Court sends suit vs. Pike County coroner to mediation
Update, Wednesday 12:45 p.m.: The Supreme Court of Ohio announced Wednesday it has sent The Enquirer's lawsuit against the Pike County Coroner's Office to mediation.
The Enquirer filed its lawsuit against the coroner's office July 26 after being denied access to the final autopsy reports for the eight family members of the Rhoden family killed in April.
According to a Wednesday news release, the court can dismiss the case or take other action if the parties fail to timely file merit briefs.
"I have inquired with the Pike County prosecutor (Rob Junk) to see if he feels there is any point in going through mediation give that both of us feel very strongly about our positions," Jack Greiner, general counsel for The Enquirer and Cincinnati.com, said. "It is difficult to see where there would be room to compromise."
Pike County Prosecutor Rob Junk declined to comment, citing the pending legal action.
The Columbus Dispatch on Monday also filed suit against the Pike County Coroner's office also alleging it was improperly withholding the same autopsy reports.
Previous report:The Pike County Coroner's Office has received the final autopsy reports for the eight family members slain on April 22, but is withholding the reports from the public.
In a news release, Pike County Coroner Dr. David Kessler said the reports are part of a homicide investigation and are considered "confidential law enforcement investigatory records."
"I do not want to release any information that might impede the criminal investigation or the families grieving process," Kessler said.
In the release, Kessler said he made the decision after consulting with legal counsel.
"Once again, officials are ignoring state open records law," said Peter Bhatia, editor and vice president of audience engagement for The Enquirer. "This isn't acceptable or legal. We will continue to vigorously pursue our legal options."
Jack Greiner, general counsel for The Enquirer and Cincinnati.com, said he doesn't think the law supports the withholding of the reports.
"In our experience, it's provided by the revised code and they have never given us any legal basis for their denial for providing the compliance," Greiner said.
Lisa Peterson Hackley, the director of communications for Attorney General Mike DeWine, said in an email that the Rhoden case is an active homicide investigation.
"The Ohio Supreme Court has repeatedly affirmed that autopsy records may be exempt from release as confidential law enforcement investigatory work product or CLEIRS," Hackley said. "This exemption is important in homicide cases because releasing certain information can impact law enforcement's ability to solve a case."
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In April, the eight bodies were sent to Hamilton County Coroner Dr. Lakshmi Sammarco for autopsies before being released to surviving family members. Kessler's office is ultimately responsible for determining the cause of death and releasing the reports.
Found dead in four separate residences on the morning of April 22 were Christopher Rhoden Sr., 40; his ex-wife Dana Rhoden, 37; their children Clarence "Frankie" Rhoden, 20, Hanna Rhoden, 19, and Christopher Rhoden Jr., 16; Frankie Rhoden's fiancee Hannah Gilley, 20; Christopher Rhoden Sr.'s brother Kenneth Rhoden, 44; and a cousin, Gary Rhoden, 38.
It's been three months since the killings and authorities have repeatedly declined to disclose much information about the case. DeWine has described the investigation as the largest in Ohio history.
Last week, The Enquirer filed a lawsuit in the Court of Appeals Fourth Appellate District, Pike County claiming officials did not respond to requests to review the results and findings related to the unsolved shooting deaths of members of the Rhoden family.
In response to The Enquirer's initial records request for the preliminary reports, Pike County Prosecutor Rob Junk wrote, "we fully expect that your client will splash the contents of the preliminary autopsies all over its front page under some type of lurid headline, which will grab the public's attention and spread the details of our victims' deaths far and wide."
Such a response has no basis in the law, Greiner said.
“We think the law is very clear – a journalist has a right to view a preliminary autopsy request," Greiner said. "The Pike County prosecutor has not cited to any applicable law to justify his refusal to allow The Enquirer reporter to view the preliminary autopsy report. We really had no choice but to file suit.”
According to the lawsuit, "counsel for the Enquirer repeatedly explained to Mr. Junk his misinterpretation of the laws governing disclosure of the Records to no avail. Mr. Junk has denied access to the Records and continues to ignore the governing law."
The Enquirer is seeking to be compensated for all its court costs and, if applicable, statutory damages, according to the lawsuit. Junk was said to be unreachable last Friday because of a vacation.
In Pike County, family clings to hope
Anyone with information related to the case is asked to call Southern Ohio Crime Stoppers at 740-773-TIPS. Anonymous tips are still being taken at the Ohio Bureau of Criminal Investigation at 855-BCI-OHIO (224-6446) or the Pike County Sheriff's Office at 740-947-2111.
A $10,000 Crime Stoppers reward would be paid for any information that leads to the apprehension of suspects and a conviction in the case.
Hannah Sparling contributed.