The case of a
former Miami University student who pleaded guilty to disorderly
conduct for posting a “Top Ten Ways to Get Away with Rape” flier in a
dormitory bathroom just keeps getting more controversial.
The controversy began Nov. 8, when Butler County Area 1 Court Judge Robert Lyons took the guilty plea and ordered all record of the case — including the defendant’s name — sealed from public view. The MU police chief says he is bound by Lyons’ order and can’t release the name. The Butler County Prosecuting Attorney’s office did not object to the sealing of the file.
The Cincinnati Enquirer entered the picture six days later. It sued Lyons in the Ohio Supreme Court, saying he sealed the file without giving the newspaper a chance to argue for public access. In his answer — filed by the Prosecuting Attorney’s office on Dec. 13 — Lyons stood by his actions. Furthermore, he wrote that “there was no plea” in the case.
Now we know where that came from. On that very same day, the case was back in Lyons court for reconsideration. This time, prosecutors agreed to drop the charge, and Lyons ruled it so. And, once again, he sealed the file, and no one present objected. The Enquirer reported on the dismissal Wednesday.
Prosecuting Attorney Mike Gmoser won’t say why he agreed to dropping the charge until the Supreme Court case is over. “Save that question, and I will give you a full and detailed statement,” he told CityBeat. “I don’t try cases in the press.”
Gmoser said he is asking the Supreme Court to dismiss the Enquirer’s suit because the issue at hand is “moot.”
After three nights of arrests, Occupy Cincinnati protesters Sunday night chose to leave Piatt Park at its 10 p.m. closing time and march on the sidewalks around the park. Eleven members were arrested Saturday night for staying on the square after a rally past the 3 a.m. time allowed by its permit. The group is still waiting for a federal judge to rule on whether or not Piatt Park's 10 p.m. closing time is a violation of the First Amendment.
Chicago Police arrested 130 Occupy Chicago protesters over the weekend, and the group plans to picket Mayor Rahm Emanuel's office in response. Protesters described harsh treatment by police, with some spending more than 24 hours in jail. The picketing at City Hall will reportedly include a nurse's union in response to two nurses and a union organizer being arrested while volunteering at Occupy Chicago.
In-person early voting is underway in Ohio. Find your nearest polling booth here.
Hurricane Sandy slammed the East Coast last night. At least 16 people are believed to have died from the storm, and as many as 7.5 million were left without power. Areas of New York and New Jersey also faced major flooding. It took until 4:30 a.m. for Sandy to go from hurricane to tropical storm.
The Anna Louise Inn will be in court at 9 a.m. today arguing in front of the First District Court of Appeals, which could overturn a May ruling and allow the Inn to move forward with its renovation. CityBeat will have online coverage for the hearing later today.
Hamilton County’s probation department is facing sexual harassment charges. The charges are coming from a county worker who said her promotion was denied due to her actions “for opposing discrimination and encouraging others to exercise their right to be free from acts of discrimination.”
The Coalition Opposed to Additional Spending and Taxes filed a lawsuit Friday in an attempt to reverse the August reworking of the Blue Ash airport deal. For COAST, the lawsuit is mostly to stall or stop the financing for the $110 million Cincinnati streetcar.
City Council will vote next week to decide whether the city should borrow $37 million to fund development projects and a portion of the Homeless to Homes program. But Homeless to Homes is generating some concern due to its requirement to move three shelters.
Three Cincinnati charity groups are coming together to help veterans with disabling injuries. The organizations will pool available resources to hopefully find jobs for veterans.
Mitt Romney is running a new ad against President Barack Obama in Ohio that says Chrysler is moving Jeep production to China. The ad, which Chrysler says is false, warranted a snarky response from the car company: “Despite clear and accurate reporting, the take has given birth to a number of stories making readers believe that Chrysler plans to shift all Jeep production to China from North America, and therefore idle assembly lines and U.S. workforce. It is a leap that would be difficult even for professional circus acrobats.” The Obama team also responded with its own ad. It is somewhat understandable Romney would be getting a bit desperate at this point in the race. Ohio is widely considered the most important swing state, but aggregate polling has Romney down 1.9 points in the state. Romney is up 0.9 points nationally.
