A federal judge reaffirmed a December court order on Monday to reveal the names of Columbus Division of Police officers not being released due to Marsy's Law, which is meant to protect crime victims.
Judge Kimberly Jolson, a magistrate with the U.S. District Court of the Southern District of Ohio, ordered the Ohio Bureau of Criminal Investigation to reveal the names of the Columbus police officers in December. BCI objected to that order, but Chief District Judge Sarah D. Morrison affirmed Jolson's order in a Monday ruling.
Columbus police officers shot and killed 36-year-old Jamie Overstreet in August 2023, after he led police on a five-mile chase through the city's south side. A grand jury declined to criminally charge those officers, but Overstreet's family is still suing in civil court.
Morrison said the officers' names are not protected from disclosure in this case under Marsy's Law.
She concurred with Jolson's order that the law doesn't protect an officer's name from being disclosed through a subpoena or discovery process.
Morrison pointed out the Ohio Supreme Court has yet to find that officers who are harmed while responding to a crime are themselves “victims” under the Ohio law.
She didn't give an opinion on the validity of the law being used to protect an officer's name from public disclosure in other ways.
The Columbus Dispatch is currently suing Columbus officials over their use of Marsy's Law to shield on-duty officers' names in a different case. The Supreme Court case could determine whether or not police departments around the state can use Marsy's Law in this way, affording protections meant for crime victims to on-duty police officers.
The civil case was filed in May by Joelle New, Overstreet's ex-wife, who is the executor of his estate. The lawsuit alleges the use of deadly force by Columbus police against Overstreet was not justified.
New is suing the city of Columbus, but the subpoena at the heart of the case deals with BCI, which is not a party in the lawsuit.
Steve Irwin, spokesman from the attorney general's office, said they are "reviewing the filing and determining next steps."
Pete Shipley, spokesperson for Columbus City Attorney Zach Klein's Office, said in a statement they are awaiting the decision in the Ohio Supreme Court on Marsy's Law.
“Given the City’s active litigation on the matter of Marsy’s Law, it would be inappropriate for us to comment at this time," Shipley said. "We welcome the opportunity for the Ohio Supreme Court to weigh in on this issue to give further guidance as law enforcement agencies navigate their responsibility to be responsive and transparent while also upholding their constitutional duty to follow the law.”
