As additional information becomes known, an allegedly impartial poll about Cincinnati's streetcar project touted by The Enquirer becomes more suspect. A person who took the poll says the questions seemed like “propaganda,” while the pollster violated the accepted standards of the polling industry.
• The Enquirer discovered a foreign policy “expert” living silently among us for years. That’s their word: “expert.” He was outed on Monday’s page 1 in a lavishly illustrated story about his taxpayer-paid travels. It’s U.S. Rep. Steve Chabot. Face it, travel doesn’t make anyone an expert. If it did, Rick Steves should be our next Secretary of State.
• Here we go again. Our Enquirer carrier is supposed to deliver the Enquirer seven days a week and the New York Times Monday-Saturday. Last Wednesday, the Enquirer arrived but the Times didn’t. Times call center people in Iowa promised a replacement paper by 2 p.m. We’re still waiting.
Thursday, there was no Times for the second day and, instead of a replacement Wednesday paper, the Enquirer carrier tossed a copy of the Wall Street Journal.
I can’t invent this stuff. The WSJ is the only serious challenger facing the Times as a national daily.
Times people in Iowa promised a replacement Thursday paper. I’ve called so many times I can recite their script with them, including faux sincerity when apologizing for missed papers.
I also sent another note to the circulation VP at the Times, using the email address on the paper’s website. (I couldn’t find any such person or email in the online list of Enquirer contacts. No surprise.)
The Times circulation VP couldn’t happy about paying to deliver the WSJ. An aide called, saying he’d do all he could by phone. Not much. Actually, nothing.
Friday, finally, the Enquirer carrier got it right: Enquirer and Times. That can’t last. The lapses are not new.
• Questions are being raised about foreign research involving UC and Henry Heimlich. UC News Record reporter Benjamin Goldschmidt said, “The study tested whether or not a modified version of the Heimlich Maneuver could stop an acute asthma attack or treat asthma symptoms without contemporary treatment. The subjects’ parents gave consent and the results reported no adverse effects, according to the study. The 67 children who participated were between the ages of six and 16.”
Goldschmidt said Heimlich’s son, Peter, is pressing the inquiry at UC and elsewhere. The younger Heimlich said that “Since at least 1996, based on dubious evidence, my father has claimed that the Heimlich Maneuver can stop asthma attacks, but asthma experts have expressed strong doubts . . . For example, in 2005, Loren Greenway, administrative director of respiratory and pulmonary medicine for Intermountain Health Care in Salt Lake City, told a reporter that using the Heimlich maneuver in an acute asthmatic condition … could actually kill somebody.”
Peter Heimlich said he targeted UC because Charles Pierce, adjunct professor of psychiatry at UC, was involved with applying for loans for the study in Barbados, an Atlantic nation between Haiti and Venezuela. He cited email correspondence in the Winkler Center’s Heimlich Archives at UC.
The News Record quoted UC spokesman Greg Hand, who said the majority of Pierce’s work is done at Children’s Hospital, not with UC.
Previously, Peter Heimlich raised questions about his father’s foreign experiments on malariotherapy, which seeks to prove that infecting people with malaria creates HIV-killing fevers.
• If you missed it, find last week’s page 1 New York Post photo of a man about to be killed by a subway train.
Freelance photographer R. Umar Abbasi said it is one of dozens he shot using his flash unsuccessfully to alert the driver about an emergency. A furor followed the Post’s decision to print his photo.
Photographers frequently are faulted for not intervening in violent or deadly situations. So let me offer a couple comments.
First, Abbasi had no duty to try to lift Ki-Suck Han to safety. He says he wasn’t close enough, the train was coming, he was unsure whether he could lift the man. Others, closer, did not try to help.
Whether photographers should set aside their cameras and get involved is a recurrent question. My answer is this: The greater the risk, the smaller the obligation to help. That’s how we get images of wounded and dying soldiers, people trapped in or rescued from bombed buildings, prisoners being shot, stabbed, torture, etc.
That’s what photographers do. They show us what’s happening and in many situations, photographers would have been casualties if they’d try to intervene.
An older colleague at the Minneapolis Star said a woman who survived the collapse of a downtown hotel complained that he photographed her instead of helping. My colleague sent her an autographed copy of the photo, inscribed, I recall, “Deadlines are deadlines, lady.”
