Privacy or Transparency? Cincinnati Police Withhold Officer Names in Shooting Citing Victim Rights Law

Cincinnati, Ohio — A confrontation in Cincinnati that could have escalated into a larger crisis was contained thanks to the quick action of local police, authorities said. Officers were confronted by an armed man who, after allegedly stabbing a woman in Westwood, led police on a chase that culminated near Cincinnati’s famed Music Hall.

Under Ohio’s newly implemented Marsy’s Law, the Cincinnati Police Department has opted not to release the names of the officers involved in the fatal shooting of the suspect, Juan Mack, on June 27. During the incident, Mack reportedly exited his vehicle with a weapon and failed to comply with commands to disarm, prompting police to shoot him, Cincinnati Police Chief Teresa Theetge reported.

Theetge praised the officers for their bravery and the preventive measures they took to avert what she described as a potentially catastrophic incident. The timing was notably precarious, occurring just minutes before the opera “La Traviata” was set to begin at Music Hall, potentially putting many civilians at risk.

In response to the incident, both an internal investigation by the department and an inquiry by the Citizen Complaint Authority have been initiated, as announced by Cincinnati Mayor Aftab Pureval. These steps aim to fully assess the actions taken during the event.

This event has reignited the debate around Marsy’s Law, initially passed to protect the privacy and rights of crime victims. The law has been contentious, with advocates for open records concerned about its implications for transparency and accountability in law enforcement.

Previously, it was common practice for police departments to disclose the names of officers involved in such shootings. Critics argue that withholding such information could obscure whether officers with a history of complaints are involved in disproportionate numbers of violent encounters.

Ohio is not alone in this debate. Other states, including Kentucky, have enacted similar laws with varying interpretations by the courts. For example, last November, the Supreme Court in Florida ruled that the law could not be used to shield the identities of officers using deadly force in the line of duty.

The withholding of officers’ names following fatal shootings has faced legal challenges elsewhere. Notably, the Columbus Division of Police has come under scrutiny after the Columbus Dispatch appealed to the Ohio Supreme Court for access to body camera footage and officer identities after a fatal shooting last July.

Transparency advocates maintain that the public has a rightful interest in knowing who is involved in using lethal force and their service records. They argue that without such transparency, maintaining public trust and holding law enforcement accountable becomes challenging.

While some localities, like Canton, have released officer names when pushed, many see the law’s flexible interpretation as a potential obstacle to public accountability. Concerns remain regarding whether Marsy’s Law, while well-intentioned in protecting victims, may be overextended to shield public servants, contrary to the principles of open government.

The implications of Marsy’s Law on police transparency and accountability will likely continue to prompt legal debates and possibly legislative review as communities across Ohio and other states grapple with finding the right balance between protecting victims’ rights and ensuring police transparency.