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by German Lopez 10.02.2012
Posted In: News, Police at 09:51 AM | Permalink | Comments (0)
 
 
taser

Taser Study Finds Problematic Policies in Hamilton County

At least 16 county agencies deploy outdated Tasers

A study on Taser use in Hamilton County released Oct. 1 by a local law firm that has represented Taser victims in the past four years seeks to shed light on the problems behind Taser use in the county and nationwide.

The study, which looked at 39 law enforcement agencies around Hamilton County through public record requests, listed a few key findings:

  • Out of the 39 agencies, 33 use Tasers.
  • 94% of agencies’ materials do not adequately warn that Tasers can capture the heart rhythm of the subject, possibly leading to death.
  • 67% of policies permit upper chest shots despite the manufacturer’s warning moving the preferred target zone away from the upper chest.
  • 70% of policies do not instruct officers to consider the seriousness of the crime before deciding whether or not to use the Taser.
  • 33% policies do not specifically instruct officers to consider the risk of secondary impact of falling from an elevated surface subsequent to Taser use. 
  • 27% of policies do not restrict Taser use on vulnerable populations such as juveniles, elderly individuals, or the visibly pregnant despite the increased risk associated with those populations. 
  • 100% of policies fail to require that Tasers output be tested to ensure that the actual performance of the device is within manufacturer’s specifications. 
  • 73% of policies do not require an investigation that includes a data download from the Taser’s memory chip after use to independently verify the number and duration of shocks delivered to the subject. 
  • 15% of policies explicitly authorize officers to use their Taser on a fleeing subject, regardless of the crime or the threat to the public. 
  • At least 16 of the agencies deploy Tasers that are older than their estimated useful life. 
  • Two agencies that deploy Tasers maintain no Taser-specific policy.
  • One agency deploys Tasers even though the agency’s policy prohibits their use

The study also pointed out that the tension behind Taser use “does not exist only in the abstract,” referencing the more than 500 deaths involving Taser use in the United States.

Al Gerhardstein, the local attorney behind the study, hopes the findings will lead to a change in Taser policies around the county.

Tasers, which get their name off the company that manufactures them, are supposed to be nonlethal weapons. They work by firing two barbs into a subject. The barbs then penetrate the target's skin and deliver a shock of high voltage, causing temporary paralysis. The weapons are supposed to allow police officers to subdue a dangerous target without resorting to potentially lethal force. The most common Taser model is the X26.

On Sept. 18, the Cincinnati Police Department established new guidelines for Taser use, which the department now says are adequate for dealing with the problems found in Gerhardstein’s study. The new policy disallows the use of frontal shots except in situations involving self-defense and the defense of others, reinforces the fact officers need to make sure force is necessary and specifically points out people have been injured due to Taser use in the past.

 
 
by Andy Brownfield 09.11.2012
Posted In: Police, News at 02:43 PM | Permalink | Comments (1)
 
 
police crash copy

Investigation: Police Chase Violated Procedure

Pursuit of teenagers resulted in crash, injuries not in compliance with department policy

An internal police investigation determined that officers acted improperly in a July 10 car chase that ended up with one child seriously injured and four teenagers hurt.

The Professional Standards Section investigation, dated Sept. 4, determined that Specialist Diana Cloud violated department policy and procedure when she pursued a car full of the youths, who had allegedly stolen snacks from a Norwood United Dairy Farmers.

Two of the five girls allegedly took the snacks from the store and got into a car driven by a 16-year-old. Cloud, who investigated the alleged theft, saw the car drive near the UDF and pursued it in her cruiser. During the chase — in which Cloud reached 75 miles per hour in a 35-mph zone — the girls’ car crashed into a steel utility pole, sending one to the hospital with a fractured skull and bleeding brain.

The investigation found that Cloud’s pursuit was not in compliance with department procedure because of her failure to stop at an intersection, driving more than 20 mph over the speed limit and failure to turn on her digital voice recorder during the chase.

The report determined that the girls’ injuries were a result of the driver’s inability to control her car.

A May 2011 CityBeat look at a study of police car chases found that almost 40 percent of them result in accidents.

A National Highway Traffic Safety Administration study examining deaths resulting from police pursuits found that more than 6,000 crashes and 7,500 deaths were caused by such chases. Almost 2,000 of those deaths — recorded nationally between 1982 and 2008 — were innocent bystanders.

The Cincinnati Police Department has a policy in place since the early 1990s dictating when to chase or not to chase, when to break off pursuit and how to conduct chases as safely as possible. 

According to the investigation into the July 10 pursuit, Specialist Cloud had decided to break off her pursuit due to the high speed just before the crash occurred, but could not report her decision due to high radio traffic.

 
 
by Danny Cross 07.12.2012
Posted In: 2012 Election, News, Police, Technology, Science at 09:00 AM | Permalink | Comments (0)
 
 
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Morning News and Stuff

A new survey by the Coalition for a Drug-Free Greater Cincinnati found that local teenage marijuana use is up slightly. Mary Haag, president and CEO of the coalition, says it’s the organization’s biggest concern — makes sense considering the organization is dedicated to creating a drug-free Cincinnati, but shouldn’t someone be concerned about this, too?

Cincinnati police will stop using a certain breathalyzer machine due to a recent court ruling that the machine must be cleared after each use. City Prosecutor Charlie Rubenstein says attorneys are consistently questioning in court the Intoxilyzer 8000’s use, causing a backload of cases.  

President Obama will visit Cincinnati on Monday, though no details have been released. 

Mitt Romney might not like running as a potential Bush third term, but he’ll take whatever money Dick Cheney can raise for him at an event in Wyoming. 

In response to heated negotiations over the price of Viacom networks such as Nickelodeon, MTV, VH1 and Comedy Central, DirecTV this week told its users where to find Viacom content online for free (Viacom's website). Viacom yesterday shut down the free streaming shows, replacing them with a video explaining how to complain to DirecTV that SpongeBob SquarePants isn’t available and your kids are pissed.

Former FBI Director Louis Freeh said a report released today that Penn State and Joe Paterno concealed critical facts about Jerry Sandusky and showed a total disregard for the safety of his victims. 

A new drug has been found to protect healthy people exposed to HIV, and the U.S. Food and Drug Administration for the first time is considering approving a drug which could prevent individuals from acquiring the virus.

Hackers released 453,000 Yahoo! passwords, potentially helping many log into their accounts after forgetting their passwords years after switching to Gmail.

The Hubble telescope found a fifth moon orbiting Pluto, which is still not a planet anymore. 

 
 
by Danny Cross 05.18.2012
 
 
hunter

Morning News and Stuff

After 18 months in the courts, Democrat Tracie Hunter has won a Hamilton County Juvenile Court judgeship, but a GOP challenge to the court's acceptance of Hunter's challenge is likely to follow. Republican John Williams led hunter by 23 votes on election night 2010, but Hunter filed a lawsuit over provisional ballots cast at incorrect polling stations that weren't counted. After a recount of 286 provisional ballots, Hunter moved ahead by 74 votes. Republican board of election members reportedly plan to argue that the 286 should not have been recounted.

The Enquirer's Mark Curnutte today offered an analysis of recently released census data that shows a steady growth of the regional Hispanic population and a growth of minority population in areas outside the city that were once largely white. Cincinnati's data suggests that the city and region are slightly different than the nation's overall trend, which in 2011 for the first time found a majority of the country's under 1-year-old population minority (50.4 percent), up from 49.5 percent in 2010.

