A ruling that resulted in a temporary halt in Ohio executions last week means there are 148 inmates on Ohio's death row with uncertain futures. Ohio's death penalty is currently under scrutiny, largely due to opposition that's been raised from documented failures to follow protocol in state executions.
In January, Federal District Court Judge Gregory Frost of Newark, Ohio halted condemned murderer Charles Lorraine's Ohio execution because Ohio has allegedly demonstrated problems over the last several months upholding the execution protocol the state put in place itself in 1981. On Feb. 8, the U.S. Supreme Court upheld Frost's decision, saying that because Ohio had been proven to stray from its own execution policies, it couldn't be trusted to carry out Lorraine's execution or any other death sentences. The next execution in Ohio is scheduled for April.
Frost is one of several advocating for the abandonment on Ohio's death penalty. "For close to eight years, the Court has dealt with inmate challenges to the constitutionality of Ohio’s execution protocol. During that time, the litigation has morphed from focusing primarily on allegations of cruel and unusual punishment to allegations of equal protection violations. Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," said Frost in his written opinion.
He goes on to describe instances in which state agents lied to the Court concerning state executions, expressing frustration about the state's lack of commitment to constitutional execution. "No judge is a micro-manager of executions and no judge wants to find himself mired in the ongoing litigation in which he must continually babysit the parties," said Frost.
That's just a piece of it; there are other judicial bigwigs hoping to have Ohio's death penalty overturned, including Senior Associate Justice for the Ohio Supreme Court Paul Pfiefer, who helped write Ohio's death penalty law when he was a state senator more than 30 years ago. According to Pfeifer, he's changed his mind because he sees the option of life without the possibility of parole more moral and socially beneficial.
Evidently, most of the deviations from the execution regulations were minor paperwork technicalities. Huffington Post reports the errors included switching the official whose job it was to announce the start and finish times of the lethal injection and not properly documenting that the inmate's medical records were reviewed.
Those in support of the hold, however, make another point. Controlling life and death is the most important power the state of Ohio holds; if it can't follow minor rules that it set for itself, who's to say there won't be larger, more detrimental errors in the future?
It's difficult to tell whether or not Ohio will just get a slap on the wrist for its slip-ups or if reform will be seriously considered. The death penalty has almost always been a part of Ohio's history, since it became a state in 1803. Ohio ranked third in the U.S. for executions among the 34 states that have the death penalty in 2011.
Listen to Paul Pfeifer and hear more about the controversy on The Sound of Ideas radio program below.
In this week’s Porkopolis column, I wondered how Cincinnati Vice Mayor Roxanne Qualls felt about “being continually used as a human shield” by City Councilman Chris Bortz on an issue of a potential conflict of interest.
Apparently, the answer is, “Not too good.”
Hamilton County Democratic Party Chairman Tim Burke is asking for a special meeting of the county's Board of Elections to investigate what he says are false claims made by Steve Chabot and Mike Robison.
Chabot and Robison allegedly have told people that State Rep. Denise Driehaus (D-31st District) has contacted the Board of Elections about switiching her name on the fall ballot from Driehaus to her married surname. The implication is that she is trying to distance herself from her brother, Congressman Steve Driehaus (D-Price Hill), who is in a heated campaign against Chabot.
According to the latest Census statistics, women earn 77 cents for every dollar earned by men. If the numbers in Kasich's offices meshed up with that statistic, women working in his office should, in theory, be making about $60,000 compared to men's $77,730.88. What gives? Perhaps it has something to do with Kasich simply not wanting to employ women in high-power positions in his office, instead relegating them to lower positions; it was Kasich, after all, who famously said, "I had a woman campaign manager, I have a woman lieutenant governor, I have a woman finance chairman, and I’m married to a woman with two daughters, OK? I’ve said all along, I really wish I could get some guys around me."
Either way, the gap in Kasich's office should raise some eyebrows about staffing and salary decisions by the state governor.
Critics of the existing pay gap nationwide insist that it continues to triumph because of occupational and lifestyle choices (e.g., not as many women pursue high-paying, elected positions), "rigorous analysis of data by labor economists Francine Blau and Lawrence Kahn found
that over 40 percent of the pay gap cannot be explained by such
differences, concluding that 'there is evidence that…discrimination does
still continue to exist.'" according to this article published by the Center for American Progress, an independent, nonpartisan educational institute.
A congresswoman's lawsuit against a local businessman and onetime political opponent is featured in an article today on the popular Politico website.
U.S. Rep. Jean Schmidt (R-Miami Township) is suing David Krikorian, who ran as an independent against Schmidt in 2008 for Ohio’s 2nd Congressional District and also unsuccessfully ran in the Democratic primary for the same seat last year. He lost that race to Surya Yalamanchili, a former contestant on a reality TV show who lost the general election to Schmidt by capturing 35 percent of the vote.
West Chester's favorite son — who is now second in line to the presidency — doesn't come off well in the lengthy article by political writer Matt Taibbi, who quotes both named and anonymous sources from both sides of the political aisle who have worked with Boehner over the years.
The Catholic Archdiocese of Cincinnati has been mired in quite a bit of trouble over the past several years for its morally outdated (and unjust) policies, and now one of the allegations has reached the courts. Today marked the second day of juror hearings in a schoolteacher's lawsuit against the Archdiocese and the two schools from which she was fired for violating her civil rights.
