Regarding the autopsy report debate:
This is what I *anticipate* happening (but of course I could be wrong)
FOIC has filed a motion disputing the prosecutor’s initial motion to seal the reports.
The motion states that the prosecutor was not the proper party to file, that the criminal action was not the proper forum for the request, and claims the court does not have jurisdiction. Before any determination is made regarding the appropriateness of the request to seal, the issues raised in the FOIC motion have to be addressed.
Because the FOIC motion was made within the criminal proceeding, I would anticipate the parties being given the opportunity to respond to the FOIC motion (regarding the issue of whether the prosecutor’s initial motion was properly made in the criminal proceeding, and whether the court has jurisdiction - *not* on the issue of whether the sealing itself is appropriate).
The court would then have to arrive at a decision as to where the motion is properly filed, and by whom. IMO, the parties could instead all agree (not sure they would, though) to stipulate that the criminal proceeding is not the proper place - rather than litigate that issue - in which case the custodian would refile the petition/motion to seal the records according to the usual statutory CORA process (separately from the criminal proceeding, and upon notice to anyone who has requested those records and who may wish to be heard on the matter).
After the petition is filed, the court would then schedule a hearing regarding the propriety of the custodian’s request to seal. I do not know for sure, but would *assume* that the CORA hearing would be public (or at least not closed), since transparency is the main issue involved in the first place - and the interested parties will have the opportunity to weigh in. Of course, the court will likely have to review certain things (autopsy report included) in camera in order to arrive at a decision on the matter.
Just my best guess at how it would play out... will be very interested to see how it goes.