IN THE COMMON PLEAS COURT
OF CUYAHOGA COUNTY, OHIO

IN RE, CASE NO. 613636
JUDGE: JOHN J. RUSSO
ADMINISTRATIVE JUDGE
INVESTIGATION INTO THE 
DEATH OF TANISHA ANDERSON Judge: JOHN RUSSO

SD 16 077570

 

MOTION FOR APPOINTMENT OF A SPECIAL MASTER

 

The State, Via the undersigned Special Prosecutor, moves this Court to appoint a Special
Master in the above captioned matter. The reason for this request is described in the attached
Memorandum in Support.

ReSpectfully submitted,

 MICHAEL DEWINE
Ohio Attorney General



Matthew J. Donahue (0076578)

Special Cuyahoga County Prosecutor
Office of Ohio the Attorney General
Section Chief, Special Prosecutions
150 E. Gay St., 16th Floor

Columbus, OH 43215

(614) 644-7233

MEMORANDUM IN SUPPORT
On Wednesday, February 17, 2016, the of?ce of the Ohio Attorney General was
appointed as Special Prosecutor for this matter. The reason that this appointment became

material has been forwarded to the Cuyahoga County Prosecutor?s

necessary is that ?Garrity?
Of?ce.

The undersigned is the Chief of the Special Prosecutions Section for the Ohio Attorney
General?s Of?ce. The undersigned has requested that until such time as the ?Garrity? material
can be purged from the ?le, that no material in this matter be forwarded to the Special
Prosecutor.

In order for this matter to move forward, the ?Garrity? material and material derivative of
it must be purged from the ?le. Thus, the undersigned moves this Court to appoint a Special
Master to review the material in this matter for ?Garrity? protected content. The appointment of a
Special Master is an inherent power of the Court. McCann Maxwell, 174 Ohio St. 282, 283
(1963).

The Of?ce of the Lorain County Prosecutor has indicated that, should this Court appoint
them, they are willing to act as a Special Master. Such an appointment of the Lorain County
Prosecutor?s Of?ce would be without compensation by Cuyahoga County, but would afford the
Lorain County Prosecutor?s Of?ce all the immunities and protections of a judicial of?cer.

In this case, the State requests the following procedure be set. The Special Master will

receive from the Cuyahoga County Prosecutor?s Of?ce, the Cuyahoga County Sheriff?s Of?ce,

 

1 Garrity v. New ersev. 385 US. 493 (1967), See also State v. Jackson, 125 Ohio St.3d 218, Syl. (2010) (?In
a criminal proceeding against a public employee, the state may not make direct or derivative use of the
employee?s statement that was compelled under threat of the employee?s removal from of?ce (?Garrity
When the state fails to prove that it did not make any use of a Garrity statement in obtaining
an indictment, the indictment must be dismissed.?

and any other relevant agency, if any, their criminal investigative ?le. The Court will arrange the
transfer of the ?les. The Special Master will conduct a ?Garrity? review of the criminal
investigatory ?le in this matter and remove any ?Garrity? material; if possible, identify any
investigator or witness who has been exposed to ?Garrity? material; and identify, if possible, the
point in time that ?Garrity? material was introduced to the investigation. The Special Master will
provide the ?Garrity? protected materials and a copy of the ?les that are not implicated by
?Garrity? to the Court for an in camera inspection. The Court will review the submitted ?les and,
if the Court so chooses, the Court may inquire of the Special Master. The Court will then cause a
copy of the ?le, devoid of any ?Garrity? material, to be forwarded to the undersigned and his
staff. The Court, if it is so able and so chooses, will also inform the undersigned and his staff of
any investigator or witness who has been exposed to ?Garrity? material and the point in time that
?Garrity? material was introduced to the investigation. The Special Master will have no contact

with the Ohio Attorney General?s Of?ce about this matter.

Respectfully submitted,

MICHAEL DEWINE
Ohio Attorney General

Weave
Matthew J. Donahue (60/739278)
Special Cuyahoga County Prosecutor
Office of Ohio the Attorney General
Section Chief, Special Prosecutions
150 E. Gay St., 16th Floor
Columbus, OH 43215

(614) 644-7233