COLUMBUS, Ohio — A proposed Ohio constitutional amendment granting rights to crime victims has the support of a bipartisan coalition of prosecutors, law enforcement officials and advocacy groups.
Supporters of the amendment, called Marsy’s Law for Ohio, said crime victims’ rights currently included in the Ohio Constitution aren’t equally enforced across the state.
Marsy’s Law would expand the rights granted by a 1994 constitutional amendment and allow victims’ attorneys to file a motion in court if they feel their rights have been ignored. They could then appeal the judge’s decision.
“This provides an additional protection of enforcement and that is largely one of the benefits I support,” O’Brien, a Republican, said at a Wednesday news conference.
Marsy’s Law also has the support of Franklin County Sheriff Dallas Baldwin, Mothers Against Drunk Driving, the Ohio Alliance to End Sexual Violence, Ohio Victim Witness Association, Parents of Murdered Children and other domestic violence and sexual assault advocates.
Rights for victims
The amendment would enumerate 10 rights for victims, including to be present at court proceedings and provide input before a plea deal is struck, be notified of changes in an offender’s status, have a prompt conclusion to the case without unreasonable delay and receive restitution.
Anna Herb of Columbus said the right to a prompt conclusion would have helped her during a sexual abuse case that stretched over two years. Herb, who was in high school at the time, said the numerous continuances granted to her abuser dragged out the case and prevented her from healing and moving on.
Herb was also not allowed to sit in the courtroom during proceedings.
“You have no voice, you have no rights, you have nothing yet he gets the rights to a speedy trial,” Herb said. “He’s the one that’s protected. What about us?”
Concerns from defense attorneys
Public defenders and defense attorneys are concerned the amendment could give victims, who are not parties to criminal lawsuits, more rights than defendants.
The constitutional amendment would override state law, which contains many rights for crime victims and the accused. Barry Wilford, public policy chairman for the Ohio Association of Criminal Defense Lawyers, said that would eliminate judges’ ability to weigh and balance rights of victims and defendants.
And he questioned whether the proposed right to refuse an interview or other discovery request would defeat a defendant’s subpoena power.
“This is overkill,” Wilford said in an interview. “It’s a good cause, but putting it in the Constitution would be a drastic mistake.”
The campaign
The Marsy’s Law for Ohio campaign has the help of experienced Columbus consultants and lobbyists who have worked on successful statewide ballot issues.
Supporters began collecting the nearly 305,600 signatures of Ohio registered voters to qualify for the November ballot. The campaign will largely use paid signature gatherers to complete the effort by the July 5 deadline, spokesman Aaron Marshall said.
Marshall also said the campaign will have “sufficient” funding to educate voters ahead of the November election, thanks to California businessman Henry Nicholas. Nicholas’ sister Marsalee (Marsy) was stalked and killed in 1984 by an ex-boyfriend. The ex-boyfriend was released from jail one week later, and Nicholas and his mother only found out after seeing him at a grocery store.
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