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by Kevin Osborne 04.06.2012
 
 
duke

Morning News and Stuff

Duke Energy lost its appeal Thursday that sought to get more money from its customers to reimburse the firm for damages it sustained to equipment in the September 2008 windstorm. The Ohio Supreme Court upheld an earlier ruling by the Public Utilities Commission of Ohio (PUCO) involving the restoration of electrical service after the storm that was caused by Hurricane Ike. In January 2011, PUCO ruled to allow Duke to recover about $14.1 million of the $30 million it had requested. With revenues of $14.53 billion for 2011, we're confident Duke can absorb the loss. Besides, isn't that the sort of thing that qualifies as “the cost of doing business?” Buck up, James Rogers.

The Reds emerged victorious Thursday in its season opener against the Marlins, winning 4-0. Reds Manager Dusty Baker credited pitcher Aroldis Chapman's performance for helping put the team over the top. It was the team's first Opening Day shut-out since 1980. Players might have been buoyed on by the 42,956 people watching them play – the second-largest attendance at Great American Ball Park, surpassed only by a playoff loss to Philadelphia in 2010.

As might be surmised from the above figures, the Findlay Market Opening Day Parade before the game also had one of its largest crowds ever. Organizers credited the turnout to sunny weather, a later start time and optimism about the Reds' prospects this season.

Cincinnati Police Chief James Craig is asking Avondale residents to help patrol the neighborhood as part of efforts to stop an uptick in shootings there. At least five people were shot Sunday night a few blocks from the Avondale Pride Center, police said. Officers have increased their presence in the neighborhood, but residents said they know the solution must involve a network of community members working with police.

A series of meetings will be held this month to give the public a chance to offer input on various plans for updating or replacing the Brent Spence Bridge across the Ohio River. The first meeting will be held at 6 p.m. April 11 at Covington City Hall, with later sessions planned for April 24 at Longworth Hall and April 25 at the Northern Kentucky Convention Center.

In news elsewhere, the U.S. economy added a relatively weak 120,000 jobs in March, compared with 240,000 in February, but the unemployment rate dipped to 8.2 percent from 8.3 percent, the Labor Department reported today. Analysts had forecast a 205,000 gain in non-farm payrolls, according to a Bloomberg survey.

Some critics are alleging the Republican National Committee was actively helping Mitt Romney win the GOP's presidential nomination, instead of serving as an impartial arbiter of the process. The list of grievances ranges from “issues the party acknowledges are legitimate, to those that they dismiss as desperate fixations from Romney’s flailing rivals,” Politico reports. The committee agrees that some states that went for Romney jumped the line in the primary schedule, a violation of party rules. But it shrugs off other complaints, like that it undermined rivals Rick Santorum and Newt Gingrich by formatting a delegate tracking list to pad Romney’s tally.

An Iraqi defector whose lies helped spark the United States' decision to invade Iraq, starting a nine-year war that cost more than 100,000 lives and hundreds of billions of dollars, confessed to making up his tale to get U.S. leaders to act. In his first British TV interview this week, Rafid Ahmed Alwan al-Janabi – known as “Curveball' in intelligence circles – admitted that he knew Iraq had no weapons of mass destruction, as he had alleged.

A Florida woman was arrested after allegedly offering to have sex in exchange for two hamburgers off of McDonald's dollar menu. Christine Baker, 47, was walking on a Southwest Florida street last Friday when she was approached by a detective working in the Manatee County Sheriff Office’s special investigations division, according to a sheriff’s office report. After the undercover detective invited Baker into his car and the talk turned to sex, she said her fee would be two double cheeseburgers.

A British infant that essentially was born without any blood is being hailed by doctors as a miracle baby by her doctors for surviving her ordeal. Olivia Norton, who is now six months old, was born completely white because she had such a low count of hemoglobin – the chemical which carries oxygen in red blood cells – that it could not officially be classified as “blood.” She was nicknamed "ghost baby" and given less than two hours to live, but survived thanks to emergency transfusions.
 
 
by 05.12.2011
Posted In: Government, Police, Courts, Financial Crisis, Spending at 02:05 PM | Permalink | Comments (0)
 
 

The Lowdown on City Hall's Scofflaws

Cincinnati officials today released an updated list of City Hall employees who have unpaid parking tickets, and the list includes members of the Police and Fire departments.

