Updated Tue, Oct 1, 2013 2:14 pm
A judge will review Athens County Sheriff's Office records to determine if they should be turned over to the Ohio Attorney General's Office as part of a grand jury investigation.
Judge Patricia Ann Cosgrove met Monday with Sheriff Patrick Kelly, an attorney for the sheriff's office and an assistant attorney general about the matter.
Cosgrove, a retired Summit County Common Pleas Court judge, was recently appointed by Ohio Supreme Court Chief Justice Maureen O'Connor to preside over matters relating to a special grand jury that the Ohio Attorney General's Office has convened in Athens County. The grand jury is believed to be hearing matters related to allegations involving Kelly.
Athens County Common Pleas Court Judge L. Alan Goldsberry had asked that an outside judge be appointed. The matter at hand was a motion filed by the attorney general's office seeking to compel the sheriff's office to comply with a grand jury subpoena.
From the wording of the motion to compel, it appears to relate to a grand jury subpoena for sheriff’s office records on use of confidential informants. Kelly has said he does not want to turn over those records, arguing it would hurt law enforcement's ability to use confidential informants. Attorney General Mike DeWine has said the names of the informants would not be made public.
The attorney general's office had asked for a closed-door hearing on its motion to compel.
Although Cosgrove met with the attorneys involved, she indicated afterward that a hearing was not held, but that she would review records privately to determine if they should be turned over. She would not say what records were involved.
In addition to Kelly, those participating in the closed-door meeting included Ohio Assistant Attorney General James Roberts and Allan Regas, a Cuyahoga County assistant prosecutor appointed to represent the Athens County Sheriff's Office.
Kelly, Regas and Roberts would not comment on Monday's proceedings, which Cosgrove had said were sealed.