Ashley Flynn case: Husband’s Constitutional rights violated, defense says

Credit: Video Editor: David Sherman | Footage provided by Tipp City Police

The defense team in a murder case involving a beloved Tipp City mother, coach and educator is again asking a judge to issue a gag order and to block public access to court documents, saying the accused’s Constitutional rights have been violated.

Caleb Flynn, 39, was indicted on one count of aggravated murder, three counts of murder, two counts of felonious assault, three counts of tampering with evidence and two misdemeanor counts of intimidation of an attorney, victim or witness in a criminal case.

His wife, Ashley Flynn, 37, was shot and killed early Feb. 16 at the couple’s Cunningham Court home. The homicide initially was reported by Flynn as a home invasion and shooting, according to 911 records.

Credit: DaytonDailyNews

Caleb Flynn’s bond was increased from $2 million to $3.5 million during his Thursday arraignment in Miami County Common Pleas Court.

The case has received heightened publicity on a national, and even international level.

Flynn, a former worship pastor, is represented by Dayton attorney L. Patrick Mulligan of Moermond & Mulligan.

“Mr. Flynn moves this court for an order prohibiting all parties, witnesses, law enforcement and attorneys from disseminating any police reports, video, audio recordings, lab reports, photos, written statements or any other evidence or discovery to the press or public until this case has been fully adjudicated,” a motion filed recently states.

The document also alleges that the state violated Ohio statute and Flynn’s Constitutional rights because the state Public Records Act indicates that any portion of body-worn or dashboard camera recording may only be released if it will not be used in connection with a probable or pending criminal proceeding.

“The dissemination of video discovery, police reports, and any other evidence to the public and the press greatly jeopardizes Mr. Flynn’s Constitutional right to a fair trial. Evidence intended to be shown to an unbiased jury at trial has already been released to the public and shared online garnering thousands of views and comments,” the motion states. “Any further disclosure of evidence will substantially and materially prejudice the jury pool and any adjudicative proceedings.”

The prosecution has not yet responded to the motion filed Wednesday. However, it requested the court deny a similar motion filed March 3 in Miami County Municipal Court, which no longer has jurisdiction over the case.

Credit: Courtesy Tipp City Police

The response stated that open access to court records is a valued public policy in Ohio.

“In order to restrict public access to court files, there must be clear and convincing evidence of the need. … The defendant has not set forth any assertions or evidence as to the basis for the court to restrict public access."

Gag orders and restricted court access to documents in high-profile cases are common. They are often seen as a protection against unfair trials, but can also create an appearance of secrecy.

Ashley Flynn

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Ashley Flynn coached seventh-grade girls volleyball at Tippecanoe Middle School and worked as a substitute teacher for Tipp City Schools. She also worked as a teacher for LifeWise Academy in Tipp City, a nonprofit that provides weekly Bible-based lessons to public school students off campus. The Tippecanoe High School graduate also formerly worked as a teacher for Tipp City Schools.

Caleb Flynn is a former worship pastor and “American Idol” contestant.

The couple were parents to two elementary-aged daughters.

Caleb Flynn is next due in court March 30 for a pretrial hearing before Miami County Common Pleas Judge Jeannine Pratt.

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