A total of 311 municipal employees have delinquent parking tickets, totaling $30,662 in unpaid fines, as of May 4th. That amounts to about 0.25 percent of the total amount of delinquent tickets, said a city spokeswoman.

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by Kevin Osborne 04.25.2012
Posted In: 2010 Election, Courts, Democrats, Republicans at 01:39 PM | Permalink | Comments (0)
 
 
hunter

Ballots Being Tallied in Disputed Election

Public is invited to observe the process

Anyone who wants to observe the processing of provisional ballots in a disputed 2010 election is being invited to attend as the work is completed this week.

 

Officials with the Hamilton County Board of Elections have announced the processing will occur today, Thursday and Friday. A total of 286 provisional ballots are being tallied in a Juvenile Court judge race, in compliance with a recent order from a federal judge.

 

The ballots are being counted today until 4 p.m., as well as from 8:30 a.m.-4 p.m. Thursday, and from 10:30 a.m. until the work is completed on Friday. The board’s offices are located on the third floor at 824 Broadway Ave., downtown.

 

Also, the Board of Elections will hold special meetings this week. Both will occur Friday; one at 10 a.m., the other at 4:30 p.m. Board members will discuss “pending litigation” related to the Hunter-Williams race.

 

Earlier this month a federal appeals court upheld a ruling by U.S. District Court Judge Susan Dlott that 286 provisional ballots should be tallied in the 2010 race between Democrat Tracie Hunter and Republican John Williams.

 

Hunter seemingly lost by just 23 votes out of nearly 230,000 ballots cast by county voters, but 286 ballots weren't counted because they were cast by people who showed up to vote at the correct polling place but were misdirected by poll workers and voted at the wrong precinct table.

 

Hunter filed a lawsuit in federal court alleging the ballots should be counted. Dlott had ordered the local Board of Elections to precisely determine how many ballots weren’t counted due to poll worker error, before she decided. That’s when local Republicans appealed the order.

Williams alleged poll workers correctly followed Ohio law and excluded the ballots, and that they shouldn’t be tallied. The GOP tried to get the U.S. Supreme Court to weigh in on the matter, but it declined to hear the case in April 2011. That put the matter back in Dlott’s court.


Since the dispute began, Williams was appointed to another vacant Juvenile Court judgeship in November 2011.

 

 
 
by Will Kohler 01.11.2010
Posted In: LGBT Issues, Courts, Human Rights at 02:51 PM | Permalink | Comments (0)
 
 

Prop 8 Showdown Begins Today

It's been a long time coming, but today gays and lesbians are finally taking the fight for our rights where it belongs, through the federal justice system.

The trial before the U.S. Supreme Court on same-sex marriages in California begins today and the result of Perry v. Schwarzenegger is expected to affect gay marriage legislation nationwide.

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by Kevin Osborne 04.26.2012
 
 
foreclosure1

Morning News and Stuff

A study by a housing advocacy group found that foreclosures in Hamilton County dropped by 13 percent compared to the previous year. But representatives with Working In Neighborhoods, the group that did the research, said the figures don't necessarily mean that homeowners aren't being affected by the economic downturn. Rather, they note that many large banks were delaying foreclosures due to the so-called “robo-signing” crisis, waiting until they struck a settlement deal with the federal government. In fact, many observers expect foreclosures to increase this year.

After a lengthy trial, former Bengals player Nathaniel “Nate” Webster was convicted Wednesday of having sex with an underage girl. A jury acquitted Webster on three charges, but found him guilty on four others. Hamilton County Common Pleas Court Judge Ralph “Ted” Winkler ordered Webster jailed until his June 6 sentencing, when he could be sent to prison for up to 20 years. Webster signed a five-year, $11.3 million contract with the Bengals in 2004, but played only in a few games.

