Sensitive records in the Blue River murder case remain sealed by order of a judge at the request of the suspect’s attorney.
Defense attorneys for Daniel Devito, 46, believe those records will compromise their case if the media gets a hold of them.
For seven weeks now Devito’s arrest affidavit has been sealed to the public, including the family of his alleged victim, Jordan Labarre. The affidavit describes in detail what authorities found the night of July 7, when the 32-year-old bartender was found dead of a gunshot wound to the head in Devito’s Blue River home.
Devito’s attorney, Rachel Oliver, is also nervous about media attention for an upcoming preliminary hearing, where some witnesses will take the stand. She requested that hearing be closed to the public. It is scheduled for Oct. 20 and Oct. 21.
“We are certainly not trying to be obstructionist,” Oliver said in Summit County court today. “But we do have concerns about Mr. Devito’s right to a fair trial.”
Devito has not made a plea in this case or a related case from three days before Labarre’s slaying, when he allegedly tortured a different woman by tying her down and slicing her chest, before threatening to kill her if she went to police.
Family review
Oliver is willing to let three people read the July 7 arrest affidavit – Labarre’s parents and sister. If they do, she wants them to review the files in person with a victim advocate. She is worried that digital files might easily be shared with media.
“It seems like some information has (already) been leaked related to these cases,” Oliver said, noting the “general public should not have access” to them. She did not say what information was leaked, although district attorney Heidi McCollum suggested it came from a government agency.
Labarre’s parents and sister appeared in court this morning by video conference. Her mother wanted to say something but chose not to.
Also in court this morning was Devito, making his first public appearance since his release and subsequent arrest on murder charges. He spoke only in private to his attorneys.
For now, the July 7 arrest affidavit remains sealed. The October hearings remain open. Judge Reed Owens wants to make sure Oliver’s request does not violate open court laws.