by James McNair
Lawyer denies a plea occurred, contradicting previous explanation
County judge who granted the anonymity of a former Miami University
student convicted of posting a rape tips list on campus is standing by
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 Thursday. 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.