In 2010, schoolteacher Christa Dias, a single, non-ministerial employee at both Holy Family and St. Lawrence Schools, parochial schools owned and operated by the Archdiocese of Cincinnati, became pregnant via artificial insemination. At five and a half months pregnant, she asked her employers for something millions of U.S. women ask for every year: maternity leave.
She got more than she bargained for, though, when her employers fired her, assuming Dias had engaged in premarital sex (one of the many "moral" no-nos in the Catholic Church — for women, at least). She was informed that she was let go because she'd violated a moral clause in the Catholic doctrine that she'd agreed to adhere to when she signed her employment contract, which, in the eyes of the Catholic Church, makes it okay to discriminate when the discrimination falls under something called "ministerial exception" — a pesky and vague part of civil labor laws exempting religious policies from some basic rules for equality in the workplace.
Ergo: Women who are fired by the Catholic Church for getting pregnant face unfair discrimination because men aren't held to the same standard. Obviously, it's impossible to detect whether or not single male employees are engaging in premarital sex (but they probably are). The basis of Dias' lawsuit is that that little gender caveat is an inherent for of discrimination against women because women and men aren't held to the same moral standards.
According to the AP, Dias today told jurors she didn't realize that artificial insemination was a violation of church doctrine or that having the procedure could get her fired. The archdiocese's attorney, Steve Goodin, says that Dias was not discriminated against because she signed a contract that clearly commanded she abide by the Catholic doctrine.
CityBeat reported on a similar case of discrimination by the Catholic Church earlier this year ("Unforgiven Offenses," issue of Jan. 9, 2013), which detailed a lawsuit filed in the U.S. District Court of Southern Ohio by former schoolteacher Kathleen Quinlan, who was also fired from her non-ministerial position at Ascension Catholic School in Kettering, Ohio, in December 2011 after she approached her principal, told him about her pregnancy and offered to work behind-the-scenes until she gave birth.
Again, her employers and the Archdiocese used the "morality clause" to defend their position.
And then there was Johnathan Zeng ("Gays, Even Christians, Need Not Apply," issue of June 13, 2012), who was offered a job as a music teacher at Cincinnati Hills Christian Academy (CHCA) Armleder School after two weeks of discussions; Zeng even put on a teacher demonstration in front of a third grade class. When a board representative asked him point-blank if he was gay, Zeng told the truth: yes, he was gay. All of a sudden, Zeng was out of the running, even though he was already pinpointed as the most qualified applicant.
The outcome of Dias' case could set a major precedent for courts ruling on ministerial exception in the future. Last year, the Supreme Court ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, courts sided with the church in a fired teacher's discrimination lawsuit, ruling that because she had some religious duties as a teacher, federal discrimination laws didn't apply.
Some local Catholics, at least, are firing back against the archdiocese's archaic policies; recently, Debra Meyers was ordained as Cincinnati's first female Catholic priest by the Association of Roman Woman Catholic Priests, despite opposition from local Catholic leaders and the Vatican. Read our interview with her here.
An investigation by nonprofit journalism group ProPublica has uncovered the identity of one of the secret super PACs funding advertisements attacking U.S. Sen. Sherrod Brown (D-OH) and promoting his challenger, Ohio state treasurer Josh Mandel.
The group is the Government Integrity Fund and is headed by Columbus lobbyist Tom Norris. Norris’ lobbying firm Cap Square Solutions employs former Mandel aide Joe Ritter.
Ritter declined to comment to ProPublica about his role with Norris’ lobbying firm or whether he is involved with the Government Integrity Fund.
The race between Brown and Mandel is considered vital to Republicans who want to take control of the Senate and Democrats who want to hold on to their majority. It has turned into Ohio’s — and the nation’s — most expensive race.
The Associated Press reported in August that outside groups — like the Government Integrity Fund — have spent $15 million supporting Mandel, while similar groups have spent $3 million for Brown.
It’s unknown where the money is coming from because federal regulations and the U.S. Supreme Court’s Citizens United case allow the groups to spend unlimited amounts of cash on political ads without disclosing their donors.
Such groups are classified as non-profit “social welfare” groups, which don’t have to release donor information or register with the Federal Election Commission. They’re supposed to be “primarily” engaged in promoting social welfare.
Super PACs aren’t supposed to coordinate with campaigns, but it is common for them to hire politicians’ former aides.
According to ProPublica, Ritter was first hired by Mandel as an aide when the candidate was in the Ohio Legislature. He was then the field director for Mandel’s state treasurer campaign and then became a constituent and executive agency liaison when Mandel won that race. He left the treasurer’s office after six months to work for Norris’ lobbying firm.
Ritter was part of an ethics complaint filed after a Dayton Daily News investigation into Mandel’s practice of hiring former campaign workers for state jobs. Ritter has contested the charges.
Norris' ties to the Government Integrity Fund was discovered by ProPublica through documents filed with Cincinnati NBC affiliate WLWT. The Federal Communication Commission requires TV stations to keep detailed records about political advertisers.
Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.
A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.
Krikorian is claiming victory in the dispute, and told CityBeat the lawsuit was an intimidation tactic by well-funded special interests.
“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money. It did not work.”
Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.
During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.
But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.
Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as one of the most corrupt members of Congress.
All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.
“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman, told The Enquirer today about dropping the lawsuit.
The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.
Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.
Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.
“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,” Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”
When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”
For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.
“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”
Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.
Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.