City commissioners in Dayton are considering an ordinance to establish a domestic partnership registry which could be used by unmarried, same-sex couples. The registry is voluntary, and a couple doesn't need to live within the city. The ordinance says the registry will assist “businesses and universities in the recruitment of a talented and diverse workforce.” The registry would help area businesses that extend benefits to the partners of employees, straight or gay, by having a formal registry of such committed relationships. Local bloggers and others have been pushing for such a registry in Cincinnati for the past few years, but groups like Equality Cincinnati have said the time is not right.

What were the odds of that happening? A Columbus police officer who investigated a four-vehicle accident Tuesday that involved Gov. John Kasich is the same person that the governor had called “an idiot” in an earlier encounter. Officer Robert Barrett responded to the mishap on Interstate 71 in downtown Columbus that happened in stop-and-go traffic and did not result in any serious injuries. Shortly after taking office last year, Kasich recalled the citation he received from Barrett in 2008 for failing to yield to an emergency vehicle, calling Barrett an idiot during a meeting with state employees.

State lawmakers removed a proposal this week to enact a priority funding system for federal family planning dollars that would've essentially blocked funding for Planned Parenthood affiliates across Ohio. The Republican-controlled House Finance and Appropriations Committee pulled an amendment to Kasich’s mid-biennium budget review that was inserted last week. A committee chairman said the amendment mirrored that of House Bill No. 298, which is being worked in the House Health and Aging Committee. About $1.6 million of the $4.3 million in federal family planning money the state received last year went to Planned Parenthood affiliates.

In news elsewhere, House Speaker John Boehner (R-West Chester) is lowering expectations that the GOP will retain control of the House after this fall's elections. At a closed door meeting with rank-and-file Republicans, Boehner reiterated his concerns the party could lose seats in the House in November, according to The Los Angeles Times. "We’ve got a fight on our hands," Boehner said. Some observers wonder if Boehner believes the gloomy forecast or if it's a scare tactic to get unruly Tea Partiers to toe the party line.

After he scored victories in five primary elections this week, the Republican National Committee formally embraced Willard Mitt Romney as the GOP’s presumptive presidential nominee on Wednesday. Reince Priebus, the RNC's chairman, said in a statement that the party organization and its resources were now at the disposal of Romney’s campaign. Also, the campaign staffs of the RNC and Romney will merge and begin coordinating their efforts. Game on.

George Zimmerman received firearms training and bought a gun on the advice of an animal control warden, as a method for dealing with a belligerent neighborhood dog. That's one of many revelations in interviews with Zimmerman's relatives and neighbors conducted by Reuters News Service. Zimmerman is awaiting trial on a second-degree murder charge for the shooting death of Trayvon Martin, an unarmed black teenager, in Sanford, Fla.

It's beginning to look like Israel's military isn't in as big of a rush to start a war as the nation's politicians. Lt. Gen. Benny Gantz, Israel’s military chief, said Wednesday that he believes Iran will choose not to build a nuclear bomb, an assessment that contrasted with the statements of Prime Minister Binyamin Netanyahu. Gantz said international sanctions have begun to show results and could relieve pressure on the Obama administration, undercutting efforts by Israeli political leaders to urge the United States to consider a potential military strike on Iran.

International judges have found former Liberian leader Charles Taylor guilty of aiding and abetting war crimes during the Sierra Leone civil war, at his trial in The Hague, the BBC reports. Taylor has been on trial at the U.N.-backed Special Court for Sierra Leone for almost five years. He was accused of backing rebels who killed tens of thousands during Sierra Leone's 1991-2002 civil war.
 
 
by 05.11.2011
Posted In: Courts, Business, Community, City Council, Ethics at 05:25 PM | Permalink | Comments (0)
 
 

Local Judge Elected Ohio Bar Prez

A local appellate court judge who is a neighborhood activist and a one-time Cincinnati City Council candidate recently was elected as president of the Ohio State Bar Association.

