O’Brien vs Tyack Ad Missing Important Context

The Franklin County Prosecuting Attorney is up for election in 2020, with incumbent Ron O’Brien facing challenger Gary Tyack. Both candidates have decades of legal experience.

Both campaigns are currently running TV ads. Tyack’s ad presents himself based on his experience and as the Democrat running for the position, whereas O’Brien’s ad challenges a particular court decision made by Tyack in 2017.

That case involved former school teacher Lawrence Dibble who had secretly recorded girls undressing in a locker room, a reprehensible violation against minors. The recordings were found at his home. Dibble had served 3 years of a 4 year sentence for it.

O’Brien’s ad leaves out important context that must be considered when evaluating the situation. At issue was whether the warrant used to search Dibble’s residence was lawfully obtained. The Fourth Amendment of the U.S. Constitution protects “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Even if evidence of a crime is found, if it was found by unlawful search, then it is not allowed in court.

Also relevant was that an 18 year old woman who had a consenting relationship with Dibble may have been incorrectly referred to as a “victim” in the affidavit.

The 2017 decision involving Judge Tyack was not a judgement of Dibble’s crime, but whether or not the search warrant was lawfully obtained. The decision by Judge J. Brunner that Tyack agreed with reads:

“The affidavit the police relied on to search Dibble’s house provided information about consensual nude photographs Dibble took of one young adult woman who graduated from the school where he was employed as a teacher… An affidavit that describes criminal offensive touching of another woman, a student at the school where Dibble taught, but describes no further activity involving Dibble’s home does not support the search of his house. As such, the affidavit objectively produces no set of facts that a reasonable law enforcement officer could in good faith rely on to search a house.”

Ron O’Brien took a different position, stating “It’s important from our standpoint for the convictions to be upheld and (Dibble) to serve the 10-month balance of his sentence.” Judge Sadler disagreed with the decision as well. In 2020, the judgment was reversed, which you can read in depth here.

You can read more about the 2017 court decision from the reporting done by the Columbus Dispatch. The Dispatch also provides additional information about the candidates for Prosecutor.

UPDATE: The Columbus Dispatch calls O’Brien’s ad “misleading”.

11/4/20 UPDATE: Tyack wins election over O’Brien for Prosecutor