Included in The Enquirer's story, which included a profile of a Mexican-American Florence family that moved to Northern Kentucky eight years ago from Los Angeles:

A decrease of 1.3 percentage points in Hamilton County’s black population under 5 was countered by increases in the black population under 5 in each of the region’s six other core counties: Butler, Clermont and Warren in Ohio and Boone, Campbell and Kenton in Kentucky.

Overall, the regional population of Hispanic children under 5 years rose from 7,583 in 2010 to 8,032 in 2011, a proportional increase of 0.4 percentage points to 6.1 percent.

The family of a teenager fatally shot by a Cincinnati police officer on Fountain Square last summer has filed a federal lawsuit alleging police used excessive force and violated 16-year-old Davon Mullins' constitutional rights. Police say Mullins pulled a handgun, but the lawsuit says he had been disarmed before officer Oscar Cyranek shot him multiple times.

Cincinnati's Bike Month revelers and Over-the-Rhine residents received some good news this week when Reser Bicycle Outfitters announced the opening of an OTR location. The store could open by June 1 in the 1400 block of Vine Street.

Legislation regulating ownership and breeding of exotic animals has been approved by the Ohio House Agriculture and Natural Resources Committee, 17-4. Senate Bill 310 could get through the full House and Senate next week and be signed by Gov. John Kasich soon afterward. The ban on the acquisition, sale and breeding of certain species would take affect 90 days later.

Europe is preparing for Greece to completely duck out of the Eurozone. The world markets are feeling the pressure.

Mitt Romney has released his first general election TV ad. And he's giving cookies to the media.

Former Senator John Edwards will learn his fate today, as a jury was set to deliberate this morning on charges that Edwards used campaign funds to conceal an affair during his run for president.

More than 200 pages of documents, photos and audio recordings were released yesterday offering further details about what happened the night George Zimmerman shot and killed Trayvon Martin.

The documents include an FBI audio analysis of the 911 call placed by a resident that captured yells and screams. Two FBI examiners said they could not determine whether it was Martin or Zimmerman yelling because of the poor quality of the recording and the "extreme emotional state" of screamer.

The AP is live-blogging Facebook's stock market debut. Why does Bono have so much Facebook?

Cell phone maker Nokia has accused Apple of programming bias into its interactive Siri voice search by making it answer the question “What is the best smartphone ever?” by stating “"Wait... there are other phones?" The answer had apparently previously been “Nokia's Lumia 900.” Apple won't say whether or not it changed Siri's answer after finding the glitch.

A new study suggests that nighttime fasting can go a long way toward keeping you slim even if you eat bad stuff during the day.

Scientists have found a car-sized turtle shell.

The private space launch is scheduled for 4:55 a.m. Saturday, and there will be alcohol involved.

 
 
by Danny Cross 05.10.2012
 
 
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Morning News and Stuff

In news you've likely already heard from your favorite website, social network, radio station, print publication, TV or the guy in your neighborhood who likes to talk about current events, President Barack Obama yesterday announced his support for same-sex marriage, becoming the first-ever sitting president to do so. The news has spawned analysis from across the land, ranging from “risky but inevitable” to “matters less than you think.” The Enquirer says the decision is going to “echo in Ohio” (whatever that means).

One thing we know for sure: Hollywood celebs are preparing to pack George Clooney's house tonight and fill up Obama's briefcase with money.

The “No. 2 official at the Hamilton County Sheriff’s Office” says the jail being next to the casino will be bad for business, according to an Enquirer story detailing worries over jail overcrowding leading to accused criminals to go into the casino to “get warm, panhandle customers or just give visitors a bad impression of Cincinnati.”

Hamilton County Commissioner Todd Portune yesterday cancelled a new truck order for Paul Brown Stadium, instead giving the vehicles to Parking Operations. Parking Operations was supposed to get the stadium's used trucks after the stadium received new ones, but Portune said the stadium doesn't need brand new stuff all the time.

Up north, Columbus Mayor Michael Coleman says his city wants an NBA basketball team now that the public has purchased the arena the Columbus Blue Jackets play in.

Poll watch: Portman on GOP ticket doesn't change Ohio race

New claims for unemployment benefits dropped again last week, nearing a four-year low.

Facebook will soon launch an App Center, because it's so annoying to have to leave Facebook to get cool new apps.

Famous hairdresser Vidal Sassoon died yesterday after a bout with leukemia. He apparently played a large role in creating “wash and go” hairstyling and later revolutionizing the hair-care industry. Here's a Philadelphia Inquirer obit. And five ways Vidal Sassoon changed people's hair. Sassoon, according to the book Insider's Guide to Cincinnati, had a home in Mount Adams (his wife was a Greater Cincinnati native).

 
 
by Kevin Osborne 05.01.2012
 
 
osha

Morning News and Stuff

A federal investigation into a January construction accident at the Horseshoe Casino site is now completed and the fines in the case have been reduced. The Occupational Safety and Health Administration originally imposed $108,000 in fines, but has since cut that amount in half. Thirteen workers were injured when a concrete floor they were pouring gave way. Four firms were cited in the mishap.

An article in a journal published by the American Heart Association states that a review of eight cases indicates the use of electrical stun guns by police can cause cardiac arrest. Douglas Zipes, a physiologist with Indiana University, wrote the article that examines the effects of the Taser X26 ECD. At least three people have died locally in recent years after being shocked by Tasers, most recently a North College Hill man who was shocked at the University of Cincinnati last August. Police in Colerain Township and Fairfax have stopped using stun guns, but Cincinnati police officers still use the devices.

A single woman who used artificial insemination to become pregnant has filed a federal lawsuit against the Archdiocese of Cincinnati after she was fired from her teaching job at a Catholic school. Christa Dias, who was fired in October 2010, isn't Catholic and says she wasn't aware of the church's teachings against the procedure. She taught computer classes and had no ministerial duties at the school. Employment law experts expect the issues involved in the case will attract national attention and could set a precedent.

Nine local schools will receive part of a $21 million federal grant given to the state of Ohio to help improve low-performing schools. The Cincinnati facilities that will get aid are Rothenberg Preparatory Academy, Woodward Career Tech High, South Avondale Elementary, William H. Taft Elementary, George Hays-Jennie Porter, Schroder Paideia High, West Side Montessori High, Oyler and the district's Virtual High School. Local school officials say the grant money has been used the past two years to take all but one school out of the “academic emergency” classification.

Cincinnati City Council could vote as soon as Wednesday on a proposal to extend insurance benefits to the same-sex partners of city employees. A council committee voted 8-0 Monday to give tentative approval to the plan, which was lobbied for by Councilman Chris Seelbach, the first openly gay man to serve on the group. The benefit is expected to cost the city between $300,000 and $540,000 annually, depending on how many claims are filed. Councilman Charlie Winburn, a Republican and evangelical Christian minister, abstained from the vote.

In news elsewhere, documents seized from Osama bin Laden's hideaway in Pakistan after his death reveal the terrorist leader was worried about al-Qaeda's image. The records show bin Laden trying to reassert control over factions of loosely affiliated jihadists from Yemen to Somalia, as well as independent actors whom he believed had sullied al-Qaeda’s reputation and muddied its central message. Bin Laden was killed in a raid by Navy SEALs on May 2, 2011.