Patrick F. Fischer was elected Friday during the Bar Association's annual convention in Columbus.

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by German Lopez 10.16.2013
Posted In: News, Homelessness, Courts at 03:15 PM | Permalink | Comments (1)
 
 
county courthouse

Homeless Sue County Over Courthouse Eviction Policy

Advocates say tactic focuses on the wrong problem

Homeless advocates gathered in front of the Hamilton County Courthouse on Wednesday to speak out against the county sheriff’s attempts to evict homeless people sleeping at the courthouse and Hamilton County Justice Center with the threat of jail time.

The press conference came on the same day that four local homeless filed a lawsuit in federal court claiming Hamilton County Sheriff Jim Neil’s new policy is cruel and unusual because it punishes people for being homeless.

Major Charmaine McGuffey, head of the Hamilton County Justice Department, says the policy is necessary to address a public health issue. She explains that every morning county officials are forced to clean up urine and feces left by the homeless the night before, and often the county doesn’t have the resources to completely disinfect the areas.

Josh Spring, executive director of the Greater Cincinnati Homeless Coalition, says county officials should stop using taxpayer money to address public defecation and focus on the state of the economy. Hes asking locals to tell county officials, “I want my government to invest in jobs and housing, not in pushing people to the margins.”

If the policy remains, Spring says the county could at least compromise and hold enforcement until the winter shelter opens, which would provide another housing opportunity for many of the homeless people who currently rely on county buildings for a safe spot to sleep.

McGuffey says the current timeline for the winter shelter opening — two months — is too much time to wait for what she describes as a public health issue. She says it’s also unclear whether local organizations, which are still gathering funds for the shelter, will have enough money to open it.

At the press conference, Spring was joined by several homeless people who shared their experiences. All the speakers echoed a similar theme: They’re not homeless by choice, and they only sleep on county property because it’s much safer than the alternatives, such as alleys and abandoned buildings.

McGuffey insists no one is trying to demonize homeless people. She says officers try to link homeless people with local human services when possible. Some of that outreach is already underway through trained officers and neighborhood liaisons, and starting next week the county will bring in a trained mental health professional to act as an advocate and outreach coordinator.

But if help can’t be found, McGuffey says officers have to threaten arrest to invoke a sense of immediacy” or homeless people might never leave the properties and the public health issue would go unaddressed.

So far, the sheriff’s office sees the program as successful. Over the past four weeks, it’s brought down the amount of homeless people camping out at the Hamilton County Courthouse and Justice Center each night from 40 to 12, according to McGuffey. She says the reductions exemplify people who were redirected to human services, but there’s no hard evidence showing those people actually got help or whether the reduction is temporary.

Spring says there aren’t enough human services to get all of the city’s homeless help. That, he claims, is the real problem that needs local officials attention.

Over the past decade, City Council fell far short of its funding goal for human services, which aid homeless and low-income Cincinnatians.

Several council candidates, including Chris Seelbach, Greg Landsman and Mike Moroski, say increasing human services funding to 1 percent of the operating budget will be a priority for them over the next few years. The increase would represent an improvement, but it would still fall short of the city’s 1.5 percent goal.

Meanwhile, Strategies to End Homelessness aims to reduce homelessness in Hamilton County from more than 7,000 to roughly 3,500 over the next five years through an initiative backed by the city and county.

As part of Homelessness Awareness Month, Spring and other advocates will march in support of homeless causes later this month. The march will begin at 3 p.m. on Oct. 26 at 1300 Vine St. in Over-the-Rhine.

The lawsuit:


 
 
by Kevin Osborne 04.17.2012
 
 
hunter

Morning News and Stuff

More than 17 months after the election occurred, officials finally are ready to count some disputed ballots in a race for a judicial seat on the Hamilton County Juvenile Court. A federal appeals court Monday upheld an earlier ruling that 286 provisional ballots should be tallied in the 2010 race between Democrat Tracie Hunter and Republican John Williams. Hunter seemingly lost by just 23 votes out of nearly 230,000 ballots cast by county voters, but 286 ballots weren't counted because they were cast by people who showed up to vote at the correct polling place but were misdirected by poll workers and voted at the wrong precinct table.

