch audio doesn't provide answers to exactly what occurred after Miktarian stopped Ashford Thompson for playing loud music and suspicion of driving under the influence, but it does provide a greater sense of timeline in the split-seconds between Miktarian's communication with emergency dispatchers on what should have been routine and the tragedy that followed.

The audio is powerful; some will find it disturbing. Fellow officers race to the scene with sirens clearly heard in the background. The dispatcher and then first police responders to the scene just minutes afterward call out for Miktarian, identified as "45", then note a caller reported hearing an argument and "pops." The discovery of Miktarian alongside his cruiser and radio traffic of "officer down" complete the audio.

There have been many occasions for public debate on the use of 9-1-1 and dispatch audio; currently in Ohio this audio, for the most part, is considered public record. There is little doubt that this audio will be something family and friends of Officer Miktarian will not want to hear, and for that we are truly sorry. However, we feel there is also a compelling reason to air the radio traffic as the public interest in understanding this case, the danger involved every time an officer approaches a vehicle, and the split-seconds between routine and tragic.

Truth isn't found in just a written transcript; it is one reason why law enforcement recognizes the need for audio and video recording including radio dispatch traffic and even dash-cams. Understanding just what happened early Sunday morning, or for that matter in any such case, is more than seeing words on paper. It is important to see and hear with our own eyes and ears, tools we all use to determine truth for ourselves rather than filtered through an "official" version. When the picture (and sound) are given we can trust ourselves to determine truth; all of the senses are important.

The public -- we -- have an investment in how our government responds to our needs, including law enforcement. Acting in the open is often a messy business but in the end the debate makes us stronger by making sure all voices have a chance to be heard. There are many common sense exceptions to what becomes public information, such as protecting children or even our personal medical records but in the cases where our faith in law enforcement is at stake seeing and hearing is believing.

Tragedy in Twinsburg

Another shooting involving local police -- and a young officer with a wife and three-month old daughter is dead.

Twinsburg police are coping with the first-ever loss of an active-duty police officer. During "closing time", just before two o'clock this morning, what should have been a routine traffic stop turned into just what officers fear the most. A suspect is behind bars but the brother/sisterhood in blue is in shock and mourning.

Josh Miktarian was only 33 years old; he grew up in Tallmadge, worked hard to build a pizza franchise business on the side in Sagamore Hills. He joined the Twinsburg police force in 1997, an 11-year veteran in a community where "mean streets" usually applies to cities 20 miles to the north and south. Fellow officers tell us he loved to play guitar with friends in a band. Just part of the story of the man in the picture, the life behind that smile. There is more we will hear in the coming days.

Miktarian's wife Holly and daughter Thea will find overwhelming support from family, friends and a community but never the solace of an answer to fully explain the reason why their husband and father was taken from them because any answer will never be reasonable.

At this point police are still trying to figure out answers themselves; why routine escalated, why the suspect (unnamed as of this post) may have pulled the trigger. At this point we're not sure if drugs or alcohol were in the car, why Miktarian didn't feel the need to use his K-9 companion (left in the cruiser), even if dash-cam video or audio will be of help in trying to fill in the why. The facts -- who, when, where, what, even how --will likely come out in the next few days, but not likely to ever satisfy why.

Midway through July, just barely into summer. An officer in Twinsburg killed in the line of duty; a retired Canton police officer murdered; a police-involved shooting in Akron that left a father of 12 dead. Is this a spell of bad times we are going through or do the bad times reflect something deeper, a change in our society where anger and rage so easily boil over? What triggers people to turn into those who take breath away instead of taking a deep breath ourselves?

Retired Twinsburg officer Tom Austin openly shed tears while talking about his friend Josh, and the changes he's seen over the years, trying to make sense of why people lose it faster or don't even seem to care about holding together.