British lawmakers said today that global media tycoon Rupert Murdoch is unfit to run a major company and should take responsibility for a culture of illegal telephone hacking that has shaken News Corp. A parliamentary committee said Murdoch and his son, James, showed "willful blindness" about the scale of phone-hacking that first emerged at Murdoch's News of the World newspaper. In the United States, Murdoch owns the Fox News Channel, The Wall Street Journal and The New York Post.

President Obama expressed support Monday for the blind Chinese dissident at the center of a standoff between Beijing and Washington. Speaking at a press conference, Obama said he wouldn't address specifics of the Chen Guangcheng case, but then went on to urge Beijing to address its human rights record. It's believed that Chen is hiding at the U.S. Embassy in China, but officials have declined to confirm the speculation or whether negotiations are underway.

Although most Republican politicians are united in their opposition to federal health-care reforms known as “ObamaCare,” they disagree on what should replace it, Politico reports. Even after three years of railing against Obama’s plan, Republicans haven't coalesced around a full replacement plan. Although most Republicans support the health law’s requirement that insurance companies accept all applicants, the main replacement plan put forward by the GOP ignores that idea.

Violence continues in Syria between government forces and rebels despite both sides agreeing to a United Nations-sponsored ceasefire. A human a rights group reported 10 civilians were killed in an army mortar attack and 12 soldiers killed in a firefight with rebel gunmen today as U.N. monitors tried to broker an end to the fighting, which has lasted more than a year.
 
 
by Kevin Osborne 04.25.2012
 
 
pit bull

Morning News and Stuff

Cincinnati City Council took the first step Tuesday in repealing the city's ban on owning Pit Bull terriers. Council's Livable Communities Committee voted 5-1 to support repeal, saying it was unfair to single out a specific breed for harsher treatment. Experts have said Pit Bulls aren't inherently vicious, and that their treatment and training by their owners is responsible for any bad behavior. Councilman Cecil Thomas opposed the repeal, stating he was concerned about “enforcement issues.” The full City Council could make a final decision as soon as this afternoon. CityBeat examined the ban in-depth here.

Police Chief James Craig met Tuesday morning with 19 ministers and community leaders in an Avondale church. Craig wants to create a partnership with clergy to combat youth violence and shootings. It was the second such session that Craig has held this month. Since police presence was increased in Avondale April 2, no more shootings have occurred in the neighborhood.

A Cincinnati police officer was hospitalized after being hurt for the second time on the job. Officer Jerry Enneking has survived four car crashes while on-duty. The 23-year police veteran was rear-ended in a five-car crash Tuesday. Seeing another driver trapped, Enneking ignored his own injuries and helped rescue the person.

Tim Tebow, the prayerful quarterback for the New York Jets, will be in town today for two events at Cincinnati Christian University in Price Hill. The first already is sold out, but there are $500 tickets still available for a banquet. Both events will focus on how Tebow balances his life in the NFL with his faith.

The School for Creative and Performing Arts (SCPA) in Over-the-Rhine is being awarded a $45,000 grant from the National Endowment for the Arts. The SCPA competed with more than 300 other groups for the cash, which will be used to support the school's Master's Artist Series and Artists in Residence programs for the next school year.

In news elsewhere, an ex-drilling engineer for BP Oil has been arrested on charges of intentionally destroying text messages sought by federal authorities as evidence in the wake of the April 2010 Deepwater Horizon oil spill disaster. The charges of obstruction of justice filed against Kurt Mix, in the Eastern District of Louisiana, are the first criminal charges connected to the oil spill. If found guilty, Mix could face up to 20 years in prison and up to $250,000 in fines for each count.

As expected, Willard Mitt Romney swept the five Republican presidential primaries held Tuesday. The former Massachusetts governor got 67.4 percent of the vote in Connecticut, 56.5 percent in Delaware, 62.4 percent in New York, 58 percent in Pennsylvania, and 63.2 percent in Rhode Island. Most of the other GOP contenders have conceded the nomination race to Romney.

During the presidency of George W. Bush, the United States had the worst job creation record in decades, suffered the worst recession since the Great Depression and borrowed billions of dollars from China to support two wars. If you've been wondering how Romney or other Republican politicians running for office would do anything differently, wonder no more. Alexandra Franceschi, a spokeswoman for the Republican National Committee, said in an interview last week that the GOP's economic platform will be the same as that under Bush, just “updated.” There, voters: You have been warned.

A Brooklyn district attorney is resisting a public records request to divulge the names of 85 Orthodox Jews arrested on sex charges there during the past three years. Brooklyn District Attorney Charles Hynes says the "tight-knit" nature of the Orthodox community makes it impossible to disclose the identities of abuse suspects without also identifying their victims. A Jewish newspaper might file a legal challenge to the decision.

Despite numerous cuts to government spending in the name of austerity — or perhaps because of it, if you listen to some economists — the United Kingdom has now officially sunk into a double-dip recession, its first since the 1970s. Economic indicators reveal the U.K. economy has performed even more weakly since the current financial crisis began than in the Great Depression.

 
 
by Kevin Osborne 04.24.2012
 
 
streetcar display

Morning News and Stuff

Cincinnati's streetcar project manager told City Council Monday that top level officials from the city and Duke Energy are continuing negotiations on who should pay for the relocation of underground utilities for the project. Chris Eilerman, an assistant to the city manager, called the discussions “fruitful.” City officials say some of the cost should fall to Duke as some of the pipes and wiring are old and will need to be eventually replaced regardless of the streetcar project. A CityBeat review of streetcar projects in other cities found that utility companies often paid the entire cost for relocation.

About 55 percent of hospitals think they will experience a drop in revenue because of federal health-care reform, according to a new survey. Twelve percent anticipate an increase in revenue and 28 percent don’t know what to expect, according to research by Woburn, a Massachusetts-based benefits consulting firm. The Business Courier reports that Greater Cincinnati hospitals are taking steps to make the best of the reform including forming tight networks with physicians and other providers in order to pursue quality-improvement initiatives the government is promoting.

Cincinnati Police Chief James Craig told City Council that some violent crime is the result of lack of parental involvement in their children's lives. At a special council session Monday evening to discuss a recent spike in shootings, Craig said each homicide costs a community millions of dollars in various expenses, so it's in everyone's best interests to try to reduce the crimes.

Ohio's tax-credit program for film production has helped create work for thousands of people, and sparked millions of dollars in economic impact, according to a new study. The report, compiled by the Center for Economic Development at Cleveland State University, estimates that each dollar of state tax breaks results in $1.20 in economic impact. The tax credits have cost the state some $30 million so far, the study reports. The film industry has created more than 9,000 temporary jobs and more than 1,100 full-time jobs in the Buckeye State since 2009.

ESPN will shoot a TV commercial promoting its popular College GameDay football show at a campus selected by fans based on online voting. Every college with a Division I football team is eligible to compete for the honor, and the University of Cincinnati is encouraging its fans to participate. Voting in the contest began Monday, and can be done here.

In news elsewhere, Republican presidential primaries are being held today in New York, Connecticut, Delaware, Pennsylvania and Rhode Island. A total of 228 delegates are at stake, although frontrunner and presumptive nominee Willard Mitt Romney is expected to easily win the primaries. Of the five states, only Pennsylvania is considered as a swing state that could go either way in November's general election.