Second, the Post wasn’t wrong to publish the photo. I’m on the side of showing what happens when things go very, very wrong. War is ugly. So are traffic accidents, trench cave-ins and shootings here. Sanitizing does no service to readers/viewers who need to know what happened in a newsworthy event. Is the photo disturbing? Yes. But not so much as Ki-Suck Han’s death at the hands of a stranger who pushed him on to the tracks.
• Photographers often spend their lives known for one news photo: Marines raising the flag on Mt. Suribachi, a young woman screaming over the body of a student at Kent State, a starving Sudanese child watched by a nearby vulture, a South Vietnamese officer executing a Viet Cong suspect with one shot to the head. Some images win famous prizes. Some photographers build careers on their moments. At least one, Kevin Carter, bedeviled by what he’d seen among Sudanese famine victims, killed himself. Abbasi will not easily shake the image of his image of that subway death.
• The Dec. 8 Economist online has a cautious update on the declining newspaper industry, including Gannett, owner of the Enquirer. Included is a look at the ways pay walls like that at the Enquirer are succeeding where online content long was free. At some papers, online income finally is seriously compensating for income from lost print ad revenue. But the Economist warns “Most important, a paper’s content has to be worth paying for, which is bad news for (unnamed) papers that have cost-cut themselves into journalistic wraiths.”
• I love a journalistic hoax. A top Chinese daily, People’s Daily, reported that “The Onion has named North Korean supreme leader Kim Jong Un as the sexiest man alive for the year 2012.”
Obviously unaware that the Onion is an American satirical website, Chinese editors copied it verbatim: “With his devastatingly handsome, round face, his boyish charm, and his strong, sturdy frame, this Pyongyang-bred heartthrob is every woman's dream come true. Blessed with an air of power that masks an unmistakable cute, cuddly side, Kim made this newspaper's editorial board swoon with his impeccable fashion sense, chic short hairstyle, and, of course, that famous smile.”
• Radio pranks are nothing new. Years ago, when WNOP “Radio Free Newport” broadcast from an Ohio River barge, it would play recordings of prank telephone calls. One was to a railroad asking if the caller could use its engine roundhouse to play a huge Bobby Breen U.S. Steel record. Another asked a department store lingerie clerk about an Erin go Bragh, and I think, a Freudian slip. A supermarket customer insisted he properly assembled his “chicken parts kit” but it would only fly backwards. What should he do? The “Green Hornet” called a garage, supposedly servicing his Black Beauty car to ask when his Filipino houseboy Kato could pick it up. Finally, there was the soldier who called a McDonald’s with a detailed order for an entire Army reserve or national guard unit. The laughs, of course, came as recipients of the calls struggled to make sense of the queries until they realized they’d been had.
• Sometimes, however, a clever media hoax goes sadly wrong. That’s apparently what happened last week when Australian radio DJs Mel Greig and Michael Christian fooled nurses at London’s King Edward VII Hospital into thinking they were the Queen and Prince Charles. They wanted to know how Kate was handling her severe morning sickness.
In an early morning telephone call, Greig, impersonating the Queen, said: “Oh, hello there. Could I please speak to Kate please, my granddaughter?”
Thinking she was speaking to the Queen, immigrant nurse Jacintha Saldanha, on switchboard duty, replied; “Oh yes, just hold on ma’am.”
She put the call through to the nurse in the Duchess’ room. That nurse, so far unnamed, also thought she was speaking to the Queen and provided details about Kate’s health.
The Sydney station, 2Day, heavily promoted its prank and broadcast it repeatedly. It became an international sensation; even the real Prince Charles was reported to have thought it funny.
Nurse Saldanha was found dead Friday, three days later. London police said they are not treating her death as suspicious. That means suicide or natural causes. British news media assumed suicide, suggesting Saldanha couldn’t deal with humiliation after 2Day’s recording of her embarrassing error went viral. The London Telegraph said “the two presenters who made the call will be questioned by Australian police following a request by Scotland Yard, which will gather evidence for an inquest.”
• Elizabeth P. McIntosh was a Honolulu Star-Bulletin reporter writing for women in 1941 when the Japanese attacked Pearl Harbor on Dec. 7. Editors killed her story, saying her graphic description of civilian victims would be too upsetting. Last week, the Washington Post published the uncut story with McIntosh’s recollections. It’s vivid, fine reporting, the kind of writing we seldom see today.
