By Susan Zake

City of Akron prosecutors sought to prevent Signal Akron reporter Doug Brown from further reporting on a violent arrest made by an Akron police officer and the subsequent prosecution of a woman by the city. 

On April 17, according to documents filed in the Akron Municipal Court, Akron prosecutors named Brown to the state’s witness list for the upcoming trial of Dierra Fields, who was body slammed and arrested by an Akron police officer in January. 

Her defense attorney, Imokhai Okolo, said he believes she is facing charges of resisting arrest and obstruction of official business for the sole reason that the city law department wants to avoid a potential civil lawsuit. Brown was the only person who is not an employee of the Akron Police Department on the state’s original witness list.

By naming Brown as a witness in the case and seeking to bar witnesses from publicly commenting, the City of Akron effectively sought to prevent Signal Akron from having Brown continue to report on its actions. The original witness list was filed by Assistant City Prosecutor Lisa Bradley. The motion to restrict public comment was filed by City of Akron Law Director Deborah Matz, Chief Prosecutor Craig Morgan, and Bradley. 

On Monday, shortly after obtaining the documents showing Brown on the witness list and the prosecutor’s proposed gag order that included witnesses, Signal Akron sought comment from Mayor Shammas Malik’s office for this story. On Tuesday morning, prosecutors filed an amended witness list, removing Brown’s name from the document.

Malik issued a statement to Signal Akron:

“This morning, the Prosecutor’s office filed a new witness list which does not include Signal Akron reporter Doug Brown. My administration aims to be as transparent with the media as possible and has specifically shared extended body camera footage with Signal Akron as well as providing comment on the use of force in question. We continue to prioritize communication and transparency as core values.”

Andrew Geronimo, director of the First Amendment Clinic at the Case Western Reserve University School of Law, said the prosecutor’s attempt to bar Signal Akron from reporting on the case was unconstitutional. 

“Orders prohibiting speech are classic examples of ‘prior restraints’ — these orders are presumptively unconstitutional and need the highest justifications to be valid,” Geronimo said. “These orders are especially troubling when they seek to prohibit speech from journalists covering a matter of public concern.”

Fields is scheduled to go to trial on April 25, though her defense attorney, Imokhai Okolo, filed a motion last week to delay the trial so he can review more evidence. The city’s independent police auditor, Anthony Finnell, issued a report that stated the force used against Fields was “not objectively reasonable” and there was no probable cause to arrest her for the two charges she’s facing. 

Signal Akron first published a story about Fields on April 12, detailing how Officer Thomas Shoemaker body slammed the 24-year-old woman before arresting her for resisting arrest. Prosecutors then added an obstructing official business charge after Okolo said Fields rejected a plea deal.

Signal Akron’s April 12 story reported what Okolo said were deals offered by the prosecutor’s office to get Fields to plead to lesser charges, which would have reduced her potential criminal punishment. It could also reduce the chance she would be successful in a potential civil lawsuit. Signal Akron also reported that Okolo said prosecutors offered to drop charges against Fields if she agreed not to sue.

On April 17, referencing the Signal Akron story, prosecutors filed a “motion in limine,” or motion to limit, to keep Okolo from talking at trial about “any testimony regarding any past plea negotiations and any discussions of any possible civil suits, waivers, or any comparable testimony.”

Signal Akron also reported that Shoemaker previously was caught on video repeatedly punching activist Michael Harris in the face and that the sergeant who cleared Shoemaker of any wrongdoing in the department’s internal use of force review, Sgt. Jason Belacic, previously faced a federal excessive force lawsuit. 

On April 16, again referencing the Signal Akron story, prosecutors filed a second motion to restrict Okolo from “introducing into evidence or eliciting any testimony regarding any past use of force” during Fields’ trial because it “would solely be used to enflame the jury.”

According to a document filed by Okolo on April 18, he “intends to raise an affirmative defense of excessive or unnecessary force at trial.” 

Okolo, as the defense attorney, is also included in the prosecutor’s motion to restrict public comment filed after Signal Akron’s story was published. Judge Jerry Larson has not yet weighed in on the prosecutors’ motions.

Editor’s note: Doug Brown’s prior reporting on the Dierra Fields’ case and the independent police auditor’s report filed was used in this story.