Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
February 25, 2000
Ohio Disciplinary R. 7-107, William D. Mason, press conference, sanctions, settlement agreement, defendant's filings
Estate’s motion for sanctions against William D. Mason for violation of Disciplinary Rule 7-107, which provides in pertinent part that “A lawyer who is participating. . . in. . . a matter shall not make an extra judicial statement that a reasonable person would expect to be disseminated. . . if the lawyer knows or. . . should know. . . will. . . materially prejudice an adjudicated procedure.” The Estate alleged that Prosecutor Mason violated D.R. 7-107 in a press conference interview on February 22, 2000, which resulted in the following Plain Dealer headline: “Sheppard Sought $3.25 Million, Mason Says.” The Estate argued that Mason improperly and inaccurately revealed details of a failed settlement agreement between the parties and that this could have had a prejudicial effect on the jury, which in fact caused the court to voir dire all eleven jurists, one of which actually saw the headline.
Gilbert, Terry H. and Friedman, Gordon S., "Plaintiff Estate's Motion for Sanctions Against Cuyahoga County Prosecutor William D. Mason" (2000). 1995-2002 Court Filings. 148.