• An inexplicable failure of journalism honesty landed NBC in court. George Zimmerman, who admits he shot and killed unarmed Florida teenager Trayvon Martin, sued the network. He says NBC editing of his original 911 call defamed him and caused intentional infliction of emotional distress.
NBC played the its reporter’s edited tape three times. On it, Zimmerman says, “This guy looks like he’s up to no good or he’s on drugs or something. He looks black.”
But on the unedited tape, Zimmerman says, “This guy looks like he’s up to no good or he’s on drugs or something. It’s raining and he’s just walking around, looking about.”
Then the 911 dispatcher says, “OK and this guy — is he white, black or Hispanic.”
Only then, in response, Zimmerman said, “He looks black.”
Neither the dispatcher’s question nor Zimmerman’s answer was racist. If a police officer was to be dispatched, it was important what the potential suspect, Trayvon Martin, looked like.
• Here’s a story I haven’t seen as we edge up to the fiscal cliff: how many billions are spent on fully employed people whose wages are so low that employers transfer their costs to the rest of us? Medicaid, food stamps, etc. aren’t limited to the unemployed or aged. And while they’re at it, reporters can tell us how much a full-time worker must earn to equal all of their taxpayer-supported benefits.
now, a birther alert. Ted Cruz, newly elected Hispanic and perfectly
conservative senator from Texas, says his Canadian birth doesn’t
disqualify him from a run for the GOP presidential nomination in 2016.
He told Ryan Lizza in the New Yorker, “The Constitution requires that
one be a natural-born citizen and my mother was a U.S. citizen when I
was born.” He could have added that
Americans captured Canada 200 years ago in the War of 1812, assuring
Donald Trump of Cruz’s eligibility. And hey! Americans then defeated
Santa Ana at the Alamo.
• HuffingtonPost.com quickly repeated this potential calumny: “Investigators have a suspect — a Saudi Arabian national — in the horrific Boston Marathon bombings, The (New York) Post has learned. Law enforcement sources said the 20-year-old suspect was under guard at an undisclosed Boston hospital.”
About the same time, Massachusetts and Boston officials were telling journalists they had no suspects.
I recall how authorities initially sought someone who looked like an Arab after the Murrah Federal Building in Oklahoma City was bombed in 1995. How do I know? It was all over the news media. As the current FBI website puts it, “Coming on the heels of the (first) World Trade Center bombing in New York two years earlier, the media and many Americans immediately assumed that the attack was the handiwork of Middle Eastern terrorists.”
Two white non-Arab Americans were convicted of the bombing. The only “Arab” link was murderer Timothy McVeigh’s military service in the first Iraq invasion, Desert Storm, where he won a Bronze Star. Meanwhile, conspiracy theorists continued to weave elaborate links between the Oklahoma City bombers and Arabs.
• Everyone with a microphone seems to be telling us the investigation of the Boston bombings will be complex and unhurried. Many recall how long it took to abandon suspicion of security guard Richard Jewell as the Atlanta Olympics bomber. It took two years to identify Eric Rudolph as the bomber and another five to arrest him. False leads will abound and forensic evidence will be sought, collected and analyzed. Some will be helpful, some will be misleading. With so many journalists present, initial coverage largely was self-correcting. The rumor of seven more bombs or a bomb at the JFK library was quickly spiked. The story that local officials blew up a third bomb lasted a little longer. That was half-correct: They blew up a package/backpack but it was not a bomb. There were only two bombs as of this writing.
Everyone with a microphone seems to be saying the Boston bombing investigation will be complex and unhurried. Many recall how long it took to abandon suspicion of security guard Richard Jewell as the 1996 Atlanta Olympics bomber. False leads will abound and forensic evidence will be sought, collected and analyzed. Some will be helpful, some will be misleading.
• If bombers hoped to create terror, the Boston Marathon was a smart choice: there would be lots of images from cell phones and the news media. It fits my theory of 9/11: the initial 2001 attack on the World Trade Center tower was timed to assure the news media would get full coverage of the jetliner flying into the second tower.
• Moving on from bloodshed, Rachel Richardson’s Enquirer story about dogs in the workplace was a smart story, especially part about socialization being vital to a dog fitting in.
And she pushed my nostalgia button. My first job out of college was night editing a daily paper in Italy. I bought a Belgian Shepherd (Groenendael) pup and named him Loki for the Norse trickster. His mother was a part-wolf/mountain shepherd's companion and father was an Italian ex-Army K9. With long, silky black coat, a plume of a tail, alert eyes and ears, Loki was an unbeatable chick magnet.
