From The Cincinnati Enquirer Butler County Prosecutor Mike Gmoser clearly does not want to have to pay attorneys who work for The Enquirer. But now he may have to.
The situation stems from the case of Michael Ray, who is in prison in connection with the death of his stepfather on Father’s Day in 2012.
The Butler County Sheriff's Office released an incoming 911 call from the day of the killing. But Gmoser denied The Enquirer’s request for the recording of an outgoing call a 911 dispatcher made, saying it would affect the suspect's right to a fair trial.
Ray, who has since been convicted of murder, told the dispatcher, “I’m a murderer, and you need to arrest me.”
He said he had stabbed his stepfather after the stepfather had found Ray drinking.
Gmoser later asked the judge assigned to the case to block the release of the recording, which the judge did.
The Ohio Supreme Court criticized Gmoser’s actions, saying it “only served to saddle The Enquirer with more litigation and more attorney fees.”
“Those tactics,” the Supreme Court’s opinion said, “do not demonstrate good faith by the prosecutor’s office.”
The Enquirer sued successfully, and the court ruled the prosecutor must pay $25,462.80 of taxpayers' money for The Enquirer's attorney fees.
Gmoser does not want to pay them. So he appealed, claiming the amount was excessive.
He lost, in a ruling handed down last week.
Now, The Enquirer is asking for more money in compensation for the additional litigation caused by the prosecutor's appeal.
Enquirer Attorney Jack Greiner said Gmoser's appeal was frivolous.
Gmoser did not return a message left by an Enquirer reporter seeking comment.