A judge has granted a request by prosecutors and lawyers for a man accused of killing a 5-year-old boy last year to keep secret Indiana Department of Child Services records that include details about the child's alleged abuse.
A hearing is scheduled Tuesday on a request by the lawyers for a gag order that would prohibit “any party, including DCS from releasing any information or opinions regarding matters pertaining to the” case.
Daniel Pope, 29, also known as Danial Pope, is charged with murder and aggravated battery in the death in March of Benjamyn Otto McKinley Frederick. Defense attorneys and Allen County Prosecutor Karen Richards argue in court documents releasing DCS records “risks substantially prejudicing both the state and the defendant's right to a fair trial” and would prejudice potential jurors.
Allen Superior Court Judge Fran Gull on Friday granted a motion to exclude the records from public access.