Lorain man files court action seeking release of video from county Justice Center

A Lorain man is asking a Common Pleas Court judge to settle a dispute over a video recording he has sought for months that he claims will show him being illegally detained last year at the Lorain County Justice Center last year. Aaron Knapp on Tuesday filed a 234-page writ of mandamus in Common Pleas Court. He did so pro se, or without an attorney. A mandamus action can be filed to force an official to do their legally mandated duties. Knapp's filing seeks to force commissioners David Moore and Jeff Riddell, both Republicans, and Assistant Lorain County Prosecutor Dan Petticord, the commissioners' legal counsel, to release to him a video recording taken last year inside the Lorain County Justice Center in Elyria. Knapp is seeking not only a court order to provide him the video, but civil penalties of $1,000 for each violation of open records law up to a maximum of $10,000. As of Tuesday, Knapp's mandamus action was assigned to Judge Chris Cook's courtroom, according to court records. Knapp has requested the video multiple times, alleging that it shows him being detained and mistreated by county employees on Nov. 3, 2023 in an alleged violation of his civil rights. He received several of the videos he has requested from that day, but Petticord denied him a third by claiming an exemption from Ohio open records law. Petticord said the video Knapp hasn't received is a security record that if released, could reveal courthouse security protocols and endanger those in the building. He said that decision was made in consultation with the Lorain County Sheriff's Office. Having received Knapp's filing on Tuesday, Petticord referred a Chronicle-Telegram reporter to comments he provided for a Sept. 26 story in which he gave his reasons for denying Knapp's request. "If a court says no, it's not a security record, then (Knapp) can have it. That's the process," Petticord said at the time. Moore said Tuesday he hadn't seen Knapp's filing. "That's a sheriff and prosecutor issue," he said in a text message. Riddell, who has backed Petticord's decision, said Tuesday he hadn't seen a copy of Knapp's filing and needed to do so before commenting. Commissioner Michelle Hung, a Republican, is not named in the mandamus action. She has criticized Petticord's decision not to release the video to Knapp. "My opinion as one of three commissioners is that the video be released, with the precaution of blurred out security protocols," Hung said last month. Petticord is running to replace Judge James Miraldi on the Common Pleas Court bench. His opponent is Giovanna Scaletta-Bremke. Miraldi may not run for reelection due to judicial age limits. The term of office is six years. The first 13 pages of Tuesday's 234-page filing are Knapp's complaint, allegations and requests for a court ruling on the matter. The next 221 pages are attached exhibits, including entire strings of emails Knapp has exchanged with Riddell, Petticord, Hung and others in county government. A social worker and therapist, Knapp has sent a multitude of emails in recent months to county officials over the issue. The emails show he has been threatening to take the county to court over his request since Nov. 3, 2023, the date he was allegedly "forced out of the prosecutors lobby" on the third floor of the justice center, he wrote Petticord and Prosecutor's Office staff on that date. Knapp wrote that he has made multiple records requests this year from Moore and Riddell through Petticord. He wrote that a prior request filed with the Ohio Court of Claims, which handles public records disputes brought by citizens, was denied because he served the wrong defendants. In Tuesday's filing, Knapp argued that Petticord's reliance on the security records exemption wasn't appropriate. The video in question "relates to an area behind the court security station," Knapp wrote, an area "open to the public, fully visible, and (that) can be observed by the public from all angles." "Since requesting these public records Knapp has gone to the courthouse and filmed said station, the deputy, and every publicly accessible area of the court. Case law would state that you cannot trespass the eyes," Knapp wrote. He wrote that case law allows "and even requires the government to redact its video records" if there is exempt material in them. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.