His socialization comprised strolling Rome, riding and waiting in my car, joining me in bars and restaurants, and lying under my desk at the Rome Daily American at night when I was the only journalist. I didn't know the breed is famous/infamous for one-person loyalty and instinct to protect: person, possessions, etc.
Loki didn’t approve of anyone approaching my desk when I was in the back shop where type was set, pages were composed and the press run. Anyone else would bring him to his feet, ears back, shoulder blades up, teeth bared . . . but silent. Even as a pup, he could be menacing. “Lupo siberiano,” or Siberian wolf, was the Roman nickname for the breed.
Night messengers who brought engraved zinc plates — photos for every edition in that ancient era of hot type and flatbed press — quickly learned to avoid the newsroom and come directly into the back shop. Loki was a force to be accommodated.
Away from the office, he’d curl up on my Sunbeam Alpine’s passenger seat and bite anyone who was silly enough to reach into the car in hopes of a quick theft.
He rarely let go before I returned and that could create Roman opera buffa. Loki’s victim typically threatened to call police about my vicious dog and — without telling Loki to let go — I offered to help by shouting for police. We never did call for police. When released, the would-be thief unfailingly walked away, cursing me for enticing him with an open sports car into what he hoped was a crime of opportunity.
When I worked days, Loki stayed home nearby. His socialization didn’t accommodate the chaos of a small, crowded newsroom with strangers coming and going.
Again, thanks for the reminder: fun, smart and god help us, mindful of Enquirer watchdog obligations.
• As anticipated here, the Cleveland Plain Dealer is following other Newhouse dailies by reducing home deliveries to three days a week: Sunday and two days to be named later. The PD says it will print seven days a week for street sales. It also plans to fire about a third of its newsroom staff. It’s a sad demise of what long was Ohio’s best daily.
• The Enquirer business section headline was “Survey: Downtown seen as more positive.” That’s also what the story said, based on what Downtown Cincinnati Inc. told the paper. The accompanying photo showed people playing in Washington Park in Over-the-Rhine. People feeling positive downtown just weren’t photogenic.
• Read Gina Kolata’s April 7 New York Times story on a new understanding of the role of red meat in heart trouble. It’s among the best story telling in a long time. It’s a complicated subject but she draws us in with researchers sitting down to sizzling sirloin breakfast “for the sake of science.” It gets even better as she explains that the science involves “a little-studied chemical that is burped out by bacteria . . . “ Talk about imagery. Send photos.
• NPR is killing its Monday-Thursday afternoon call-in show, Talk of the Nation, and we’ll all be poorer for it. Talk of the Nation involves civil, lengthy discussion of timely topics. NPR is working with Boston’s WBUR to create a program for Talk’s 2-4 p.m. time slot. NPR says member stations wanted a program more like Morning Edition and All Things Considered in the afternoon and evening. Too bad. Expect lots of canned (and cheaply produced) interviews that seem to be the promise of the new show.
• Journalists should refuse to name sources to whom they’ve promised confidentiality. The corollary, of course, is to ask first whether we’re willing to serve time for contempt of court if we reject a judge's demands that we break our word and name our source(s). In that sense, we probably don’t think it will happen to us and almost mindlessly promise confidentiality to encourage sources to talk to us.
So when there is a court confrontation, the refusenik journalist typically is cast as the hero and the judge as a mindless apparatchik and/or tool of the prosecutor. That’s too simple. Reporters are free to ask their sources to release them from their promise of confidentiality. Judges should compel testimony only when prosecutors have used every other way to identify reporters’ sources and silence could pervert justice. Judges are on the hot seat as much as reporters.
The latest unresolved contest involves Jana Winter who quoted unnamed law enforcement personnel when she reported that Aurora, Colo., gunman James Holmes sent an incriminating notebook to his psychiatrist before massacring moviegoers. FoxNews.com’s Winter said the notebook was filled with violent notes and drawings. Now that the apparently accurate information is out, I don’t see how the sources’ identities matter to a fair trial if there ever is one.
Rather, I like what Mark Feldstein, a journalism professor at the University of Maryland, told the New York Times: “If you required reporters to disclose their sources every time there was a minor leak in a high profile criminal case, the jails would be filled in America with journalists.”
