MIAMI COUNTY — A Miami County judge issued a separation of witnesses order ahead of Caleb Flynn’s murder trial.
Separation of witnesses means that witnesses cannot come into the courtroom during the trial before they’re called to testify, nor can they follow any coverage of the trial prior to their testimony, and they cannot share details of their testimony with other witnesses who haven’t yet taken the stand.
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News Center 7’s John Bedell will have full details at 5 p.m.
Usually, each side - the defense and prosecution - is allowed one exception to that rule. The defense and prosecution are each able to designate one person who is allowed to be in the courtroom for the entire trial — even before their testimony as a witness.
The judge wrote in her court order that the restrictions she has placed on witnesses will be for the entirety of the trial or until the court releases them.
In the court document filed Tuesday morning, Miami County Common Pleas Court Judge Jeannine Pratt said the end of a witness’s testimony does not mean they are officially released from her order. She says the court will have to release them from the terms of the order.
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At one point, Judge Pratt wrote:
These restrictions remain in effect until the witness is expressly released from this Order by the Court or until the conclusion of the evidentiary phase of trial. Completion of a witness’s testimony does not, by itself, release that witness from this Order.
The ruling filed Tuesday morning does not address whether the court will allow prosecutors to expand the separation of witness exception to four people instead of just one for the Flynn trial. On Monday, prosecutors told the judge they wanted Ashley Flynn’s father to be their one exception — but also wanted that list expanded to include Ashley’s mother, sister, and brother-in-law.
All four of those adults from Ashley Flynn’s family are expected to testify during the trial. Miami County prosecutors want all four of them to be able to be in the courtroom for the entire trial — even before their testimony.
The defense disagreed with that argument in court Monday afternoon saying more than one exception is not laid out in the statute and they only want Ashley Flynn’s father to be the one exception.
Judge Pratt wrote in her filing Tuesday morning that she will make a decision on those arguments in another ruling.
WHIO will continue to check court records for that separate ruling.
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