The newly hired top editor at The Enquirer will be making several public appearances in coming weeks in an effort to become acquainted with the community.
Carolyn K. Washburn, the newspaper's editor and vice president, will be speaking at events organized by Northern Kentucky University and the League of Women Voters of the Cincinnati Area, among others.
Meanwhile unemployment in Cincinnati dropped to 7.5 percent in August, down from 8.2 percent in July. Unemployment in Hamilton County dropped to 6.8 percent in August, down from 7.3 percent. The Greater Cincinnati’s jobless rate for the month was 6.7 percent, putting it below that of the state (7.2 percent) and the nation (8.1 percent).
Speaking of numbers, a new poll released today shows Obama leading Romney in Ohio – the third such poll in the last four days. The Quinnipiac University/CBS News/New York Times Swing State Poll shows Obama leading Romney 53 to 43 percent in Ohio, and by similar large margins in the battlegrounds of Florida and Pennsylvania.
The typically media-shy Republican Ohio Treasurer and Senate candidate Josh Mandel proposed three new rules for members of the U.S. Congress in a rare Tuesday news conference. He said he wants members of Congress to lose their pensions if they became lobbyists, be limited to 12 years in the House and Senate and not be paid if they failed to pass a budget. Mandel says his opponent, sitting Democratic Sen. Sherrod Brown, broke his promise to voters that he would only serve 12 years in Congress. Mandel himself promised to fill his entire term as state treasurer, but would leave halfway through if he wins the Senate race.
The governors of Ohio and Kentucky continue to move toward jointly supporting a financing study for a replacement of the functionally-obsolete Brent Spence Bridge, and both governors favor a bridge toll to fund construction. The Kentucky Legislature would have to approve a measure to allow tolling on the bridge.
Forty percent of Hamilton County’s septic systems are failing, and homeowners and utilities are arguing over who should foot the $242 million bill. The Enquirer has an analysis of the ongoing battle.
The Associated Press reports that Andy Williams, Emmy-winning TV host and “Moon River” crooner, has died.
The Enquirer is still doing all it can to keep the Lacheys relevant instead of letting them die off like all bad 90s trends like Furby and Hammer pants. The paper blogged that Lachey finished in the bottom three in the first week of the new Dancing with the Stars: All Stars.
Speaking of those replacement NFL refs, apparently some of them were fired by the Lingerie Football League for incompetence. Yes, there are totally unrelated pictures of women playing football.
The Ohio Ballot Board on Thursday approved new summary language for Issue 2, which would take the decennial redistricting out of the hands of politicians and task a nonpartisan commission with redrawing congressional lines. The Dispatch reports that the new summary removes factual inaccuracies and included previously omitted information about who would select members of the new citizens commission. Secretary of State and Ballot Board Chairman Jon Husted said the board tried to make the language as generic and concise as possible, but Democrats and voter advocates say the new language is too long and technical and would confuse voters.
Cincinnati City Councilman P.G. Sittenfeld became the first elected official in the nation to host an online town hall. The Enquirer reports that Sittenfeld is taking questions on the online tool CrowdHall and by next Friday will have answered them via text or video. He is also asking Cincinnatians to post suggestions as to how they would balance the budget or spend the new casino revenue.
Rush Limbaugh on Thursday theorized that Al Qaeda colluded with President Barack Obama to give up Osama bin Laden to help Obama look good and win reelection.
Republican presidential candidate Mitt Romney defines “middle income” as $200,000 to $250,000 a year. The Associated Press reports that Romney made the comments during an interview broadcast Friday on ABC’s “Good Morning America.” The Census Bureau meanwhile reported this week that the median household income is just over $50,000. CityBeat’s reporting staff wishes management would promote us to middle income level.
Speaking of ABC, they’re being sued by Beef Products Inc. for $1.2 billion over a report of the beef filler “pink slime.” The beef company says the defaming report disparaged the safety of pink slime.
