Judge in Ohio bodies case backs off reporter arrest threat; colleague leaked information

Judge in Ohio bodies case backs off from reporter

CLEVELAND — A judge threatened to arrest a newspaper reporter who saw a psychiatric evaluation of a serial-killing suspect, then backed off Wednesday when she learned that her predecessor in the case had made it available.

The story by Gabriel Baird of The Plain Dealer said the psychiatric report concluded that suspect Anthony Sowell was unlikely to assault women after he finished a prison term for attempted rape.

Sowell was arrested and released without charges in 2008 after a woman alleged he attacked her. But the remains of 11 women were found at his home in fall 2009. Sowell, 50, has pleaded not guilty.

His attorneys told Cuyahoga County Common Pleas Judge Shirley Strickland Saffold that the leak of the psychiatric report called into question the ability of the court system in Cleveland to keep confidential records secret and risked Sowell’s chance to get a fair trial.

Saffold had ordered Baird arrested after he missed a hearing called Tuesday to find out his source. But Judge Timothy McGinty called her and said he had allowed Baird to see the report.

The order and the rescinded threat come during Sunshine Week, when news organizations promote open government and freedom of information.

McGinty was randomly assigned to handle the Sowell trial but stepped aside Dec. 10 over e-mails he had sent to the newspaper. He cited a conflict of interest in his criticism of releasing suspects pending indictment.

Safford rejected a request by Sowell’s lawyers for a full hearing on the leak and McGinty’s involvement. The defense attorneys said they would appeal the decision.

Assistant Cuyahoga County Prosecutor Richard Bombik told the judge that the leak issue had been resolved and that he felt the defense was using the leak as a tactic to have the trial moved out of Cleveland.

McGinty was attending a family funeral and could not be reached for comment Wednesday. Messages were left at his office.