NEWS

Records secret in mysterious Mason death

Keith BieryGolick
kbierygolick@enquirer.com
Mason police investigate a home in the Heritage Club subdivision after a 56-year-old woman was found dead on a Monday morning in March.

Warren County officials may have illegally sealed public records in the mysterious death of a Mason woman, multiple legal experts told The Enquirer.

Authorities searched two vehicles and the home of Susan Sparks after she was found shot to death in her home on MacKenzie Court in March.

Mason police initially called the 56-year-old woman's death "questionable," but have not charged Sparks' husband with any crimes. Timothy Sparks told police he was holding the gun when it went off during a struggle with his wife, according to a police report.

Few details have been released since.

Susan Sparks

The Enquirer submitted an open records request Tuesday for any search warrants, among other things, related to the high-profile incident. In response, Warren County Assistant Prosecutor Keith Anderson said those records were sealed by a judge's order.

Anderson subsequently provided the motion submitted by Assistant Prosecuting Attorney Steve Knippen and the order issued by Judge Donald Oda to seal the records.

Those records show officials ignored the rules governing court documents, according to Enquirer attorney Jack Greiner.

"They just didn't follow the applicable rules to justify what they did," Greiner said.

Ohio Rules of Superintendence say to seal public records, officials must demonstrate "clear and convincing evidence that the presumption of allowing public access is outweighed by a higher interest."

The motion and order, the only records provided to The Enquirer, present no evidence or reasoning for them to be sealed, Greiner said.

The motion states the records should be sealed "due to the continuing nature of the investigation." The order mentions no evidence or findings by the judge.

"Basically, what was in that was (an) argument -- not evidence," Greiner said. "Just because a lawyer says something doesn't make it evidence."

Timothy Sparks

The judge should issue clear and specific findings in his order to seal records, said Curt Hartman, an area lawyer who focuses on public records law.

"Look, what we're dealing with here are significant constitutional issues," Hartman said. "If law enforcement can have all their search warrants sealed, how do we evaluate the job our government is doing?"

Oda said he could not comment specifically on these search warrants or his order to seal them because he might have to rule on a motion to unseal them in the future.

He did say no hearing was conducted to consider sealing the records.

"I can tell you that it is not uncommon to seal search warrants as part of an ongoing criminal investigation," he said. "Particularly, search warrants that are signed at a very close time after the incident."

The order to seal the records was filed April 15. Sparks was found dead March 30.

Typically, search warrants are sealed to protect a law enforcement investigation, but also to protect the person being investigated, Oda said.

"If you're only seeing half the affidavit or half the documents, and they're given the court's authority, somebody's reputation might be tarnished based on reports they are being investigated," he said.

But making a police officer's job easier does not satisfy legal requirements and should not be part of the reason for sealing records, Hartman said.

Warren County Prosecutor David Fornshell declined to comment on the motion and order to seal the records. He echoed Oda's statement and said search warrants are sealed "all the time."

Greiner responded: "Just because something is common doesn't make it legal."

Former cop and Hamilton County Prosecutor Mike Allen said even defense attorneys have a hard time getting parts of search warrants.

"The court's attitude in general is that the public should know as much as you can, but they are going to protect law enforcement," Allen said.

"Should (the motion and order to seal the records) have been more specific? Yes. But would it survive court scrutiny if Jack Greiner or some other shark-toothed lawyer sued? I think it probably would."

Fornshell declined to comment on the investigation into Susan Sparks' death and declined to let Knippen answer questions from The Enquirer.

Hartman brought up a video feed from courtrooms to the prosecutor's office disabled last year in Warren County after a firestorm of criticism. Defense attorneys expressed concern that Fornshell could hear private conversations with their clients and could listen in when hearings were not occurring.

"Local courts, this is how they operate sometimes," Hartman said.

He said the way these search warrants were sealed could be a warning sign of something bigger.

"The worst-case scenario is this sets up the potential for a Star Chamber -- secret courtroom proceedings," Hartman said. "The judge is only supposed to issue a search warrant if there is probable cause in the search warrant. How do we know there is sufficient evidence to support this? We don't."

Authorities talk outside a home in Mason where a 56-year-old woman was found dead.