DENNIS WATKINS. Frumbull Canty Prosecuting Mersey 4 FLOOR ADMINISTRATION BUILDING 160 HIGH STREET NW. WARREN, OHIO 44481-1092 PHONE: 330-675-2426 + FAX: 390-675-2431 Ema: Prosecutor@cotrumbulloh.us FINAL NEWS RELEASE GRAND JURY PROCESS JANUARY 11, 2024 On September 22, 2023, a Warren City Police Department investigation was begun after it was notified by a local hospital about a case involving a pregnant woman named Brittany Watts. She had previously been treated for pregnancy and had returned to the hospital for treatment, but she was no longer carrying the unborn fetus of some 22 weeks. She had apparently suffered a miscarriage. The police, based on the information received, began a search to find the fetus and to determine its condition and whether it was born alive. The remains of her pregnancy were found, and an autopsy was conducted by a board certified, forensic pathologist. On October 4, 2023, a felony charge of abuse of a corpse was filed by the Warren Police Department upon the advice of the Warren City Prosecutor's Office. Brittany Watts, represented by counsel, pled not guilty and was released on a personal bond and signed a time waiver regarding the proceedings against her. On November 2, 2023, a preliminary hearing was conducted before a Warren Municipal Court judge. The city prosecutor argued for the criminal case to be bound over to the Trumbull County Grand Jury, which by Ohio law requires a jury of Trumbull County citizens to determine independently whether the accused should be indicted and stand trial. The municipal court found at the hearing “having heard the testimony, evidence, and arguments, it appears to the Court that the offense charged has been committed, and there is probable cause to believe the accused guilty.” It subsequently bound this case over to the grand jury. Atal times from September 22, 2023, to November 2, 2023, the Trumbull County Prosecutor's Office had no involvement with the case. It never assessed the evidence or advised as to charging Brittany Watts. This is routine procedure since the Warren Municipal Court officials and Trumbull County officials work independently of each other in performing their statutory duties. Thereafter, the bindover papers of this criminal case were sent to the Trumbull County Clerk of Court, whose staff processed the case on or about November 14, 2023, and delivered it to the Trumbull County Prosecutor's Office. Attorney Diane Barber, Chief of the Child Assault Division, with 25 years of experience was assigned the case. As normal in all grand jury bindover cases, the assigned prosecutor meets with the leadDENNIS WATKINS Frambull County Pesecuting sllerney Page 2 police officer who charged the accused and assesses the case and determines what witnesses will be needed to testify before the grand jury. This was done on November 30, 2023. Because there was a preliminary hearing held in this case, Assistant Prosecutor Barber felt it was necessary to obtain a transcript of the preliminary hearing to evaluate the evidence given by way of witnesses by both the prosecution and defense which led the municipal judge to the factual and legal conclusion that the crime charged was committed. Assistant Prosecutor Barber received a transcript of those proceedings on January 2, 2024. Additionally, she talked to all the witnesses personally and determined which individuals would be needed to testify before the grand jury, which by law is a secret or closed proceeding. She also contacted defense counsel providing her the opportunity to present evidence including having the accused appear before the Grand Jury and provide testimony. Furthermore, the city prosecutor was contacted offering him the opportunity to provide us any law he had to support charges. After hearing each case, the grand jury determines whether or not to return an indictment on the felony charges made in the municipal complaint. This process includes the legal advice of the county prosecutor handling the case before the grand jury. Though grand jurors cannot be directed how to vote in any particular way by the prosecutor, they can be advised whether the facts alleged by the police are sufficient to prove a crime. In fact, under the Ohio Code Professional Responsibility Rule 3.8; Special Responsibilities of a Prosecutor it states: The prosecutor in a criminal case shall not do any of the following: (a) Pursue or prosecute a charge that the prosecutor knows is not supported by probable cause. (This would also include the pursuit or prosecution of unsupported charges in grand jury proceedings). This office, including Assistant Prosecutor Barber, as ministers of justice and after a careful evaluation of both sides’ positions, interviewing witnesses, and researching and applying the law, believe that Brittany Watts, did not violate the Ohio Criminal Statue of Abuse of a Corpse as alleged in the complaint. We respectfully disagree with the lower court's application of the law. It is emphasized that this release involves our gathering of information from interviews, public records, and materials obtained by us outside of grand jury proceedings which are secret. Thereupon the Trumbull County Grand Jury voted on January 11, 2024, and returned a no bill and so reported its dismissal of the case in its special report dated January 11, 2024 It is noted that grand juries during my tenure in office have, on occasion, declined to return indictments on individuals charged with murder and other felony offenses in complaints by police in municipal courts when they, in their independent judgment, findDENNIS WATKINS. Frursball County Prosecuting olderney Page 3 that the evidence is insufficient to find probable cause to indict. Historically in Ohio, the grand jury, as constitutionally required, was designed to be a barrier against unjust prosecutions. For more than two centuries, judges of the common pleas court in Ohio instruct jurors that “[a}fter an honest and impartial examination, you should return an indictment only against those whom you find are probably guilty of the commission of a crime." 2-OJI-CR 301.07. For the reasons stated above, myself, Assistant Prosecutor Barber and other staff involved in assessing and handling this matter before a duly impaneled grand jury, as always, did our due diligence as ministers of justice allowing the Ohio criminal justice to do its job and make a decision through faimess and due process of law. This office is proud to serve the common pleas court and work with the citizens of Trumbull County who serve on grand juries throughout the years to shield innocent persons and prosecute the guilty. As the Supreme Court of Ohio once said” The grand jury serves as a shield against official tyranny, malicious prosecutions, and ill-advised, expensive trials.” State v. Grewell (Ohio S. Ct. 1989). Lastly, this took office some criticism and vicious personal attacks by the few who didn't understand that a reasonable amount of time was needed to do our duties and misreported that we were seeking an indictment in this case. Furthermore, | will always defend their right of freedom of speech even when they are wrong. However, in order for our criminal justice system to work as designed, we should understand that there are two sides, and both are entitled to be heard and have appropriate due process of law through the court system with civility and mutual respect. Sincerely, AG pn Ulithr ree DENNIS WATKINS, Trumbull County Prosecuting Attorney