For the second time, the Columbus Dispatch has filed a civil complaint against a Vinton County judge for limiting access to information in one of cases against four people accused of keeping 16 children in horrific conditions.
The Dispatch filed a complaint on July 15 with the Ohio Supreme Court challenging the gag order issued in the case of Gary Siders Jr.
Vinton County Common Pleas Court Judge Laina Fetherolf Rogers agreed on July 14 to a request filed by Siders Jr.’s attorney the same day to bar public comment by officials on the case moving forward.
“In filing this action, The Dispatch is protecting the public’s right to know what is happening in this horrific situation,” the newspaper’s attorney, Jack Greiner, said.
Siders Jr., 36, his wife, 33-year-old Elizabeth Siders, and his parents Gary Siders Sr., 73, and Christina Siders, 67, all face 16 counts of felony child endangerment. Each charge correlates with one of the younger Siders couple’s 16 children, ranging in age from 18 months to 18 years, found living in what authorities say were deplorable conditions on June 30 in one room of a five-room, one-story home on Ohmer Street in Hamden.
In the request for the gag order, attorney Lee Roberts, who represents Siders Jr., cited those comments made by Ohio Attorney General Andy Wilson and Vinton County officials about the condition of the home and the children.
Wilson’s comments included likening the home to a third-world country, and described the children as “almost feral.”
Roberts argued that the comments made by the officials about the case and any future comments would “make it substantially likely” that Siders Jr.’s right to a fair jury trial would be impacted if the gag order was not imposed.
Fetherolf Rogers ordered the parties to the case, court personnel, public officials, or others involved in the case not to speak with the media or disseminate information about the case publicly.
Attorneys for the other three defendants have not filed similar requests as of July 15, according to Vinton County court records.
Under Ohio law, judges are supposed to consider the least restrictive option available in balancing the risk of publicity tainting a prospective jury pool with maintaining the presumed openness of courts and their proceedings.
Judges are also required to make specific findings on the record about why they are issuing the order and what other options they have considered. There is no evidence contained within court records or Fetherolf Rogers’ order that any public court hearing was held on Roberts’ request.
“Because the motion was not supported by any evidence, [Fetherolf Rogers] could not have established a substantial probability that Siders’ right to a fair trial will be prejudiced by publicity that the gag order would prevent, or reasonable alternatives could not adequately protect the Siders’ fair trial rights,” Greiner wrote in the complaint.
High-profile cases across the state have proceeded without gag orders.
In Franklin County, the recent retrial of former Franklin County Sheriff’s deputy Jason Meade did not have a gag order issued. Meade’s attorneys and the special prosecutors chose not to speak about the case publicly outside of court hearings but made that decision without a gag order being put in place.
That case’s jury pool was picked by having a larger-than-normal number of people brought in, specialized questionnaires, and an extended selection process.
Other high-profile cases drawing national attention, like that of former Mount Carmel doctor William Husel, also proceeded without a gag order.
Similarly to Meade’s case, the attorneys in Husel’s case chose not to speak publicly about the case outside of filings and hearings until the jury’s verdict.
The Dispatch also filed a complaint with the Ohio Supreme Court against Vinton County Juvenile Court Judge Robert Grillo, who sealed documents connected to the June 30 search warrants executed at the Siders’ home.
The Dispatch contends those documents were improperly sealed and should be released.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Columbus Dispatch files lawsuit to stop gag order in Vinton abuse case
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
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By Bethany Bruner, Columbus Dispatch | USA TODAY Network