Facebook's stunning growth might be starting to cool a little. The social media company reported its first quarter-to-quarter revenue decline in at least two years as it prepares to go public in the largest ever Internet IPO. Net income slid 12 percent to $205 million in the quarter, from $233 million a year earlier, which executives blamed on seasonal advertising trends. Facebook is preparing to raise at least $5 billion in an initial public offering that could value the world's largest social network at up to $100 billion.

A nonpartisan group that advocates for open government has filed an IRS complaint against a secretive conservative group, alleging it is falsely claiming tax-exempt status while doing widespread lobbying. Common Cause filed the complaint Monday against the American Legislative Exchange Council (ALEC), which has pushed for voter ID and “stand your ground” laws, among many other efforts. "It tells the IRS in its tax returns that it does no lobbying, yet it exists to pass profit-driven legislation in statehouses all over the country that benefits its corporate members," said Bob Edgar, president of Common Cause. The group wants an audit of ALEC's work, penalties and the payment of back taxes.

The net flow of Mexicans into the United States has dwindled to a trickle and may now be in reverse, according to a survey by the Pew Hispanic Center. From 2005-10, about 1.4 million Mexicans immigrated to the U.S., exactly the same number of Mexican immigrants and their US-born children who quit America and moved back or were deported to Mexico. By contrast, in the previous five years, about 3million Mexicans came to the U.S. and fewer than 700,000 left it. Poor economic conditions and an increase in border patrols are being credited with the reversal.

Israel has approved three settlements in the occupied West Bank, the office of Prime Minister Binyamin Netanyahu has said in a statement. At a meeting late on Monday, a ministerial committee "decided to formalize the status of three communities which were established in the 1990s following the decisions of past governments," the statement said. The formal approval was criticized by Palestinians, who said it's another impediment to peace talks about contested land.
 
 
by Danny Cross 04.18.2012
Posted In: Police, Social Justice, Government at 09:57 AM | Permalink | Comments (0)
 
 
5344029

Estate of David 'Bones' Hebert Files Wrongful Death Suit

Lawsuit against Sgt. Andrew Mitchell filed one day before anniversary of shooting

The estate of David “Bones” Hebert filed a lawsuit on Tuesday against Cincinnati Police Sgt. Andrew Mitchell alleging wrongful death and battery in the April 18, 2011, shooting death of the 40-year-old musician. The plaintiff in the case is listed as Paul Carmack, administrator of the estate of David Hebert.

The lawsuit claims that Hebert was complying with instructions given by an investigating officer when he was shot and killed by Mitchell. The suit claims excessive force was used and that Mitchell “acted intentionally, recklessly, wantonly, and with deliberate indifference to the constitutional rights of Mr. Hebert.”

Hebert was shot and killed by Mitchell after officers responded to a 911 call around 3 a.m. during which an intoxicated man alleged to have been robbed by Hebert and assaulted with a pirate sword. Hebert was located sitting on a sidewalk on Chase Avenue in Northside about 10 minutes later. During subsequent questioning, officers say Hebert drew a knife and moved toward an investigating officer, causing Mitchell to believe the officer’s life was in danger. Mitchell shot Hebert twice, killing him. Toxicology reports found Hebert to have a blood alcohol content of 0.33 at the time of his death, along with marijuana and psychedelic mushrooms in his system.

Three investigations cleared police of any wrongdoing, but Friends of Bones says the facts from the investigations show Hebert complied with police orders during the encounter.

The lawsuit demands a trial by jury and compensatory and punitive damages, along with attorney’s fees, costs, disbursements and additional relief as the court deems proper. The suit, which is embedded below, was published on the “Friends of Bones” website (www.friendsofbones.org).

The incident has drawn considerable media attention, especially this week in conjunction with the anniversary of the shooting.

The Cincinnati Enquirer on Monday published a story titled “Reports: Cops came too close in killing of David 'Bones' Hebert” comparing accounts of the incident in public records to standard Cincinnati Police Department guidelines, which concluded that “police officers got dangerously close and failed to have a plan before approaching Hebert, who police thought was carrying a sword or large knife.”

Cincinnati Magazine’s May issue will feature a story, “Salvaging Bones,” which is subtitled: “David Hebert was a lot of things: the dreadlocked maker of burritos; a punk rocker; a womanizing, tatted-up former Jesus freak with a kind heart and a wild streak. What he wasn’t was a guy you’d expect to find dead at the end of a police standoff.”

CityBeat on Sept. 14, 2011 published a story titled “Digging Up Answers for Bones” in which friends and family of Hebert alleged that Hamilton County Prosecutor Joe Deters’ closing of the investigation was politically motivated.

CityBeat on May 4, 2011 published a story titled “A Shot in the Dark,” detailing the early questions that surrounded the incident.

 
 
by Kevin Osborne 04.18.2012
Posted In: Technology, Education, Police, Sports, War , President Obama at 08:12 AM | Permalink | Comments (0)
 
 
qr code

Morning News and Stuff

Cemeteries have officially arrived in the 21st Century. A Crawfordsville, Ind., firm is now using Quick Response barcodes on tombstones. The Allen Monument Co. says the code can connect users to an entire memorial site about a deceased person, provided by Cincinnati-based Making Everlasting Memories. The site can include photos, a biography and other information. All it takes is a simple scan from a smartphone. That's either a brilliant step forward for convenience or a sign of consumerism and technology run amok. You decide.

It looks like charter schools aren't quite the draw that many conservatives believed they would be. Cincinnati Public Schools will lose fewer students than expected next year to private schools and state-funded vouchers, a school official said Tuesday. Only 899 new students applied for new Educational Choice scholarships for the upcoming school year. That’s down from 1,078 applicants from CPS last year and it’s far below the 1,377 students that district officials had estimated to lose this spring.

A Northern Kentucky police chief charged with drunken driving wants to suppress police dashboard camera footage of the traffic stop that led to his arrest. An attorney for Wilder Police Chief Anthony Rouse made the request during a pretrial hearing this week. Rouse is suspended without pay after his March 1 arrest by Alexandria police. We wonder if the Wilder Police Department uses dashboard cams in its cruisers. (What's good for the goose, etc.)

They had better come on strong. The Bengals will be featured on the season opener of Monday Night Football on ESPN in September. The team will face off against the Ravens in Baltimore. Other highlights of the 2012 schedule, which was released Tuesday, include the Bengals playing their first regular season game in week two against the Cleveland Browns in Cincinnati, and playing divisional foes the Steelers in week 16 at Pittsburgh.

A large swarm of bees has invaded Cincinnati's Covedale neighborhood. Residents on Woodbriar Lane are concerned about thousands of active bees going from yard to yard looking for a place to make a hive. The bees have been doing it for the last couple of days, and residents say they're swarming around different locations, changing locations in as little as 30 minutes in some cases. The buzzing sounds can be heard from 20 feet away or more, they added.

In news elsewhere, friends of Republican presidential hopeful Mitt Romney insist their pal isn't an android. Romney is a nice guy, they said, adding they are at a loss to explain his stiff demeanor and unusual syntax on the campaign trail. Maybe he's simply trying too hard, some friends told The Washington Post. Yeah, that's it, I'm sure.