Obama again apologized for America called Egyptian President Mohamed Morsi and called on him and the Muslim Brotherhood to stand with Washington against protesters who are attacking the U.S. Embassy in what The New York Times called a “blunt phone call.”
Jimmy Kimmel took the iPhone 4S onto the streets, telling people it was the new iPhone 5, proving that Apple cultists enthusiasts will love anything the company puts out.
Their highly accurate texts were created without seeing the scrolls and they shattered secrecy created by a cabal of scholars who for decades restricted other researchers’ and translators’ access to the ancient documents.
Steve Rosen’s recent Page 1 story in the Enquirer got that right. The other scoop was my 1991 Enquirer story reporting Wacholder and Abegg’s triumph. Our photo showed visually impaired Wacholder looking at a dramatically enlarged image on a Mac.
Their ordeal had its origin in a promise by then-HUC president Nelson Glueck in 1969. He agreed to house 1000-plus photographic images of the scrolls lest something happen to the originals. He also agreed with scholars controlling access to the scrolls that no one else would see the HUC negatives while the original scrolls existed.
That included Wacholder. To his frustration, HUC honored that promise even after Glueck’s death and despite the growing international controversy over restricted scholarly access to many of the original scrolls.
Today’s Biblical Archaeology Society website, biblicalarchaeology.org, recalled how Wacholder and Abegg got lucky in 1989. Chief editor of the scrolls John Strugnell sent a copy of a secret concordance of the Dead Sea Scrolls to Wacholder. It “consisted of photocopies of index cards on which every word in the unpublished scrolls was listed, including its location and the few words surrounding it.” It was their Rosetta Stone.
Wacholder and Abegg programmed the Mac to apply their knowledge of ancient literature to the data in the concordance. "I'm sick and tired of all this waiting," he told me at the time.
In 1991, the society’s Biblical Archaeology Review published the reconstructions, breaking the more-than-40-year-old monopoly on the scrolls.
And when jealous scholars challenged the accuracy of the reconstructions, Wacholder was dismissive. "I'll match my knowing of the . . . texts - even blind — any of them.
Wacholder died last year. Abegg became professor and co-director of the Dead Sea Scrolls Institute at Trinity Western University in British Columbia.
• I’ve described my fear that the Cleveland Plain Dealer — long Ohio’s best daily — will follow other Advance Publications into print obscurity. PD journalists also heard the clatter of bean counters and created the Save The Plain Dealer campaign. Earlier this year, Advance — another name for Newhouse family publications — the New Orleans Times-Picayune as a traditional daily. It fired lots of journalists and now is printed three days a week to accommodate heavy advertising. Surviving journalists also work online every day. With that innovation, Newhouse made New Orleans America’s largest city without a daily paper. Smaller Advance dailies suffered the same fate. Poynter.com quoted an email from PD science writer John Mangels earlier this month:
“The multimedia campaign will begin Sunday with a half-page ad in The Plain Dealer, to be followed by bus and billboard ads throughout the city. TV and radio ads will appear soon. There will be mass mailings and e mailings to elected officials, political and business leaders and other people of influence. We’ll have a Facebook page with an abundance of content, a petition on Change.org, and a Twitter feed. We’re also working to organize community forums where we’ll discuss the future of journalism in Northeast Ohio, and the potential impact of the loss of the daily paper and much of its experienced newsgathering staff.”
Later, reached by phone, Mangels told Poynter that PD management hasn’t said anything about Advance’s plans. “The only detail that we’ve been told by our bosses here is that major changes are coming, layoffs in some number are coming,” Mangels said.
• Have you noticed how GOP aspirants for the 2016 presidential nomination are using long-reviled mainstream news media (MSM) to distance themselves from Romney and his disdain for retirees, veterans, Hispanics, African Americans, and young adults? I love the GOP’s irony deficit. They’ve spent decades teaching True Believers that the MSM is an evil, liberal cabal, not to be trusted. Now, these same Republican 40-somethings want voters to believe what the mainstream news media tell them about their aspirations and sagacity. They’re also fleeing Romney’s transparent hypocrisy and its blowback; benefits to Democratic constituencies are meant to buy votes but benefits for GOP constituencies never, ever should be understood as a way to woo financial support or votes.
