Commissioner Michelle Hung, Assistant Prosecutor Dan Petticord spar over releasing security video in ongoing public records dispute

Lorain County Commissioner Michelle Hung is criticizing her board's own attorney over a decision to refuse to release a video taken inside the Lorain County Justice Center to a Lorain man who has asked for it. For months, Aaron Knapp has requested video footage taken inside the Justice Center in Elyria that he has alleged shows him being illegally detained and mistreated by county employees when he was "forced out" of the Prosecutor's Office lobby on Nov. 3, 2023. A social worker and therapist, Knapp has been denied by Assistant Lorain County Prosecutor Dan Petticord at least one video he said will support his claim. Knapp also has threatened to take the case to the Ohio Court of Claims, which settles public records disputes. Legal counsel to the Board of Commissioners, Petticord said the video in question is a security record that if released could endanger courthouse security. Some video was withheld "because it shows the sheriff's control station in the courthouse lobby, which the Sheriff advises discloses security and safety procedures," Petticord wrote in a series of emails discussing the matter, which were reviewed by The Chronicle-Telegram. He wrote that Knapp has been informed of the decision "several times," but continues to make requests. "The decision to withhold that particular video under (Ohio public records law) is a legal judgment made by this office after consultation with the sheriff's office," Petticord wrote in an email dated Sept. 5. Petticord wrote in an Aug. 21 email that Knapp was given two videos he requested "months ago," but was denied a third over security concerns. He said he preferred to err on the side of caution because of the harm of mistakenly releasing the video and giving up sheriff's office security protocols. "We pulled the video that we're saying is a security record and it's retained in our office," Petticord said. "If a court says no, it's not a security record, then (Knapp) can have it. That's the process."Criticizing Petticord's decision, Hung said the video should be released. "My opinion as one of three commissioners is that the video be released, with the precaution of blurred out security protocols," Hung wrote in a statement to The Chronicle. Knapp said Wednesday that "this matter should have been brought to the commissioners sooner." "I'm happy to go to court but I already went once and was turned down because I didn't have a 'no' from the county commissioners. That cost me money," he wrote in an email. "The law requires they provide it and blur anything sensitive." Knapp wrote that the county is violating state public records law, or "sunshine law." "As a county constituent it's their responsibility to address my concerns," Knapp wrote. "This has gone on too long." Commissioner Jeff Riddell, a Republican, supported Petticord's decision not to release the video. Policy is to process the request through the Prosecutor's Office "especially when litigation is threatened or expected so our counsel knows exactly what was provided," Riddell wrote in a text message. Riddell wrote that Petticord's response "IS OUR response," he wrote, capitalizing the words for emphasis. "Just because someone wants something does not make it right. Can't believe this is a story." Commissioner David Moore, also a Republican, had no comment. Hung wrote that she would not sign off on the Prosecutor's Office's decision "to suppress the release of a public record" because of the controversy of Prosecutor J.D. Tomlinson doing so for nearly a year. That instance involved requests for documents related to a $100,000 settlement he paid his former girlfriend and employee, Jennifer Battistelli. What Hung referred to was an Equal Employment Opportunity Commission complaint Battistelli created but did not file while negotiating a settlement with Tomlinson's office. It was hidden until Sept. 10 when a judge ordered it released. Petticord said he was not involved in the decision to withhold the Battistelli document. Tomlinson was represented by outside counsel during that process, first by the Avon law firm of Wickens Herzer Panza then by the Cleveland law firm Meyers, Roman, Friedberg & Lewis. Petticord is running for Common Pleas judge in November. Attorney Giovanna Scaletta-Bremke is his opponent. The general election for judges is nonpartisan. The candidates are seeking to replace Judge James Miraldi, who can't run for office again due to judicial age limits. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.