Reacting to rising gasoline prices, President Obama proposed new measures this week to reduce oil market manipulation. The proposals, which observers say are unlikely to get support from a divided Congress, include increasing civil and criminal penalties on individuals and companies involved in manipulative practices involving commodities speculation.

In yet another setback for U.S.-Afghan relations, photographs of American troops gleefully posing with corpses of insurgents they've killed were given to The Los Angeles Times. The U.S. soldier who released the photos said he did so to draw attention to the safety risk of a breakdown in leadership and discipline. The Army has started a criminal investigation.

A shadowy conservative group that works behind-the-scenes to push laws that call for stricter voter identification requirements and “stand your ground” initiatives is disbanding its “Public Safety and Elections” task force. The task force, part of the American Legislative Exchange Council (ALEC), has been the prime vehicle for proposing and advancing what critics describe as voter-suppression and anti-democratic initiatives, not just restrictive voter ID laws but also plans to limit the ability of citizens to petition for referendums and constitutional changes that favor workers and communities. In recent weeks, numerous of ALEC's corporate members have left then group including Coca-Cola, Intuit and McDonald's.

Thousands of documents detailing crimes committed during the final years of the British empire were systematically destroyed to prevent them falling into the hands of post-independence governments, an official review concluded. Those papers that survived the purge were flown discreetly to Britain where they were hidden for 50 years in a secret Foreign Office archive, beyond the reach of historians and members of the public, and in breach of legal obligations for them to be transferred into the public domain.
 
 

 

 

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by German Lopez 02.04.2014
Posted In: News, Science, Police, State Legislature at 09:58 AM | Permalink | Comments (0)
 
 
city hall

Morning News and Stuff

City to add more cops, evolution “debate” today, Winburn considers State Senate race

Mayor John Cranley, Chief Jeffrey Blackwell and other city officials yesterday announced a police plan to put more cops on the streets, focus on “hot spots” of crime, restart the gang unit and reach out to youth. Blackwell acknowledged more cops alone won’t solve or prevent the city’s heightened levels of violent crimes and homicides, but he said changing the level of enforcement through new tactics, such as hot spot policing, could help. A lot of research supports hot spot policing, although the practice can sometimes backfire, as “stop and frisk” did in New York City, if it targets minorities.

Bill Nye the Science Guy today will debate Creation Museum owner Ken Ham. The debate will focus on evolution, which is overwhelmingly supported by science, and biblical creationism, which has no scientific evidence to support it. The debate will be streamed live here.

Republican Councilman Charlie Winburn is considering a run for the Ohio Senate. Winburn would run in the heavily Democratic 9th Senate District. So far, there are two likely Democratic opponents: former Councilman Cecil Thomas and State Rep. Dale Mallory. The seat is open because State Sen. Eric Kearney, the Democratic incumbent, is term limited.

Republican Hamilton County Commissioner Chris Monzel might get two Democratic opponents in this year’s election: Sean Feeney, a North College Hill resident who already filed, and potentially Paul Komerak, a member of the Hamilton County Democratic Party’s executive committee. If both Komerak and Feeney run, they could face off in a Democratic primary.

City Council’s Budget and Finance Committee unanimously approved tax credits for Tom + Chee to entice the grilled cheese and tomato soup chain to keep its headquarters downtown as it expands nationally. Councilman Kevin Flynn questioned whether tax breaks should be given so leniently, but other council members argued the tax deals keep jobs in the city.

City Council might structurally balance the budget and fix the underfunded pension system to stabilize Cincinnati’s bond rating.

The Ohio Senate is still mulling over ways to repeal Ohio’s renewable energy and efficiency standards. CityBeat covered the standards in greater detail here and here.

Democratic attorney general candidate David Pepper wants to reform how the state picks outside law firms to avoid appearances of pay-to-play that have mired Republican Attorney General Mike DeWine. A previous Dayton Daily News investigation found firms lobbying for state assignments contributed $1.3 million to DeWine’s campaign.

Attorneys for the Ohio inmate next scheduled for execution asked for a stay to avoid a “lingering death” similar to the 26-minute, seemingly painful execution of Dennis McGuire. CityBeat covered McGuire’s execution and the concerns it raised in further detail here.

Enrollment in Ohio’s public colleges and universities dropped by 2 percent in the latest fall semester.

Ohio gas prices ticked up at the start of the week, but the lowest average was in Cincinnati.

Scientists claim space-grown vegetables are safe to eat.

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by German Lopez 02.03.2014
Posted In: News, Police, Mayor at 10:17 AM | Permalink | Comments (1)
 
 
cpd more cops

City Unveils Plan to Add More Cops

Proposal shifts enforcement to overtime, hot spots and youth outreach

City officials on Monday announced a new public safety initiative that promises to put more cops on the streets, focus on “hot spots” of crime, restart the gang unit and do more to reach out to youth.

The comprehensive plan comes after a rough start to the year, with homicides and violent crime ticking up even as the weather remains cold.

Among other initiatives, the plan will add more cops on the ground through new hires, more overtime and a new recruit class — the first since 2008.

“The message to people is that help is on the way,” Mayor John Cranley said.

The plan will come at higher costs to an already-strained operating budget. Cranley said the Cincinnati Police Department set aside nearly $1 million for the proposal through June, while the remaining $5.6 million should be funded in the city’s $370-plus million operating budget.

When asked whether initiatives like the one announced Monday will hurt the budget, Cranley reiterated his long-standing position that public safety takes top priority in the city budget.

Cincinnati Police Chief Jeffrey Blackwell said the refocus intends to prevent, not just solve, crimes. He acknowledged more cops alone won’t end the citys crime problem, but he argued increasing the level of evidence-based enforcement — through new tactics supported by more cops on the streets — could make a difference.

Cranley and Blackwell cautioned the results might not be immediate, but they said it’s an important step to stop levels of crime local residents are clearly unhappy with.

Hot spot policing carries a high level of empirical support. In two different studies from Rutgers and the Ministry of Justice in the Netherlands, researchers argued the strategy doesn’t always displace crime; it can also prevent crime by deterring and discouraging future incidents in hot spots and surrounding areas — what researchers call a “diffusion” of benefits.

But the concept also needs to be executed carefully. In New York City, “stop and frisk” became a fairly unpopular type of hot spot policing after some reports found the strategy targeted racial makeups in neighborhoods more than levels of crime.

Of course, better policing isn’t the only way to combat crime. As two examples, lead abatement and ending the war on drugs could prevent violence by reducing aggression and eliminating a huge source of income for drug cartels.

This story was updated to include more information from the city managers memo.

 
 
by German Lopez 02.03.2014
Posted In: News, Police, Drugs, 2014 election at 08:30 AM | Permalink | Comments (0)
 
 
jeffrey blackwell

Morning News and Stuff

City to add more cops, bill enables needle exchanges, Portune drops gubernatorial bid

Mayor John Cranley, Cincinnati Police Chief Jeffery Blackwell and several other local leaders expect to announce a $1 million plan to add more cops, including a new recruit class, to help fight a local rise in homicides and violent crime. Besides the additional officers, the plan will also restart a unit focused on gangs and put more emphasis on "hot spots" of potential crime. The announcement follows a rough start to the year that's already experienced higher-than-normal levels of violence. CityBeat will cover the announcement in further detail as the news breaks.

