When a person is murdered, they aren’t the only victim. They often leave behind loved ones — mothers, fathers, children and siblings.
Sometimes these people are called co-victims.
“In addition to the individual lives taken, each act of homicide creates a blast radius that forever alters the fabric of their families,” the Ohio Victim Witness Association stated in a 2021 report.
When a case remains unsolved, the co-victims’ suffering is prolonged. Ohio law gives them the same rights to information and assistance as direct victims of violent crimes. Here is an overview of those rights. If you have questions not covered here, text them to 216-516-0885 or email hello@signalcleveland.org.
Who is considered a co-victim in Ohio?
Marsy’s Law, which Ohio voters approved in 2017, expanded the definition of crime victim to include any person who is “directly and proximately” harmed by a crime.
In a homicide case, “this typically includes a family member, someone with a close relationship to the victim, or a person who was present during the offense,” said Latina Bailey, senior attorney for the Ohio Crime Victim Justice Center (OCVJC).
What are co-victims’ rights?
All victims have the right to be treated with fairness and respect for their safety, dignity and privacy and the right to information about the status of the case.
Other rights come with options that can be specified on a victims’ rights request form. Those are the right to:
• Be notified of the arrest, escape or release of a suspect;
• Appoint a representative to communicate with law enforcement on your behalf;
• Keep your name and identifying details out of public records;
• Apply for compensation for financial losses related to the crime;
• Have an interpreter present at meetings.
Does a family have a right to view their loved one’s body at the medical examiner’s office?
This isn’t considered a right under Ohio law. Homicide victims are taken to the medical examiner’s office in Cuyahoga County. Dr. Thomas Gilson, the chief medical examiner, said his office generally doesn’t allow people to view a loved one on-site.
“Even if an identification is required, we usually do this by photographs, not direct viewing,” Gilson told Signal Cleveland. “We need to collect evidence from the body, and that requires minimal disturbance prior to examination by forensic personnel.”
That work is done as quickly as possible so that the body can be released to the funeral home of the family’s choice, where the staff is “better equipped to provide the service and support needed for the family.”
Can family members communicate with detectives during an investigation?
Yes. In Cleveland, family members should be invited to a meeting with detectives as soon as possible after a homicide as part of the Cleveland Division of Police’s Family First program.
During the meeting, detectives should provide their contact information, explain the investigative process and set expectations regarding communication and case progression, according to the division. The meeting is also designed to determine who in the family will be the primary contact with investigators “to ensure that sensitive information is managed appropriately throughout the investigation.”
Can Cleveland police accommodate family members who don’t speak English?
Yes, the division has access to a language bank, and some officers can assist with Spanish, Ukrainian, Arabic, American Sign Language and other languages.
What information can homicide detectives share?
That varies by case, according to a Cleveland police spokesman. But detectives generally limit the release of details.
The goal is to keep a family informed as much as possible without jeopardizing the investigation. Even seemingly minor information could potentially compromise a case. Detectives also consider that prematurely releasing information could impact the outcome of a case if it goes to court.
Will detectives contact families with updates?
If victims request it, Ohio law requires law enforcement to tell them of the arrest, release or escape of a suspect, as well as the suspect’s name, within a “reasonable time.” The law does not define reasonable.
Officers must also explain how to find or receive updates about the suspect’s status as the case moves through the legal system. All cases in the Cuyahoga County Court of Common Pleas can be searched online.
Anything beyond those basics is at the discretion of the detective.
“More than likely, law enforcement is not just going to call to say, ‘Nothing has changed’ or ‘We’re still investigating, no new leads,’” Bailey said.
What should a family member do if they find out information in the case?
Family members can report new information to the detective on the case when they receive it. If there is a concern about safety, let the detective know. If you are unsure who the current detective is on the case, call 216-623-5464.
How long is a homicide investigated?
There is no set time. Homicide cases remain open until they are solved, though that doesn’t mean a detective is actively working on a case.
Law enforcement agencies are required to inform identified victims if an investigation is being closed or re-opened, even if it’s years later. That’s why it’s important to inform investigators if your contact information changes, Bailey said.
What information about the investigation is public record?
The initial police report of a death is available as a public record. Other information is not public when an investigation is open or ongoing.
All public records requests are reviewed, and records are redacted as required by state law. As noted above, victims have the right to opt out of being named or otherwise identified in records that will be made public.
Can families have an advocate represent them?
Yes, that is a right that can be asserted on the victims’ rights request form.
What are family members’ rights if an arrest is made?
The prosecutor or a representative should provide:
• The name of the defendant.
• The name of the offense.
• The case file number.
• An explanation of upcoming procedures.
• A summary of the victim’s rights.
• A procedure to follow if the victim is threatened.
• The name and number of a contact for more information about the case.
• Notice of the victim’s right to representation.
• Notice of court proceedings or delays if the victim requests this information.
And per the Crime Victim Justice Center, victims also have the right to:
• Reasonable protection from the accused person or anyone acting on behalf of the accused.
• Refuse a request from the accused person’s attorney for an interview.
• Object if that attorney asks the court for access to your confidential information.
• To be present at all public proceedings and to bring someone with you.
• Tell the court your opinion in public proceedings involving release, plea, sentencing, and any other hearing that involves victims’ rights.
• Object to unreasonable delays in the legal process.
Can families get help to pay for funerals or other expenses?
Yes. The Ohio Crime Victim Compensation fund, run by the state Attorney General’s office, can cover a range of expenses including medical bills, counseling, lost wages, funerals and caring for the deceased person’s dependents. A more complete list can be found here. The program is a payer of last resort, meaning it will pay for things that medical or insurance policies don’t cover. It does not cover “pain and suffering” or stolen, damaged or lost property.
In the past, claims were turned away if the victim had a criminal background or was involved in a criminal offense when they were killed. Those rules were changed in 2022, so now families or children of any homicide victim can apply.
What can families do if their rights are not honored?
File a complaint with Cleveland’s Civilian Police Review Board.
In Cuyahoga County, victims can contact the Department of Public Safety & Justice Services, 216-443-7345, for a variety of services before and after someone has been charged with the crime.
The Ohio Crime Victim Justice Center can also investigate violations of victims’ rights. You can fill out the online request form here or call 614-848-8500.OCVJC also offers a comprehensive online toolkit and a database of resources for crime victims searchable by county.
