He is charged with aggravated murder, three counts of murder, two counts of felonious assault, three counts of tampering with evidence and two misdemeanor counts of intimidation of an attorney, victim or witness in a criminal case.
Credit: Matthew Symons for Fox News Digi
Credit: Matthew Symons for Fox News Digi
His wife, Ashley Flynn, 37, was shot and killed early Feb. 16 at the couple’s Cunningham Court home. The homicide initially was reported by Caleb Flynn as a home invasion and shooting, according to 911 records.
Defense attorney L. Patrick Mulligan, who is representing Flynn, said they do not intend to file a time waiver, which would extend the time for the case to go to trial. His defense team had filed such a waiver in Miami County Municipal Court, which no longer has jurisdiction.
A hearing also was scheduled for Monday on a defense motion to restrict public access to court documents and to issue a gag order pertaining to attorneys, law enforcement and witnesses in the case.
“The dissemination of video discovery, police reports and any other evidence to the public and the press greatly jeopardizes Mr. Flynn’s Constitutional right to a fair trial,” stated the motion filed March 18. “Evidence intended to be shown to an unbiased jury at trial has already been released to the public and shared online garnering thousands of views and comments. Any further disclosure of evidence will substantially and materially prejudice the jury pool and any adjudicative proceedings.”
The document also alleges that the state violated Ohio law and Flynn’s constitutional rights because the state Public Records Act indicates that any portion of body-worn or dashboard camera recording may only be released if it will not be used in connection with a probable or pending criminal proceeding.
The prosecution filed a response to the motion on Friday, which asked the court to deny the defense motion.
“In asking for a gag order, the defendant is seeking to restrict the public’s access to our criminal justice system and prevent the speech of the press and citizens before it is given. This is commonly known as prior restraint. … The defendant carries a heavy burden of showing justification for the imposition of such a restraint. At this point, he has not met that burden," the document states.
The prosecution also states that the only police footage released is what is required by Ohio public records law. Also, it says the motion does not cite how or which of Flynn’s constitutional rights have been violated.
At Mulligan’s request, the hearing was continued to next Monday, when Pratt scheduled a status conference.
“During the pendency of that motion, we’ll ask the attorneys to continue the status quo with regard to nondisclosure, refraining from any disclosure of evidence in this case or talking about that until we have that issue resolved,” Pratt said.
Also during the April 6 status conference the defense counsel can revisit filing a time waiver, she said.
The case against Flynn has drawn national, and even international media coverage. At Monday’s hearing, there were representatives from two national media outlets, Fox News Digital and Law&Crime/Court TV. Due to the number of media requests, Pratt ordered a media pool so that representatives share footage and photos to manage space limitations.
Flynn is held on $3.5 million bond in the Miami County Jail, where he has been since his Feb. 19 arrest.
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