A bill in the Ohio legislature could enable more clean needle exchanges. The bill wouldn't supply state or federal funding, but it would let any local health authority establish a syringe-exchange program without declaring a health emergency. Although some conservatives take issue with providing needles to drug users, officials say the program in Portsmouth, Ohio, cut countywide hepatitis C rates, nearly eliminated the number of needles found in parks and on sidewalks, and provided addicts a legally safe resource for help. CityBeat previously covered attempts to establish a local needle-exchange program in further detail here.

Hamilton County Commissioner Todd Portune on Friday officially dropped his long-shot bid for governor. Although Portune received a lot of attention from local media, he never mounted a credible campaign and drew harsh criticisms from fellow Democrats, who accused Portune of complicating Democratic gubernatorial candidate Ed FitzGerald's campaign against Republican Gov. John Kasich.

While some in the media focus on the horse race and fundraising goals, political scientists say partisan ties, national politics and the state of the economy play a much bigger role in deciding elections.

Southwestern Ohio should expect light snow today and a winter storm tomorrow.

Young women who take the HPV vaccine are not more likely to have sex or take part in unsafe sexual practices, a study from Cincinnati Children's Hospital Medical Center found.

Denver Broncos fans yesterday got a taste of what it's like to support the Cincinnati Bengals and Cleveland Browns.

Philip Seymour Hoffman died of an apparent drug overdose.

January birthed a few cute zoo animals.

A study found 1,300 airborne microbes in Beijing's smog.

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by German Lopez 01.07.2014
 
 
cover-kasich-2

Morning News and Stuff

State cuts hit local budget, police explain homicides, Democratic primary heats up

If it were not for Republican-approved cuts to state aid for local governments, Cincinnati might not face an operating budget gap in 2015. The city has lost roughly $26 million in annual state aid since 2010, according to city officials, while the budget gap for 2015 is estimated at nearly $21 million. The reduction in state aid helps explain why Cincinnati continues dealing with budget gaps after years of council-approved spending cuts and tax hikes. Still, some council members argue Democratic council members should stop blaming Republican Gov. John Kasich and the Republican-controlled Ohio legislature for the city's problems and face the reality of reduced revenues.

Heads of the Cincinnati Police Department yesterday explained the local increase in homicides to City Council's Law and Public Safety Committee. Police officials said gang-related activity, particularly activity related to the Mexican drug cartel that controls the heroin trade, is to blame for the spike in crime in Over-the-Rhine, downtown and the west side of Cincinnati. In particular, it appears disruptions in criminal organizations and their territories led to turf wars and other violent acts. Police also cautioned, "Most of the homicides are personal crimes between two known victims. Very rarely are they random in nature."

The Democratic primary election for governor heated up yesterday after Hamilton County Commissioner Todd Portune called Cuyahoga County Executive Ed FitzGerald's commitment to blacks "appalling" in an email obtained by The Cincinnati Enquirer. Prominent Democrats at the state and local level responded to the criticisms as more evidence Portune shouldn't continue to run and threaten Democrats' chances of a clean gubernatorial campaign. Portune announced his intention to run last week, despite calls from top Democrats to stay out of the race.

Cold weather led many area schools to close for another day. For developing weather information, follow #cincywx on Twitter.

The weather also slowed down streetcar construction.

Councilman P.G. Sittenfeld: "Five Lessons From Cincinnati's Little Engine That Could."

The Cincinnati Board of Education chose its veteran members to head the school board in 2014.

Cincinnati-based Citigroup, Procter & Gamble, General Electric, Humana and U.S. Bank gained perfect scores in the Human Rights Campaign's index for gay-friendly companies.

About 34 percent of Ohio third-graders could be held back if they do not improve their scores on the state's reading assessments. The chairs of the Ohio House and Senate's education committees argue the aggressive approach is necessary to improve the state's education outcomes. But the National Association of School Psychologists found grade retention has "deleterious long-term effects" both academically and socially.

Kentucky is spending $32 million for substance abuse treatment to tackle the heroin epidemic.

Ohio Democrats named a new executive director for the state party: Liz Walters. The Silver Lake, Ohio, native began her political career with the Girl Scouts when she worked for the organization as a lobbyist in Washington, D.C.

Typically allies on other issues, liberals and the scientific community disagree on genetically modified crops.

A pill normally taken as a mood stabilizer could help people acquire perfect pitch.

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by German Lopez 01.06.2014
Posted In: News, Police, Guns at 12:28 PM | Permalink | Comments (0)
 
 
jeffrey blackwell

Police Explain Local Increase in Homicides

Gang-related activity driving increase in violence, according to police

Heads of the Cincinnati Police Department testified in front of City Council’s Law and Public Safety Committee Monday to address the local increase in homicides.

The city’s homicide rate hit 25 per 100,000 residents in 2013, compared to the U.S. rate of 4.7 per 100,000 in 2012, following a spike in homicides in Over-the-Rhine, downtown and the west side of Cincinnati, according to police statistics.

“The concern has been the sheer number of homicides we experienced in 2013 and the number of juvenile victims we had this year,” said Assistant Chief Dave Bailey.

Councilman Christopher Smitherman also highlighted the high levels of black-on-black crime, which Chief Jeffrey Blackwell agreed are unacceptable across the country.

“My fear is that my son, who’s African-American … is going to be killed by another African-American,” Smitherman said. “That’s what those stats are saying.”

The key driver of the increases, according to police, is gang-related activity, particularly activity involving the Mexican drug cartel that controls the heroin trade.

“If our theory is correct, most of these homicides involve narcotic sales, respect and retaliation,” Bailey said.

Chief Blackwell explained the increase in homicides appears to be particularly related to disruptions in criminal organizations and their territories.

“Criminal territories have been disrupted, and we’ve seen an increase in turf wars and neighborhood situations between young people,” he said. “Most of the homicides are personal crimes between two known victims. Very rarely are they random in nature.”

Councilman Kevin Flynn asked what council could do to help remedy the situation.

“We are significantly short of police officers, so we desperately need a recruit class,” Blackwell responded. “We need to improve our technology platform here in the police department.”

Blackwell cautioned that there’s not a direct correlation between more police officers and less homicides, but he said another recruit class could help the city meet basic needs.

Flynn claimed council is very willing to meet those needs, given the importance of public safety to the city’s prosperity.

“If we’re not safe and we don’t have the perception that we’re a safe city, none of the rest of the great things we do as a city are going to help,” he said.

How council meets those needs while dealing with fiscal concerns remains to be seen, considering Mayor John Cranley and a majority of council members ran on the promise of structurally balancing the city’s operating budget for the first time in more than a decade.

City officials have vowed to avoid raising taxes and cutting basic services, which makes the task of balancing the budget all the more difficult. Advancing promises of more spending for the police department further complicates the issue, even if it’s politically advantageous in a city seriously concerned about public safety.

Cincinnati Police will hold several town hall meetings in the next week to hear concerns from citizens. The meetings will span across all local districts:
• District 2: Jan. 7, Medpace, Inc., 5375 Medpace Way.

• District 3:
Jan. 8, Elder HS Schaeper Center, 3900 Vincent.
• District 1 and Central Business District:
Jan. 9, River of Life Church, 2000 Central Parkway.
• District 5:
Jan. 13, Little Flower Church, 5560 Kirby Ave..
• District 4:
Jan. 14, Church of the Resurrection, 1619 California Ave.

