Ohio Supreme Court orders records unsealed for Hudson 18-year-old accused of raping child
The Ohio Supreme Court ruled late Friday afternoon that a Summit County Common Pleas judge must unseal records connected to a Hudson teen accused of several felony charges.
Former Hudson Mayor Craig Shubert filed a petition May 15 asking the Ohio Supreme Court to examine Common Pleas Judge Alison Breaux's decision to seal the case against Jeremiah Stoehr, 18, who is facing five felony charges, including rape and kidnapping of a 9-year-old. At the time of the order, Stoehr was in the final stretch of his senior year at Hudson High School.
The Ohio Supreme Court justices stated in the Friday ruling they agreed with Shubert that Breaux had not considered if the order to seal the records was the least restrictive way possible, and ordered the records unsealed "and to conduct a proper review of the documents sought to be restricted."
"When restricting public access, the court must use the least restrictive means available," the court ruling stated. "Judge Breaux’s sealing orders restrict 'any public access' to a broad set of documents."
James Pollack, director of communications for the Summit County Prosecutor's office, said his office could not comment on open cases due to office policy. Breaux declined to comment. Stoehr's legal representative could not be reached for comment.
As of Monday afternoon, the court records had not been unsealed.
Breaux had agreed to seal the case at the request of Stoehr's legal representatives, who had stated that the 18-year-old and his family had received threats. However, the state Supreme Court's justices found the claims weren't supported.
"Judge Breaux has submitted affidavits from Stoehr’s parents that detail threats Stoehr received onlineand in-person, and state that they reported to the police that a suspicious vehicle had followed Stoehr’s mother," the ruling stated. "But these affidavits postdate the amended order and thus Judge Breaux could not have relied on them when she issued the amended order. In sum, the amended order’s statement that restricting access to the court documents was necessary to protect Stoehr and his counsel was not supported by any evidence. At the time of the amended order, there was no testimony or other evidence before the court regarding any threats or dangers to Stoehr or his family, only unsupported assertions. Such assertions are not enough to establish by clear and convincing evidence that restricting access is necessary."
The Supreme Court justices added that Breaux's argument that sealing the records to protect the minor victim under Marsy's Law wasn't enough since identifying information is already protected.
Curt Hartman, the legal representative for Shubert, said he was "very pleased" with the state Supreme Court's decision.
Reporter April Helms can be reached at ahelms@thebeaconjournal.com
This article originally appeared on Akron Beacon Journal: Ohio Supreme Court orders Summit judge to unseal Hudson rape case file