• London’s Daily Mail reports the auction of a log book kept by the RAF navigator whose “bouncing bomb” breached a vital German dam during World War II. The raid was portrayed in the film, The Dambusters. The Daily Mail’s story was spoiled only by a photo of the unique bomb being dropped by a twin-engine plane; Dambusters flew four-engine Lancaster heavy bombers.
• Former British Prime Minister Margaret Thatcher is loathed to degrees that W and Obama cannot imagine. Her death last week sparked national demonstrations of joy even as the government and palace hoped that her almost-state funeral in London could be protected from demonstrators. Haters danced in the street, daubed “Rust in Hell” about the Iron Lady, and sang “Ding, Dong, the Witch Is Dead.” That forced BBC to decide whether to play that song from the Wizard of Oz movie on BBC radio shows dedicated to hit songs or on news programs about Thatcher’s life and death. The song reportedly became No. 1 on iTunes before the funeral and it was headed for the top of the pop charts, pushed by Thatcher haters. At last report, BBC’s director general said only a 5-second snippet would be allowed on the main radio channel. New to his job, he pissed off everyone.
• Patrice Lumumba was the Congo’s first prime minister after Belgium granted independence to the huge, potentially wealthy and criminally unprepared colony. He was murdered not long before I began working on the Congo border in Northern Rhodesia. He already was a martyr-hero of the Left when I studied African anthropology in London.
Lumumba’s abduction, torture and murder were popularly assumed to be a CIA operation, working with Belgians, rebels in copper-rich Katanga province, and others who coveted the Congo’s mineral wealth and mines.
Now, a curious news story in London’s Telegraph says Britain’s worldwide Secret Intelligence Service (MI6) engineered Lumumba’s death. More curious is the weight it gives to a second-hand source. It quotes Lord Lea of Crondall quoting Baroness (Daphne) Park of Monmouth, who was the senior MI6 officer in the Congo then, as saying she "organised it.”
Lord Lea told the Telegraph, "It so happens that I was having a cup of tea with Daphne Park – we were colleagues from opposite sides of the Lords – a few months before she died in March 2010. She had been consul and first secretary in Leopoldville, now Kinshasa, from 1959 to 1961, which in practice (this was subsequently acknowledged) meant head of MI6 there. I mentioned the uproar surrounding Lumumba's abduction and murder, and recalled the theory that MI6 might have had something to do with it. 'We did,' she replied, 'I organised it.'"
The Telegraph said Lord Lea claimed Baroness Park reasonably was concerned that Lumumba might be a communist siding with Soviet Russia. After all, African and Asian independence leaders like Lumumba, South Africa’s Mandela and others often found their most active Cold War support mainly in Moscow and the wider Communist movement.
Initially blaming the CIA wasn’t irrational. By Lumumba’s death in 1961, the CIA had engineered the overthrow of elected governments in Iran and Guatemala and botched the Bay of Pigs invasion to topple Cuba’s Fidel Castro.
Belgium apologized in 2002 for failing to prevent
Lumumba’s death. In 2006, the Telegraph said, “documents showed the CIA
had plotted to assassinate him but the plot was abandoned.”
Bike to Work Week today kicked off its series of morning commuter stations offering free coffee and treats all week long in an effort to encourage residents to try cycling to work, meet fellow cyclists and learn about bike advocacy. The city was scheduled to announce an award for its Bike Program this morning at the Coffee Emporium bike commuter station on Central Parkway in Over-the-Rhine.
Find a schedule of Bike to Work Week morning and afternoon commuter stations here.
The Enquirer over the weekend checked in with another of its “in-depth” pieces, this one detailing the huge amounts of money energy companies will make once they're allowed to treat northeastern Ohio's land like they do Texas. The story accurately described the fracking process as “controversial,” though it took the liberty of describing Carroll County as an “early winner” because 75 to 95 percent of its land is under lease to an oil or gas company. Here's a link to the weird slideshow-style presentation. And here's a sidebar on the issues surrounding fracking, which includes the following regarding the industry's oversight:
Fracking was exempted from the federal Safe Drinking Water Act under the Bush Administration, so it now falls under state jurisdiction. In Ohio, the Department of Natural Resources issues permits for all oil and gas wells, including fracking wells. The department also inspects the drilling of all wells in the state.