Correction: The local homicide rate for 2013 was 25 per 100,000 residents, contrary to the 15.5 per 100,000 rate cited by police officials to City Council.

 
 
by German Lopez 12.05.2013
Posted In: News, City Council, Streetcar, Police at 10:20 AM | Permalink | Comments (0)
 
 
streetcar

Morning News and Stuff

Council pauses streetcar, issue could make it to ballot, groups call for police camera fixes

City Council yesterday voted to allocate $1.25 million to pause the $132.8 million streetcar project and study how much it will cost to continue or cancel the project. The final 5-4 votes to pause came despite offers from private contributors to pay for the $250,000 study and construction for the one or two weeks necessary to carry out the cost analysis. The city administration warned council earlier in the day that pausing the project for one month could cost $2.56-$3.56 million, while previous estimates put continuing construction for the month at $3 million. After the cost study is finished, council members expect to make a final decision on whether to continue or cancel the project.

Meanwhile, Councilwoman Yvette Simpson filed a motion to draw up a city charter amendment that would task the city with completing the current streetcar project. If the charter amendment gets council approval, Cincinnatians would vote on the issue approximately 60 to 120 days afterward. But it’s unclear whether the $44.9 million in federal grants for the streetcar project would survive through the months; the federal government previously warned a delay could be grounds for pulling the money.

Commentary: “Atmosphere at City Hall Changes for the Worse.”

Following various cases of malfunctioning or disabled police cruiser cameras, various groups, including Councilman Chris Seelbach, are asking to get to the bottom of the issue. Police officials say old, deteriorating technology is to blame, but critics claim some officers are purposely tampering with the technology to avoid filming themselves during controversial moments in the line of duty. For both sides, getting the cameras working could be mutually beneficial; functioning cameras would allow police to clear their names but also show when officers make mistakes.

The University of Cincinnati asked Hamilton County judges to crack down on criminals targeting students on or near campus.

State Sen. Eric Kearney of Cincinnati says he won’t give up his Democratic candidacy for lieutenant governor despite $825,000 in unpaid state and federal taxes.

Republican State Sen. Bill Seitz of Cincinnati canceled a vote for a proposal that would greatly weaken Ohio’s renewable energy and efficiency standards. But he vowed to pursue a “three-pronged strategy to reform the current envirosocialist mandates,” including potential litigation. Environmental groups argued Seitz’s proposal would have effectively eliminated the state’s energy standards. According to a study from Ohio State University and the Ohio Advanced Energy Economy coalition, repealing the standards would increase Ohioans’ electricity bills by $3.65 billion over the next 12 years. CityBeat covered Seitz’s proposal in greater detail here.

The Republican-controlled Ohio legislature yesterday approved a bill that establishes a state panel to oversee Medicaid and recommend changes for the costly program. Republicans insist the measure isn’t about reducing benefits or eligibility for Medicaid; instead, they argue it’s about finding ways to cut growing health care costs without making such cuts. Gov. John Kasich must sign the bill for it to become law.

Months after rejecting Kasich’s proposal to do so, Ohio House leaders introduced a scaled-down measure that would slightly raise the oil and gas severance tax and cut income taxes. Unlike the governor’s previous proposal, the House plan seems to have support from the oil and gas industry.

Another Ohio House bill seeks to reintroduce prayer in public schools.

Ohioans are borrowing more to pay for college, but the debt load remains less than the national average.

Headline from The Cincinnati Enquirer: “CVG board votes to hire investigator for butt-dialed call.”

It seems Metropolitan Sewer District rates will increase by 6 percent.

Cincinnati could get three to six inches of snow tomorrow.

Robert Carr, a 49-year-old Cincinnati man, has been going into the homes of strangers and trying to claim them as his own. He’s now being held in the Hamilton County Justice Center on six felony charges for breaking into homes.

Ohio gas prices fell below $3 a gallon.

According to a study from the Library of Congress, 70 percent of America’s silent films are lost and a good portion of the remaining films are in poor condition.

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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."

 
 
by German Lopez 11.12.2013
Posted In: News, City Council, Education, Police at 08:15 AM | Permalink | Comments (0)
 
 
jeffrey blackwell

Morning News and Stuff

Police investigate cruiser crash, council holds last finance meeting, achievement gap widens

The Cincinnati police officer who struck a pedestrian with his cruiser on Saturday was apparently driving 50 mph in a 25 mph zone, which violates the Cincinnati Police Department's guidelines that limit officers from driving more than 20 mph above the posted limit. Officer Orlando Smith was responding to a call to help an officer when he struck Natalie Cole of Dayton, Ky. She remains in critical condition at University Hospital Medical Center following the incident. CPD is conducting an investigation that is expected to be completed within two weeks. But Smith's cruiser camera mysteriously failed to record for three minutes as the events unfolded; the latest recording available prior to the incident shows Smith leaving a grocery store parking lot with his lights and sirens on, as required by department policy when responding to help an officer. Witnesses told WCPO that Smith was actually driving in excess of 60 mph without his siren on and the victim flung 40 feet after she was struck. Smith is on paid administrative leave as the investigation finishes, which is routine police procedure.

City Council's Budget and Finance Committee will hold its final scheduled meeting today, less than three weeks before the new mayor and council are sworn in on Dec. 1. The committee's agenda is fairly packed after council canceled so many meetings throughout September and October for election season, but most of the items are uncontroversial incentive packages that aim to bring jobs and develop more housing opportunities in the city.

The achievement gap between white and black students in Ohio grew in the past two years, according to the results from a series of tests known as "the Nation's Report Card" from the National Assessment of Educational Progress. Chad Aldis, the vice president for Ohio policy and advocacy at the Fordham Institute, told StateImpact Ohio the results are disappointing because the achievement gap between black and white students in Ohio was already way too big and above the national average in math and English, the two categories in which the gap widened. Overall, Ohio's students ranked slightly above the national average in all areas but showed no significant improvement since 2011. Aldis says Ohio's adoption of Common Core standards, a set of stricter expectations for students embraced by 45 states, should help challenge students and lead to improvement.

Here is an interactive map of marijuana seizures in Ohio this year, which were down from a record high in 2010. Some experts say marijuana and other drugs should be legalized following the failure of the decades-long war on drugs to seriously curtail supply and demand, as CityBeat covered in further detail here.

Mayor-elect John Cranley on Thursday at 9:30 a.m. will answer questions from readers and the editorial board at The Cincinnati Enquirer.

The two chairmen of the Hamilton County Democratic Party and Republican Party will on Nov. 21 switch roles and argue the other side's position on alleged voter fraud as part of the "Beyond Civility" debate series. The initiative seeks to bring public officials together in a less partisan environment.

The Cincinnati area's most prominent white-collar crime case will start hearings in December after a jury is picked by the end of the month in the trial of Matt Daniels, the former Kenwood Towne Place developer who's accused of various charges of fraud. Daniels' attorney talked to the Business Courier here.

Ohio homeschoolers can now join public schools' sports teams.

President Barack Obama will stop in Ohio on Thursday to discuss U.S. manufacturing.

Boy choirs are having a more difficult time filling roles as boys hit puberty earlier.

