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Judge Who Sealed Miami Rape Flier Case Defends Decision

By James McNair · December 19th, 2012 · City Desk
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The Butler County judge who granted the anonymity of a former Miami University student convicted of posting a rape tips list on campus is standing by his decision. 

Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record.

Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Dec.

13. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy.

That Lyons is standing his ground comes as no surprise, but his answer contains one head-scratching statement. He — that is, Gmoser — wrote that “there was no plea” in the case. Yet in a first-person account of the case in the Miami University Student on Nov. 8, Gmoser wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8 says the case was up for the entry of a guilty plea.

 
 
 
 

 

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