State Republicans are refusing to pull an ad that accuses William O’Neill, Democratic candidate for the Ohio Supreme Court, of expressing “sympathy for rapists.” This is despite the fact that Justice Robert Cupp, O’Neill’s Republican opponent, has distanced himself from the ad. At this point, even the most nonpartisan, objectives watchers have to wonder why the Republican Party can’t keep rape out of its messaging. In comments aired first on Aug. 19, U.S. Senate candidate Todd Akin of Missouri said on pregnancy after rape, “If it's a legitimate rape, the female body has ways to try to shut that whole thing down.” On Oct. 23, Richard Mourdock, the Senate candidate for Indiana, said, “I struggled with it myself for a long time, but I came to realize that life is that gift from God. And, I think, even when life begins in that horrible situation of rape, that it is something that God intended to happen.”
Ohio is getting closer to the health exchange deadline with no plan in sight. Obamacare asks states to take up health exchanges that act as competitive markets for different health insurance plans. States are allowed to either accept, let the federal government run the exchanges or take a hybrid approach. As part of the health exchanges, the federal government will also sponsor a heavily regulated nonprofit plan that sounds fairly similar to the public option liberals originally wanted in Obamacare.
Meanwhile, Ohio and other states still haven’t decided whether they will be expanding their Medicaid programs. In the past, state officials have cited costs as a big hurdle, but one study from Arkansas found Medicaid expansions actually saved money by reducing the amount of uncompensated care. Some states that expanded Medicaid also found health improvements afterward.
An inspector at the Ohio Department of Education (ODE) was caught not doing her job. The inspector was supposed to do 128 site visits for in-person safety inspections, but she apparently never showed up to some of the schools and filed fraudulent reports.
Peter Cremer North America could add 50 jobs in Cincinnati over three years in an expansion.
A San Francisco firm bought a major stake in Cincinnati Bell.
A federal appeals court yesterday reinstated an antitrust lawsuit against Duke Energy. The lawsuit accuses Duke of paying kickbacks to local companies in order to gain support for a 2004 electric rate increase. The lawsuit alleges that Duke appeased the more powerful opposing companies by including rebate deals for them. The suit is seeking unspecified damages and seeks to represent all Ohioans affected by the rate increase.
Todd Portune is continuing his quest to become the East Side's county's property tax rebate savior, yesterday offering a new idea to bail out the stadium fund: extend the half cent sales tax past 2032. The revenue created by extending the sales tax, which has no sunset clause, would repay loans the county could use to pay for maintenance and projects at the stadiums now. Republican Commissioner Chris Monzel is open to “any ideas,” though Democratic Commissioner Greg Hartmann says otherwise:
“Todd, here we go again,” snapped Commissioner Greg Hartmann. “Walking away from these leases is just fantasyland.
“How many times are we going to do this?” he asked.
Rob Portman will test out his GOP rallying cries at the Faith & Freedom Coalition in Washington, D.C. next week.
Bill Clinton says a Mitt Romney presidency would be “calamitous” for the U.S.
The Senate will vote on a gender pay equity bill today.
China and Russia say they'll help the UN more going forward, though they've been supporting Syria more than anyone really wants them to.
Here's an explanation of the Transit of Venus, for those who don't get it yet.
Nintendo has revamped its Wii to try to lure gamers from free Internet games they play on iPads.
A new PC virus can infect computers by imitating a Windows update.
Occupy Cincinnati protesters lined up for more citations last night at Piatt Park, with more than 20 occupiers receiving tickets while more protesters stood outside the park, protesting in un-ticketable fashion. There are now about 15 tents in the park.
Authorities in Boston arrested approximately 100 Occupy Boston protesters around 1 a.m. this morning after warning protesters to return to their original little encampment. Boston Mayor Thomas M. Menino says he sympathizes with the protesters but that they'll have to find ways to occupy that aren't considered civil disobedience.