• Here’s an angle I haven’t encountered in post-election coverage: an almost inevitable GOP win in 2016. Not only is a second elected term unusual for modern Democratic presidents, but a third term for either party is rare. Since FDR in 1940, only popular Republican Ronald Reagan was succeeded by a Republican, George H. W. Bush. I’m not alone if my reading to liberal columnists is a fair indicator of grudging agreement. They want Obama to push through agendas they’ve advocated for the past four years and to find the cajones to fight for his nominations when they go before the Senate led by Kentucky Pride Mitch McConnell.
• Propaganda-laden cable news and TV/radio talk shows can lull angry, fearful partisans and voters into believing what facts refute. And I mean refute not rebut. Anything out of sync with those GOP media was rejected as MSM bias. Whether it was a Pavlovian response, delusional thinking or magical realism, the result was Republican candidates, consultants, strategists, voters and Fox News were stunned when state after state went for Obama. Carl Rove went into a spin of denial on Fox News as election returns came in; he believed what Fox News had been telling him for months: Romney in a walk. What was that cliche, something about drinking the Kool-aid?
• This from Eric Alterman in his What Liberal Media? column in The Nation: “They watched Fox News, read The Wall Street Journal, clicked on Drudge and the Daily Caller, and listened to the likes of Rush Limbaugh, Hugh Hewitt, Karl Rove, Dick Morris and Peggy Noonan promise them that their Kenyan/Muslim/socialist/terrorist nightmare was nearly over. One election was all that stood between them and a country without capital gains taxes, pollution regulation, healthcare mandates, gay marriage and abortions for rape victims.”
Alterman continued: “The less wonderful irony involves the supporting role the mainstream media played in this un-reality show. Post-truth politics reached a new pinnacle this year as major MSM machers admitted to a lack of concern with the veracity of the news their institutions reported. ‘It’s not our job to litigate [the facts] in the paper,’ New York Times national editor Sam Sifton told the paper’s public editor, Margaret Sullivan, regarding phony Republican ‘voter fraud’ allegations. ‘We need to state what each side says.’ ‘The truth? C’mon, this is a political convention’ was the headline over a column by Glenn Kessler, the Washington Post ‘fact-checker.’ Yes, you read that right.”
How bad was it? Alterman quoted Steve Benen, a blogger and Rachel Maddow Show producer. He “counted fully 917 false statements made by Mitt Romney during 2012. Just about the truest words to come out of the campaign were those of the Romney pollster who explained, ‘We’re not going to let our campaign be dictated by fact-checkers.’ But not only did many members of the MSM give Romney a pass on his serial lying; they actually endorsed his candidacy on the assumption that we need not take seriously any of those statements the candidate had felt compelled to make in order to win the nomination of his party.”
• In the expanding universe of online calumny, few American public officials or public figures strike back big time in part because of broad First Amendment protections available to defamers. British libel law makes it much easier for the victim to win. The latest target of false online vilification is Lord Alistair McAlpine. BBC implicated but didn’t name him in its spreading child abuse scandal. However, so little was left to the imagination that in Britain’s media/politics hothouse that McAlpine was named in myriad tweets.
BBC quickly admitted error and paid him almost $300,000 to salve his bruised feelings. ITV — Britain’s Independent Television — followed BBC with apology and more than $200,000 for inadvertently accusing McAlpine of abusing children.
McAlpine is offering to accept a tweeted apology and modest payment from most of the tweeters. He’s less forgiving of 20 members of Parliament, journalists and other public officials and figures. They probably face costly libel actions in a country where it’s almost impossible for a defendant to win.
• Assume every microphone in front of you is “on.” You don’t warm up with “There once was a man from Nantucket . . . “ on the assumption that mic is dead. Myriad public figures have ignored that Law of the Jungle to their pain. The latest is Jonathan Sacks, Orthodox chief rabbi of Great Britain, who delivers a “Thought for the Day” regularly on BBC radio’s Today program.
