Judge Rules Murder Case Documents Are Public

Thursday, 06/01/06

By MITCHELL KLINE
Staff Writer
The Tennessean

FRANKLIN — A Williamson County judge has ruled that documents filed in a murder case involving a former plastic surgeon accused in the overdose death of his girlfriend should be open to the public.

But minutes after Circuit Judge Jeff Bivins announced his decision Wednesday, he said the documents must remain sealed until the state's Criminal Court of Appeals rules on the matter. That could take months.

Attorneys representing The Tennessean, Channel 4 News and the family of the dead woman, Lesa Buchanan, asked Bivins to unseal more than 1,800 pages in the case against Dr. Christ P. Koulis.

The documents, including investigative summaries, interviews and medical records, were made public in February when a prosecutor filed them with the court. Bivins had placed a temporary seal on the pages after Koulis' attorney objected to the media having access to them.

Koulis has been charged with second-degree murder and reckless homicide in the July 4 death of Buchanan. He remains free on $250,000 bond and is living in Illinois. Prosecutors said state law allows them to charge someone with murder if they provide a person with illegal drugs and that person dies. Police have not said what drug or drugs Buchanan had taken.

Koulis' attorney, Lee Ofman, said he will appeal Bivins' ruling and hopes to keep nearly all state-filed documents from being viewed by the media. Ofman said allowing the media to view and report on evidence, interviews and investigative summaries could "taint" potential jurors and influence witnesses who could be called at trial.

"The release of these records could jeopardize my client's right to a fair trial," Ofman said.

Bivins said the "horse was out of the barn" when the documents were filed with the Williamson County Circuit Court Clerk's Office.

Assistant District Attorney General Kim Helper, lead prosecutor in the case, said she was following a long-standing policy when she filed the discovery documents. She said that policy might change.

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20060601/NEWS03/606010370/1017