Cincinnati, Ohio – Greater Cincinnati resident Eugene J. Utz is urging the release of records in the misdemeanor case against Alexander Tchervinski, demanding that the information be made public.
Cincinnati police charged Tchervinski—one of at least three people seriously injured—with disorderly conduct more than three weeks after the July 26 altercation at Fourth and Elm streets Downtown.
Despite the case being filed on Aug. 19, nearly three weeks ago, Cincinnati police, the city prosecutor’s office, and the Hamilton County Clerk of Courts have not released a single record.
Attorneys Curt Hartman and Chris Finney filed the lawsuit on Utz’s behalf Thursday afternoon.
They are asking the Ohio Supreme Court to order Clerk of Courts Pavan Parikh “to allow the prompt inspection and to provide copies of all” court records related to the case, according to the legal filing.
The Cincinnati city prosecutor is requesting that a judge seal the records, citing a victim’s privacy law.
Marsy’s Law, also called the Ohio Crime Victim’s Bill of Rights, safeguards the rights and privacy of crime victims.
A city spokeswoman recently told MIP News:
“In an effort to comply with Marsy’s Law, the City filed a motion with the court to have the court weigh in on what should be made public and what should not.”
A hearing is set for 9 a.m. Monday.
When MIP News requested the records from the clerk’s office, Chief Compliance Officer Susan Ayers responded with the following statement:
“The prosecuting attorney’s office in this matter filed a motion to restrict all documents from public access. We are waiting for the Judge to rule on that motion.”
According to a 1986 Ohio Supreme Court ruling cited in the lawsuit, the records should be available now. The public has the right to access any court record “unrestricted until a decision is made to seal.”
Clerk of Courts Puts Politics Above Law: Hartman
In a statement Thursday night to FOX19 NOW, Parikh said:
“On August 21, the City Solicitor’s office filed a motion to restrict public access to all case documents in case 25CRB14476. The municipal court set the case for a hearing on the motion on September 8, 2025.
“After receiving requests for case documents, the Clerk of Courts office consulted with the Hamilton County Prosecutor’s office and is holding any response to requests for court documents in the case until the court rules on the motion.”
Hartman said this situation highlights what he sees as a clear pattern of Parikh putting politics above the law.
“Once again, the clerk of courts has demonstrated his priority is using the public office to advance a partisan political agenda, as opposed to serving all the people of Hamilton County.
“Even though the Ohio Supreme Court has already declared that the public has a right of access to court records before, during, and after a criminal trial, the clerk of courts has become a law unto himself.”
Earlier this year, the Ohio Supreme Court ordered Parikh to restore thousands of eviction cases online and undo the illegal policy he created.
In 2022, without consulting or even informing the 14 county municipal court judges he serves, Parikh removed all eviction cases older than three years from the judgment date from the clerk’s website.
Parikh told the appeals court he did this to “prevent certain members of the public, being primarily employers and landlords, from potentially relying upon court documents in considering fulfilling employment, housing, and other potential opportunities to individuals.”
Victim’s Attorney Pushes for Records to Be Released
Tchervinski’s lawyer has filed a motion opposing the sealing of the records.
He has already publicly identified Tchervinski to FOX19 NOW and other media outlets and released photos showing his client’s bruised and cut face.
“I can’t explain why the city brings a charge and then wants to try to conceal it at the same time,” he said last week. “I think that this is something that needs to be aired to the public.”
He also said he has not been given any explanation from prosecutors regarding the basis for the disorderly conduct charge: “It’s not been explained to me by any prosecutor.”
Tchervinski, 45, who is White, is seen in viral video slapping a Black man who has since been arrested in connection with the assault.
His lawyer has pleaded not guilty on his behalf, saying his client acted in self-defense.
Viral videos show Tchervinski being punched, kicked, stomped on, and body slammed.
“I was hit in the head 28 times and robbed. Still kinda processing on how this victim-blaming has happened!” he told FOX19 NOW Anchor Tricia Macke the night he was charged.
Having to face this criminal charge now, Brannon said, revictimizes him all over again.
Detectives Refused to Sign Charge Against Victim
The Hamilton County prosecutor handling the felony cases against seven other suspects has stated in court that the slap occurred after someone had been beaten.
Cincinnati Police Chief Teresa Theetge emphasized from the start of the investigation: “Anyone—anyone—who put their hands on another individual during this incident in an attempt to cause harm will face consequences. I don’t care which side of the incident or the fight they were on,” she said during the department’s first news conference on the case on Monday, July 28.
Cincinnati Mayor Aftab Pureval has repeatedly said he wants to ensure fairness and that “anyone involved in perpetrating the violence should be charged.”
The night the charges were announced, he stated:
“We have been clear about the fact that anyone involved in perpetrating violence should be held accountable. This is another step toward achieving that, and I want to thank CPD and the prosecutors for their hard work as this process continues.”
However, when the city solicitor ordered police to sign the charge against Tchervinski, the two detectives who spent hundreds of hours investigating the melee refused, according to the police union president.
They refused despite the city solicitor’s insistence, even at the risk of demotion or losing their jobs, the union leader said.
Police Chief Theetge then declined to order the detectives to sign, Officer Ken Kober explained.
The detectives’ captain ultimately signed the charge, but only to protect the detectives under his command, Kober said.
“It’s inappropriate that the solicitor’s office has ordered the police department to sign charges despite what the investigation has uncovered with the guidance of the prosecutor’s office,” he said the night Tchervinski’s charge was announced.
“There’s no place for politics in policing.”
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