Here’s the Telegraph report and another statement from the overworked BBC apology machine. After Sacks finished and apparently assumed his mic was turned off, host Evan Davis asked, “Jonathan, before you go, you know, any thoughts on what’s going on over in Israel and Gaza at the moment?”
Lord Sacks sighed, before replying: “I think it has got to do with Iran, actually.”
Cohost Sarah Montague realized Sacks did not seem to know his remarks were being broadcast and she could be heard to whisper: “We, we’re live.”
Lord Sacks adopted a more formal broadcasting manner and suggested the crisis demanded “a continued prayer for peace, not only in Gaza but for the whole region. No-one gains from violence. Not the Palestinians, not the Israelis. This is an issue here where we must all pray for peace and work for it.”
Later, BBC apologized for catching Sacks off-guard. A spokesman said: “The Chief Rabbi hadn’t realized he was still on-air and as soon as this became apparent, we interjected. (Host) Evan likes to be spontaneous with guests but he accepts that in this case it was inappropriate and he has apologized to Lord Sacks. The BBC would reiterate that apology.”
• So far, I haven’t found a news angle beyond prurience in the Petraeus resignation. Yes, there could have been a national security issue, but once then-spymaster Petraeus went public about his extramarital affair, he couldn’t be blackmailed. We’ll never know how well the CIA would have run under Petraeus, but turning it further into an almost unaccountable paramilitary force with its fleet of deadly drones killing Americans abroad and others would not have been in the national interest. We need a good spy agency. Killing people you’re trying to subvert and convert is a lousy game plan.
• Admiring and available women are no stranger to powerful public and corporate leaders. Generals are no exception. Neither are social climbers hoping to use them. All that’s missing from the Petraeus soap opera is for some just-married junior officer to claim his general exercised droit du seigneur.
• We can wonder what their frequently mentioned Lebanese origins have to do with the Tampa twins’ roles in the Petraeus soap opera, or whether Paula’s arms are fitter and better displayed than Michele’s. After that, let’s get to the fun stuff: the ease with which law enforcement obtains our emails.
a belated Thanksgiving note. Somehow, I found a turkey on the
Copperbelt in Central Africa where I was editing the new daily Zambia
Times. I did my best to explain how to roast it with stuffing to the
cook in the house I was caring for. He served it that evening with
obvious pride. It was brown, roasted over open coal on a spit he’d
tended for hours. The stuffing was special beyond my dreams: the
sonofabitch had used the kosher salami I’d hoarded for months for
stuffing. I thanked and praised him through clenched teeth and dug in.
It was memorable. And awful.
Ex-Councilman John Cranley is outraising
Vice Mayor Roxanne Qualls in the mayoral race by $124,000, but the
history and research of money in politics suggest the lead might not
matter much, if at all. Mayor Mark Mallory was outspent more than
three-to-one in the 2005 mayoral race by David Pepper, but Mallory won
the vote 52-48 percent. Political scientists argue fundraising and
campaigns generally have a marginal impact, while economic growth, the
direction of the city, state and country, incumbency or successorship,
name likability and recognition, and political affiliation have much
bigger effects. [Correction: This originally said $134,000 when the correct number is $124,000.]
The board that manages Cincinnati employees’ struggling pension system won’t make a recommendation to City Council Monday, as originally planned, because it can’t decide how much taxpayers and employees should suffer to help fix the $862 million unfunded liability. Board members couldn’t agree on the proper balance between benefit cuts and increased funding from the city. Credit rating agency Moody’s on July 15 downgraded Cincinnati’s bond rating from Aa1 to Aa2 and revised the bonds’ outlook to “negative.” Moody’s stated one of the biggest causes of concern for Cincinnati’s debt outlook is its pension fund.