Hamilton County commissioners met with state lawmakers Monday to discuss their legislative priorities for this year. They include trying to restore some of the cuts to Ohio's local government fund and reauthorizing a countywide 911 user fee, which is set to expire soon.

Monthly customers at the large Central Parking System lot along Cincinnati's riverfront are angry about a provision involving Reds games. Parkers must be out of the garage by 5 p.m. on game days or their key cards won't work, subjecting them to an additional event fee. A county official said monthly customers can get 24-hour access cards, but those cost $25 more than the regular $100 fee. (Just call it death by a thousand cuts.)

Northern Kentucky University will make what it calls an "historic" announcement today regarding the schools presidential search. Various reports indicate NKU's trustees have selected Cleveland State University Provost Geoffrey Mearns for the job. Current president Jim Votruba announced last month that he would retire at the end of this school year.

Cincinnati officials have selected an empty industrial site in Over-the-Rhine as the location for a streetcar maintenance facility. The property is located on Henry Street, between Elm and Race streets. Based on an independent appraisal, City Hall has offered to buy the site for $1.4 million but the owner is seeking an unspecified higher price, according to The Enquirer.

In news elsewhere, the U.S. Justice Department is under fire for remaining quiet about problems in the testing of forensic evidence at the FBI's crime laboratory. Officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people nationwide, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled, The Washington Post reported.

President Obama is being accused of ignoring a 2008 campaign pledge to impose a “windfall profits tax” on oil companies. As a candidate, Obama said he would tax large oil company profits that would flow back to families in $1,000 rebate checks, but hasn't mentioned the idea since taking office. An Obama aide told Politico the White House decided that it had a better chance at persuading Congress to repeal tax subsidies than enact the tax on oil and gas company profits.

Groundbreaking on homes fell unexpectedly in March, but permits for future construction rose to their highest level in nearly four years, Commerce Department data showed today. March's decline in housing starts was the biggest percentage drop since April of last year, although most of the fall was in the volatile multi-unit category, which declined 16.9 percent. Starts for single-family homes dropped 0.2 percent.

Australia has announced that its troops will be withdrawn from Afghanistan nearly a year ahead of a previously scheduled 2014 withdrawal date. Julia Gillard, the Australian prime minster, said today that most of 1,550 remaining Australian troops in the nation were expected to return home by the end of 2013. The timetable means the largest force provided by any nation outside of the NATO alliance would leave Afghanistan a year ahead of the proposed December 2014 withdrawal date for all international forces. The United States currently has 90,000 troops stationed there.

A right-wing extremist who killed 77 people in a gun and bomb rampage in Norway last year has called his attack "spectacular,” claiming he would do it again if he could. As his trial continued for a second day, Anders Behring Breivik, 33, called himself a commander in an anti-Communist, anti-Islamic militant resistance movement called the Knights Templar.
 
 
by German Lopez 03.15.2013
Posted In: News, Courts, Parking at 11:26 AM | Permalink | Comments (0)
 
 
downtown grocery

Ruling to Determine Parking Plan's Future

City, parking plan opponents meet in court, judge unlikely to rule today

The city of Cincinnati and opponents of the parking plan met in court today to debate whether laws passed with emergency clauses are subject to referendum — a crucial legal issue as the city attempts to speed ahead with plans to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the deficit and foster economic development.

After hearing extensive legal arguments from both sides, Judge Robert Winkler, who presided over the hearings, said a decision is unlikely today.

Curt Hartman, who represented opponents of the parking plan, argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.

Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.

Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.

Meg Olberding, city spokesperson, previously told CityBeat that if the parking plan is held up for too long in legal battles, the city will have to carry out spending cuts before July to balance the budget in time for the 2014 fiscal year.

Emergency clauses remove a 30-day waiting period on approved legislation, and the city claims they also remove the possibility of referendum.

