Court Update on Caleb Flynn
Caleb Flynn drops motion to close public records; waives potential conflict of interest against judge.
Caleb Flynn withdrew a motion to disseminate discoverable materials on Friday, March 10, after the defense and Miami County Prosecutors couldn’t come to an agreement.
Flynn is facing charges of aggravated murder, murder, felonious assault, tampering with evidence and intimidating a witness, lawyer or victim after he was indicted in the shooting death of his wife Ashley Flynn in March.
Flynn is accused of shooting and killing her in the family’s home in Tipp City on Feb. 16.
“There has been no agreement, Your Honor,” attorney Patrick Mulligan said. “I appreciate the work the court has done in reviewing this matter. It’s our intention this morning to withdraw that motion and the amended motion.”
Mulligan, an attorney for Flynn, told Miami County Court of Common Pleas Judge Jeannine Pratt he had no intentions of filing any other motions ahead of Flynn’s trial, which is scheduled to begin on April 28.
In the dissemination motion, attorneys for Flynn requested a gag order against multiple agencies in fulfilling public records requests to protect Flynn’s Sixth Amendment rights, stating it may impede his right to a fair trial.
“The Ohio Public Records Act dictates rules and restrictions for the availability of public records for inspection or copying,” the motion said. “There are several exceptions to this rule, including trial preparation records, confidential law enforcement investigatory records and records the release of which is prohibited by state or federal law. The state has violated the statute and Mr. Flynn’s Constitutional rights.”
Pratt said the final pre-trial hearing is scheduled for April 16 at 1:15 p.m.
Flynn waives right to new trial
Caleb Flynn waived his right to a new trial after the court revealed a potential conflict of interest during a hearing on April 6.
Miami County Court of Common Pleas Judge Jeannine Pratt said she recently hired an attorney who was a former employee of the Miami County Prosecutor’s Office.
“The staff attorney was employed at the prosecutor’s office during the period this case was under investigation,” Pratt said. “But was no longer employed to that office prior to the filing of the indictment.”
According to court, the attorney conducted legal research on a public records request related to Flynn’s case but wasn’t further involved
Flynn agreed to waive the motion under oath.
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