A citizen committee has determined that levy-funded Hamilton County social-service agencies need to provide their services with fewer resources, advising that property owners pay the same levy rate despite decreases in property values that will reduce funding for groups that help senior citizens and people with mental illnesses. The decision by the 11-member committee will reportedly affect 30,000 residents who rely on such agencies to provide services such as meal delivery and counseling. In order to keep funding level the levy would have had to increase the cost for the owner of a $100,000 home by $6.
From The Enquirer:
Bosses of the Council on Aging of Southwestern Ohio had already agreed to live on less, but argued against some committee recommendations.
• Raising the age criteria. Currently 9 percent of clients are between 60 and 70 years old. An agency spokeswoman said that’s because services are disability-based. Some “younger” seniors – those suffering from strokes and early Alzheimer’s, for instance – have more needs than older people.
• Requiring new clients to meet U.S. legal resident requirements. According to the agency, screening for U.S. citizenship would make the program ineligible to use Older Americans Act dollars, at a cost of almost $1.2 million a year. The spokeswoman said all clients live in the county.
Enquirer reporters Carrie Whitaker and Janice Morse broke from traditional journalistic standard on Tuesday by reporting the names of teenagers involved in an alleged theft and police chase. The three girls, ages 16, 14 and 12, were identified by full name and as being from Avondale and Pleasant Ridge. A follow up story on Wednesday reported two of the girls being released from the hospital. It also included the minors’ names and did not include a reporter’s byline.
Jean Schmidt sided with Democrats on an attempt to stop Republicans from cutting even deeper the funding for the national food stamp program. The legislation that passed will cut the Supplemental Nutrition Assistance Program (SNAP) by more than $16 billion over 10 years. GOP lawmakers wanted it cut by $33 billion.
Iran put on a missile show on Friday, demonstrating the accuracy of its long-range missiles and their ability to hit Western bases and Israel.
Headline: “Wells Fargo Posts $4.6 Billion Profit, Up 17%.” Big ups, Wells Fargo!
A nearly complete skeleton of a human ancestor has been found in South Africa.
Occupy Cincinnati protesters have asked a judge to throw all charges against them, arguing that the park rules are unconstitutional which means their punishments shouldn't exist. The cases are expected to be delayed until the constitutional argument is figured out.
Two county commissioners say they want to help the county's Job and Family Services agency after an Enquirer analysis detailed massive funding, technology and staffing shortages that might have contributed to the deaths of three toddlers during the last 10 months. Republican Greg Hartmann and Democrat Todd Portune have suggested the agency use money from a reserve set aside for an expected bookkeeping penalty while they vote on a budget that will stay the same as last year.
The Rev. Jesse Jackson addressed Occupy Cincinnati yesterday at Piatt Park. Later in the day 15 individuals were arrested for staying in the park past its 10 p.m. closing time, the first arrests in weeks, as protesters have challenged the legality of the park closing at all. Jackson was reportedly scheduled to return to the park at noon on Wednesday to again speak with Occupy Cincinnati.
One week after a landmark settlement was signed, members of Occupy Cincinnati will gather this evening in downtown’s Piatt Park to listen to music and discuss free speech issues.
The event, known as ReOccupy Free Speech Day, begins with a general assembly meeting at the park at 6 p.m. It will be followed by comments from various speakers at 8 p.m., and then a performance by “riot-folk” musician Ryan Harvey.
At 10 p.m., a soapbox session will be held for anyone to speak about issues that are important to him or her. Protestors are planning to stay in Piatt until 6 a.m. Tuesday.
If rain develops, the general assembly and other events will be moved to Occupy Cincinnati’s community warehouse, located at 2023 Dunlap St. in Over-the-Rhine.
After months of negotiations, Occupy Cincinnati and attorneys with the City Solicitor’s Office reached a deal drop all criminal trespassing charges against Occupy members in return for the withdrawal of a federal lawsuit filed by five protesters.
As part of the deal, about 100 square feet of Piatt Park as a 24-hour public space. The area is located on the park’s far eastern edge, near the statue of President James Garfield, adjacent to Vine Street.