CINCINNATI (AP) -- A state appeals court says a prosecutor violated the Ohio Public Records Act by refusing a newspaper's request for a 911 tape.
The 12th District Court of Appeals on Monday ordered Butler County Prosecutor Michael Gmoser to pay $1,000 in damages to The Cincinnati Enquirer. It rejected the newspaper's request for attorney fees.
The prosecutor had contended that the call by a dispatcher to a man who confessed to fatally stabbing his step-father should be excluded from public record. He said the dispatcher's call after an initial call was disconnected was a confidential investigatory record, and its release would prejudice the man's right to a fair trial.
The Enquirer reports the court said no evidence was produced to show that.
Gmoser could appeal to the Ohio Supreme Court.
The 12th District Court of Appeals on Monday ordered Butler County Prosecutor Michael Gmoser to pay $1,000 in damages to The Cincinnati Enquirer. It rejected the newspaper's request for attorney fees.
The prosecutor had contended that the call by a dispatcher to a man who confessed to fatally stabbing his step-father should be excluded from public record. He said the dispatcher's call after an initial call was disconnected was a confidential investigatory record, and its release would prejudice the man's right to a fair trial.
The Enquirer reports the court said no evidence was produced to show that.
Gmoser could appeal to the Ohio Supreme Court.