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  Complaint Asks for Sheriff's Files in Alleged Assault

By Rick Stillion
The Daily Jeffersonian
January 9, 2009

http://www.daily-jeff.com/news/article/4502209

Rick Stillion/The Daily Jeffersonian

A former Guernsey County resident who alleges she was molested by a priest as a young girl has filed a complaint with the Fifth District Court of Appeals seeking to have the investigator's reports released as part of Ohio's Public Records Law.

The alleged sexual assaults were investigated by the Guernsey County Sheriff's Office. The grand jury of the Common Pleas Court of Guernsey County on Oct. 1, 2008, declined to return an indictment against the alleged assailant.

The complaint was filed by attorney Konrad Kircher of Mason on behalf of Beth Rocker, who currently resides in Isreal.

Guernsey County Sheriff Mike McCauley declined to comment on the complaint. He referred inquiries to Guernsey County Prosecuting Attorney Daniel Padden, who was not available for comment as of press time Friday.

In a press release issued by the Survivors Network of those Abused by Priests, Rocker said it's crucial that families understand how this predator operates.

"As a matter of conscience, I feel it's my duty to help other victims know they aren't alone and help parents know that it's critical to keep their kids away from this man," said Rocker, who testified before the grand jury.

According to the complaint filed Thursday with the Fifth District Court of Appeals, Kircher filed a written request on behalf of Rocker on Oct. 1 asking the sheriff's office to provide "the entire contents of the investigative file and any documents reviewed during or related to the investigation."

A copy of the written request was included with the complaint.

Kircher said in the complaint that he followed up twice by e-mail and once by voice mail with no direct response.

Padden reportedly later advised that only the first two pages of the initial report would be provided, according to the complaint. On Nov. 6, Kircher said he received those documents.

Through the complaint, Kircher is requesting the court of appeals order a writ of mandamus compelling the sheriff's office to provide the requested public records and the award of attorney fees in this matter.

Contact: (rstillion@daily-jeff.com)

 
 

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