City Council approved the parking plan in a 5-4 vote on March 6 before attaching an emergency clause to the law in a 6-3 vote. But the law was quickly put on hold by a temporary restraining order from Winkler after a lawsuit was filed in favor of subjecting the plan to referendum.

Opponents of the parking plan say they’re concerned the plan will cede too much control over the city’s parking meters, which they say could lead to skyrocketing parking rates. 

The city says rates are set at 3 percent or inflation, but the rate can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.

The city is pursuing the parking plan to help balance the city’s deficit for the next two fiscal years and enable economic development projects (“Parking Stimulus,” issue of Feb. 27).

 
 
by Hannah McCartney 11.12.2013
Posted In: Media, Media Criticism, News, Ethics, Courts, Police at 03:25 PM | Permalink | Comments (0)
 
 
defamation

Gannett Weekly Loses Appeal in Defamation Suit

Court upholds decision that the paper's 2010 statement was made with actual malice

A Sixth Circuit Court of Appeals judge has denied the Milford-Miami Advertiser's request to appeal a 2012 ruling that charged the Gannett-owned suburban weekly with defamation and ordered the paper to pay the defamed plaintiff $100,000 in damages.

In an article published in the Advertiser on May 27, 2010 titled "Cop's suspension called best move for city," the paper implicated Miami Township police officer James Young, who years before had been mired in legal trouble for accusations of sexual assault that were eventually disproven, in its article discussing another sex scandal in the area.

According to court documents, in 1997, Young was initially fired from his job after a woman named Marcie Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. An internal investigation revealed that the two had actually been engaged in a relationship prior and that Young had spent time at Phillips' house while on duty. The allegations, however, were entangled in questions about Phillips' character and concern that she could have been lying about the rape because the relationship between the two had recently ended on rocky terms.

When DNA testing on semen found on a rug in the woman's home proved that the DNA didn't match Young's, he was exonerated and reinstated to his position

The Advertiser article explained that Young had been terminated for sexual harassment, immoral behavior, gross misconduct and neglect in the line of duty and also stated that "Young had sex with a woman while on the job," which formed the basis for Young's defamation suit.

The 2010 article dealt with similar accusations lodged against Milford Police Officer Russell Kenney, who pleaded guilty to charges that he'd been having sex with Milford Mayor Amy Brewer while he was on duty on multiple occasions.

Kenney was suspended from his position for 15 days, but was later reinstated even though Milford's police chief planned to recommend his termination to avoid having to use an arbitrator to dissect the case.

Although the article is attributed to writer Kellie Giest, the lawsuit revealed that the paper's editor at the time, Theresa Herron, inserted the section of the article that went to trial. According to court documents, Herron added the paragraphs about Young to Giest's story because she felt the article needed more context about why the city wanted to avoid arbitration.

According to court documents from the suit Young filed against the Gannett Satellite Information Network, Gannett responded the to initial complaint by acknowledging that the statement was a defamation of character, but that the statement was made without actual malice on the part of Herron. There is a high legal threshold for plaintiffs to establish a defamation claim, which require the plaintiff to prove several elements beyond a reasonable doubt; for public officials, the threshold is even higher because they most prove that the offender acted with actual malice — in this case, knowing the claim about Young was false and printing it anyway — to win a lawsuit.

In its appeal, Gannett argued that Young, as a police officer, did not meet the threshold of a public official required to successfully establish a defamation claim and that Herron's inclusions were based on rational interpretations of documents on the case — even though Young denied having sex with plaintiff Marcie Phillips, he admitted the two had kissed and the arbitrator's report documented one instance in which Young was at Phillips' house while on duty.

In the court's opinion denying Gannett's appeal, Judge John Rogers writes that Herron admitted she had read the arbitrator's report from Young's case, which provided no evidence that Young and Phillips ever actually had sex at all.

"There was sufficient evidence for the jury to conclude that Herron was well aware that the statement she added to the article was probably false," it reads. "Herron was also reckless in failing to conduct any investigation beyond the records of the original case. She did not seek out Young for comment, nor did she talk to anyone involved in his case."

 
 

 

 

 
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