February 25, 2005

* NEW * Prosecutor won't appeal document release in case of slain nun

Toledo Blade


Documents supporting two police searches of the Toledo Catholic Diocese in the murder investigation of Sister Margaret Ann Pahl most likely will be released Monday.

Common Pleas Court Judge Thomas Osowik ruled Thursday to keep the records sealed until Monday to give Lucas County prosecutors a chance to appeal his decision to make them public, and prosecutors yesterday decided not fight his decision to release them, said Dean Mandross, a senior assistant prosecutor.

That means search warrant affidavits, possibly outlining why police felt they needed a court order to search the downtown church office on September 15 and 17, may be released at 9 a.m. Monday.

Mr. Mandross said prosecutors originally fought The Blade’s request to make the records public because they felt the newspaper made a procedural error in asking for them. But whether an appeals court agreed with the prosecutors’ argument, the records most likely would have been released eventually, he said.

The Blade’s attorney, Fritz Byers, argued for the documents based on federal public records law.

Posted by kshaw at February 25, 2005 07:02 PM