There were massive layoffs at The Cincinnati Enquirer and its parent company Gannett yesterday, including the reported closing of the newspaper’s Kentucky office. As of the latest update from Gannett Blog, more than 200 people were laid off nationwide and 11 lost their jobs at the Cincinnati offices. The news comes just two weeks after Gannett CEO Gracia Martore proudly claimed on July 22, “We are accelerating our transformation into the ‘New Gannett’ every day.”
Ariel Castro, the Cleveland man who held and raped three women at his house for years, yesterday was sentenced to life in prison plus 1,000 years.
A few dozen residents organized by a conservative group asked the Greater Cincinnati Port Authority to kill Cincinnati’s parking lease at a meeting Thursday. The Port is taking control over Cincinnati’s parking meters, lots and garages as part of a controversial deal that will net the city $92 million up front and $3 million or more a year afterward. CityBeat covered the lease in further detail here.
While the Port Authority meeting apparently warranted live tweeting and various articles from several outlets, other local media outlets never covered a streetcar social that involved roughly 200 supporters of the Cincinnati streetcar and Mayor Mallory.
State officials claim average costs for health insurance will soar by 41 percent for Ohioans who buy coverage online under Obamacare, but experts say the state’s claims are misleading. “These are sticker prices, and very few people will pay these prices,” said Larry Levitt, senior vice president of the Kaiser Family Foundation. “Many will qualify for subsidies.” The Republican officials touting the claims of higher costs, including Lt. Gov. Mary Taylor, have opposed Obamacare from the start.
Democratic gubernatorial candidate Ed FitzGerald is once again asking for an ethics probe of Gov. John Kasich and JobsOhio, the privatized development agency established by Republicans to replace the Ohio Department of Development. Republicans claim JobsOhio is creating thousands of job in the state, but Democrats argue the agency’s secretive nature makes it difficult to verify whether taxpayer dollars are being effectively used.
Ohio Attorney General Mike DeWine yesterday announced a statewide Internet cafe investigation spanning to an establishment in Middletown. “We are still in the beginning stages of what we expect to be a very lengthy investigation,” DeWine said in a statement. “While it is too early in the investigation to go into specifics, we do believe the alleged criminal activity at these locations goes beyond illegal gambling.” Earlier in the year, Gov. John Kasich and the state legislature effectively banned Internet cafes, which they claimed were hubs for online gambling and illegal activity.
The Ohio crime lab received about 3,300 untested rape kits from law enforcement around the state and found nearly 400 DNA matches after testing more than 1,300 of the kits. DeWine says the extensive tests are helping solve sexual assault crimes.
Just one day after announcing he’s quitting the mayoral race, Libertarian Jim Berns is asking to rejoin. Berns withdrew from the race
Wednesday in protest of the mayoral primary election and debate
schedule. In a statement, he said he had changed his mind because
staying in the race supposedly allows him to shed light on important issues.
Keeping Cincinnati Beautiful is offering a one-day free recycling event Saturday for hard-to-recycle items.
Evolution punishes selfish people, according to a game theory study.
City Council approved a plan to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority, but the plan is now being held up by a judge’s temporary restraining order (TRO). The plan was passed with an emergency clause, which is meant to expedite the plan’s implementation, but it also makes the law immune to referendum. The judge’s TRO, which will delay implementation for at least one week, will provide enough time to process a lawsuit filed by Curt Hartman, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST), on behalf of local activists who oppose the plan and argue it should be subject to referendum. The parking plan will lease the city’s parking assets to fund development projects, including a 30-story tower and a downtown grocery store, and help balance the deficit for the next two fiscal years. Opponents say they’re concerned about the plan leading to parking rate hikes, and they say the plan will not fix the city’s structural deficits.
Before the final vote on the parking plan, City Manager Milton Dohoney Jr. gave a presentation to City Council that showed options for reducing Cincinnati’s structural deficit, including a reduction or elimination of lower-ranked programs in the city’s Priority-Driven Budgeting Process, a reduction in subsidies to health clinics that are getting more money from Obamacare, the semi-automation of solid waste collection or the introduction of new or increased fees for certain programs, among other changes.