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by German Lopez 10.27.2013
Posted In: News, Privacy, Police at 01:31 PM | Permalink | Comments (0)
 
 
mikedewine

Panel Recommends Limiting Facial Recognition Access

New program requires better oversight and clear protocols, say criminal justice officials

A panel of nine criminal justice officials on Friday recommended limiting access to Ohio’s facial recognition program and establishing protocols that would seek to make the program less prone to abuse.

The panel’s recommendations follow a nearly two-month review of current procedures and public criticisms over the programs secrecy and alleged lack of oversight.

The panel broadly looked at the Ohio Law Enforcement Gateway (OHLEG), a state database of criminal justice histories and records, but largely focused on the controversial facial recognition program, which was live for more than two months and 2,677 searches before Ohio Attorney General Mike DeWine formally announced its existence in August. The program allows police officers and civilian employees to use a photo to search databases for names and contact information; previously, law enforcement officials needed a name or address to search such databases.

The panel recommends limiting access of the facial recognition program to law enforcement, meaning police departments, sheriffs offices, state highway patrol, county prosecuting attorneys and other local, state or federal bodies that enforce criminal laws or have employees who have the legal authority to carry out an arrest. Anyone else who wants to tap into the system would need to do so with written permission from the superintendent of the Bureau of Criminal Investigation (BCI).

For those who would retain access, the panel says written policies and protocols should be developed and implemented. The recommendations extend from written rules for out-of-state officials to a training program that better establishes clear penalties for misuse and guidelines for reporting and prosecuting infractions.

The report calls for improved monitoring of the system, which it states is “perhaps the most effective measure of whether the system is being properly implemented for its intended criminal justice purpose.” The oversight should include random audits of OHLEG, one person in charge of monitoring OHLEG’s use in each local agency and a model for ideal use, according to the report.

The panel says the attorney general should also establish a steering committee comprised of criminal justice officials, along with an advisory group. The committee would be in charge of OHLEG training, monitoring and policy review, among other oversight functions.

The panel also advises the attorney general’s office to launch an education campaign that tells the public of the potential benefits of OHLEG’s programs.

Separately, the Ohio Public Defender’s Office recommends allowing citizens to access their own criminal history records through a secure Internet portal with a social security number, similar to AnnualCreditReport.com.

The panel included former Ohio Supreme Court justices, judges and law enforcement officials, among other criminal justice leaders from around Ohio.

DeWine, a Republican, says the facial recognition program is a vital tool for law enforcement to more easily identify and catch potential criminals. But critics, including the American Civil Liberties Union of Ohio and Democratic attorney general candidate David Pepper, say the program was allowed to operate for far too long without public knowledge or proper checks in place.

When asked if DeWine will implement the recommendations, Lisa Hackley, spokesperson for the attorney general’s office, wrote in an email, “The Attorney General has committed to implementing the recommendations. Some are already in progress. Others, such as those requiring new computer programming, may take longer.”

The full report:



Updated at 10:04 p.m. with comment from the attorney generals office.

 
 
by German Lopez 10.18.2013
Posted In: News, Police, Abortion, The Banks at 09:19 AM | Permalink | Comments (0)
 
 
county courthouse

Morning News and Stuff

Audit slams former sheriff, part of The Banks sold, local abortion clinic could close

Early voting for the 2013 City Council and mayoral elections is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended.

On Oct. 29, local residents will be able to give feedback to Cincinnati officials about the city budget — and also nab some free pizza. The open budgeting event is from 6 p.m. to 8:30 p.m. on Oct. 29 at 1115 Bates Ave., Cincinnati.

An audit of the Hamilton County Sheriff’s Office (HCSO) found former Sheriff Simon Leis crippled technological developments, stacked leadership positions with political cronies and still kept his staff fiercely loyal during his 25 years in charge of HCSO. The Oct. 15 audit claims the agency was “largely frozen in time” and didn’t meet the most basic modern standards, including a failure to adopt computer spreadsheets and other modern technologies instead of keeping paper-based records that only one person can access at a time. The audit claims a few possible consequences for Hamilton County: outdated policing policies, exposure to possible litigation and an overworked, under-trained staff. To fix the mistakes, the audit recommends various investments and changes to policies that could prove costly to the county — perhaps too costly to a county government that has been forced to make budget cuts for the past six years. Read more about the audit here.

Developers sold the apartments and 96,000 square feet of ground-floor retail space in the first phase of The Banks for $79.5 million. In a memo, City Manager Milton Dohoney claimed the sale is a sign of the strong market that’s being built in Cincinnati. Dohoney noted that the sale will provide nearly $1.2 million for the city and county, which will likely go to other projects in The Banks, and allow Carter and The Dawson Company to repay the city and county’s nearly $4.7 million retail fit-up loan three years in advance. The sale should also increase the property’s assessed value, which Hamilton County Auditor Dusty Rhodes previously put at $52 million, or $27.5 million less than it actually sold for, and subsequently lead to higher property-based tax revenue, according to Dohoney.

The Ohio Department of Health (ODH) could force the Lebanon Road Surgery Center, a Cincinnati-area abortion clinic, to close after a health examiner upheld ODH’s decision to revoke the clinic’s license because it couldn’t establish a patient transfer agreement with a nearby hospital. Abortion rights advocates touted the closure as another example of how new regulations in the recently passed state budget will limit access to legal abortions across the state. But ODH handed down its original decision for the Cincinnati-area abortion clinic in November 2012, more than half a year before Gov. John Kasich in June signed the state budget and its anti-abortion restrictions into law. Meanwhile, Ohio Right to Life praised the state for closing down or threatening to close down five abortion clinics this year.

Reminder: Officials project the streetcar will have a much greater economic impact in downtown than Over-the-Rhine, despite what some detractors may claim.

The Hamilton County Sheriff’s Office last night began threatening to arrest homeless people who refuse to leave the Hamilton County Courthouse and Justice Center and find another place to sleep, according to Josh Spring of the Greater Cincinnati Homeless Coalition. The sheriff’s office says the steps are necessary to put an end to public urination and defecation on county property, but homeless advocates say the county should focus on creating jobs and affordable housing to solve the root of the problem. CityBeat covered the issue in greater detail here.

Former Ohio House Speaker Jo Ann Davidson questioned her fellow Republicans’ legal threats against Gov. John Kasich’s plan to bypass the legislature and get the federally funded Medicaid expansion approved through the Controlling Board, a seven-member legislative panel. Davidson says Kasich is on “firm ground” legally because the state budget contained a provision that allows the state’s Medicaid director to expand the program. The Kasich administration on Oct. 11 announced its intention to call on the Controlling Board to take up the expansion, which will use federal Obamacare funds for two years to extend Medicaid eligibility to more low-income Ohioans. The Health Policy Institute of Ohio previously found the expansion would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.

Ohio Libertarians and Greens threatened to sue the state if the legislature passes a bill that would limit ballot access for minor political parties. The Ohio Senate already approved the legislation, and an Ohio House committee is expected to vote on it at a hearing on Oct. 29.

More charges have been filed against a local spine doctor accused of carrying out unnecessary surgeries in the Cincinnati area and Florence, Ky., and billing health care programs millions of dollars, according to court documents released Thursday.

A race car managed to swap fossil fuels for hydrogen power.

 
 
 
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