The New York Times came to Ohio to see how the good, working class folks feel about the president who has spent three-and-a-half years trying to help people like them during a recession he didn't start. Turns out many still won't vote for him because he's still black.
Madiera is a really nice suburb, and some residents plan to keep it that way by blocking developers from building luxury condos so “renters” can't move in and “alter the landscape of their charming suburb.”
Ohio State University has released a plan to combat hate crimes in response to several incidents on its campus this spring. The "No Place to Hate" plan includes 24 recommendations including a public safety division “hate crime alert” line staffed by operators. The OSU campus reportedly had a mural of President Obama defaced and found spray-painted messages supporting the death of Trayvon Martin.
Newsweek's May 21 cover shows Barack Obama with a rainbow-colored halo over his head and the headline, “The First Gay President.”
National media are talking about HBO's Weight of the Nation, a four-part documentary detailing America's obesity epidemic. CityBeat's Jac Kern told y'all about it last week.
John Edwards' defense attorneys are reportedly basing a lot of their case on the definition of the word “The.” That should go well.
satellite has taken an awesome 121-megapixel photo of Earth.
The Enquirer’s top boss has told CityBeat that her connection to a major real estate development group was “overlooked” in a lengthy, front-page article about the organization that was published April 15.
Publisher Margaret Buchanan wrote in response to an email that she didn’t influence the preparation, editing or placement of an article about the Cincinnati Center City Development Corp. (3CDC). Buchanan sits on 3CDC’s executive committee, and is in charge of overseeing publicity and marketing efforts for the organization.
The Enquirer published a 1,900 word-plus article about 3CDC, lauding the group for its efforts to redevelop Over-the-Rhine despite the economic downturn. Buchanan’s role with 3CDC wasn’t mentioned, but she told CityBeat it has been disclosed in past articles and will be done again in the future.
Buchanan’s response was sent the same day that CityBeat published a column criticizing the lack of disclosure, and questioning whether her role violates The Gannett Co.’s ethical guidelines for news-gathering.
Here’s the full text of Buchanan’s response:
Over several years, The Cincinnati Enquirer has fully covered the pro's and con's (sic) of 3CDC's development efforts in Over-the-Rhine for our readers and we are very proud of that coverage.
As publisher, I sit on 3CDC's executive committee — and did not influence any of the reporting on this issue. Our editor is completely responsible for all editorial decisions. Typically my participation on this committee is disclosed, although it was overlooked for the article that ran on Sunday, April 15. It will continue to be disclosed in the future.
A search using the ProQuest database of The Enquirer’s archives found that the newspaper has published 481 articles and news briefs mentioning 3CDC since the group began its efforts in 2004. (Given how the database is organized, however, it’s likely that some of the entries might be duplicative.)
Of the 481 entries, Buchanan was mentioned in 15 articles. That equates to about 1/32nd of the articles.
Most of the published mentions about Buchanan’s ties to 3CDC weren’t in articles about the group’s retail and residential development projects. Rather, they mostly occurred in articles about 3CDC’s efforts to move a homeless shelter away from Over-the-Rhine.
Also, one mention was in an article about the new School for Creative and Performing Arts, while another occurred in a piece marking the 10th anniversary of the police shooting death of Timothy Thomas.
Interestingly, most of the mentions occurred after 2010, when local blogger Jason Haap and CityBeat began publishing items about the lack of disclosure.
This week’s Porkopolis column mentioned Gannett’s ethics code, which includes such admonishments as “We will remain free of outside interests, investments or business relationships that may compromise the credibility of our news report,” and “We will avoid potential conflicts of interest and eliminate inappropriate influence on content.”
The code also states “When unavoidable personal or business interests could compromise the newspaper’s credibility, such potential conflicts must be disclosed to one’s superior and, if relevant, to readers.”
In her email, Buchanan didn’t address why these rules don’t apply to her connection to 3CDC.
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."
There it was, splashed across the front page of Sunday's Enquirer in big, bold letters: “Poll Puts Chabot in Lead.” The headline used for the Internet version was, as usual, even more excitable: “Poll: Chabot Leads Big Over Driehaus.”
The article was about a poll that Cincinnati's only daily newspaper commissioned on Ohio's 1stCongressional District race, using the Survey USA polling firm. Its results show Republican Steve Chabot leading Democratic incumbent Steve Driehaus by 12 points, or 53 percent to 41 percent.
But does the poll provide a complete picture of the race?