Ohio senators are pushing a law that would make records of people licensed to carry concealed firearms in Ohio off-limits to journalists. The senators say they were inspired to push the law after a New York newspaper published the names and addresses of permit holders in three counties. Dennis Hetzel, executive director of the Ohio Newspaper Association, says the law will decrease government transparency and limit rights: “I wish the pro-gun forces would be as respectful of the First Amendment as they are of the second, and they should be fearful of excessive government secrecy.”
The superintendent and treasurer of the Cincinnati College Preparatory Academy, a charter school, were indicted after allegedly using school funds to go to “Girls weekends” in Chicago, sightseeing tours through California and Europe and a trip to Boston to see Oprah — allegedly costing taxpayers more than $148,000. Dave Yost, state auditor, said in a statement, “The audacity of these school officials is appalling. The good work by our auditors and investigators has built the strongest possible case to ensure they can never use the public treasury as their personal travel account again.”
The Ohio Department of Transportation and Kentucky Transportation Cabinet are working together to make the case that any delays in the Brent Spence Bridge project will hurt Greater Cincinnati’s economy. Most people involved in the issue agree the bridge needs rebuilding, but not everyone agrees on how the project should be funded. Northern Kentucky politicians in particular have strongly opposed instituting tolls — one of the leading ideas for funding the project.
In public hearings yesterday, service industry officials said Gov. John Kasich’s budget plan, which will expand the state’s sales tax to apply to more service, would drive some service providers out of Ohio and make the state less competitive. Among other complaints, Carter Strang, president of the Cleveland Metropolitan Bar Association, said the plan could make it harder for Ohioans to access legal counsel by increasing costs and reducing employment in the legal sector. CityBeat covered Kasich’s budget proposal in detail here.
State Auditor Yost filed a subpoena to get JobsOhio’s financial records after the agency failed to turn them over. The subpoena puts Yost at odds with Kasich, a fellow Republican who established JobsOhio, a nonprofit company, in an attempt to bring more jobs to the state and replace the Ohio Department of Development.
Hamilton County is launching the Hamilton County Community Re-entry Action Plan, which will help integrate ex-convicts back into society. Commissioner Todd Portune told WVXU the plan will help with overpopulation in jails and prisons: “When you build (jail and prison) facilities, the population in them always seems to rise to meet whatever the (capacity) level is in the facility. You never seem to have enough space. The real answer beyond facilities is that we've got to turn around the lives of the individuals who are in our corrections system that have made bad choices.”
The University of Cincinnati says it won’t block an outdoor display of vagina pictures on campus.
Yesterday, Kentucky’s U.S. Sen. Rand Paul held a nearly 13-hour filibuster to protest any possible use of drone strikes on American soil. Paul was joined by senators from both sides of the aisle in his opposition to using the strikes, which were used in Yemen in 2011 to kill Anwar al-Aulaqi, an American citizen accused of being a high-ranking al-Qaeda official.
The same Cleveland judge who made a woman hold an “idiot” sign for driving around a school bus is making a 58-year-old man hold another sign for threatening officers in a 911 call. The sign will apologize to officers and read, “I was being an idiot and it will never happen again.” The man will also go to jail for 90 days.
There used to be camels in Arctic Canada, but that shouldn’t be too surprising — camels currently reside in the Gobi Desert, which can reach -40 degrees Fahrenheit in the winter.
Maybe you’ve heard her on BBC Radio via the Internet, when she’s filled in for Diane Rehm on National Public Radio or seen her as a pundit on one of TV’s political talk shows. No matter, British journalist Katty Kay has a growing American fan base.
The Internet’s strange allure can’t be resisted.
First, local blogger and veteran journalist Bill Sloat decided to revive his excellent Daily Bellwether blog after an absence of several months, once again offering his fresh take on news around Ohio’s major cities.
Now Jim Hopkins has brought back his insightful Gannett Blog, offering news, analysis and criticism about the newspaper and media giant that owns The Cincinnati Enquirer and USA Today.
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."