Robert Lyons, whose part-time job as the judge for Butler County Area I Court supplements his income as a practicing attorney, took the student’s guilty plea to disorderly conduct on Nov. 8. At the request of the young man’s lawyer, Dennis Deters, the judge ordered the case file and all printed references to the defendant’s name sealed from public view. The order extended to paperwork generated by the Miami University Police Department. In effect, other than the press coverage it received, all record that the crime was committed and the perpetrator was brought to justice doesn’t exist.
Six days later, the Cincinnati Enquirer filed suit against Lyons with the Ohio Supreme Court. It said Lyons erred by issuing a “blanket” seal of the case. It said he failed to “find by clear and convincing evidence that the presumption of public access is outweighed by a higher interest” and further failed to conduct a hearing where the Enquirer could argue for public access. The Enquirer didn't mention in its initial report on the plea deal an intent to sue over the sealing, and to date it hasn’t reported on its own lawsuit.
Lyons was given until Dec. 14 to file an answer. What’s weird is that Lyons is represented by Butler County’s Prosecuting Attorney, Mike Gmoser. In Ohio, the county prosecutor serves as legal counsel for county government, county agencies and school districts — and represents them in court — as standard practice. As a private practitioner, though, Lyons specializes in defending people accused of drunken driving. Guess who sits at the opposing counsel’s table in those cases? Yes, Gmoser’s deputy prosecutors.
Lyons’ unusual role as defender and decider of DWI cases drew umbrage from Gmoser in March. According to the Hamilton Journal-News, Lyons the judge was about to rule on a motion to disallow the results of an Intoxilyzer 8000 blood-alcohol testing device in a DWI case. Lyons the lawyer, meanwhile, had challenged the validity of the machine in other cases, and his firm ran seminars about its failings. At Gmoser’s request, a higher court judge in July ordered Lyons to step down from hearing 10 pending DWI cases.
Last Thursday, in his initial response to the Enquirer’s lawsuit to open the rape tipster’s court file, Lyons hinted at the possibility of not fighting the suit. He asked to have until Dec. 14 to file a full response “so as to give settlement discussions an opportunity to come to fruition.”
After WikiLeaks founder Julian Assange voluntarily turned himself into British authorities today, he was denied bail and remains in custody until at least Dec. 14, according to The Guardian newspaper in London.
Assange, 39, was told by London Metropolitan police about new charges he faces in connection with two sexual encounters he had in Sweden. "He is accused by the Swedish authorities of one count of unlawful coercion, two counts of sexual molestation and one count of rape, all alleged to have been committed in August 2010," the newspaper reported.
Some local groups will be holding signs outside of Great American Ball Park today and Thursday while the Reds play, protesting Arizona's new immigration law and seeking signatures for a petition that asks Major League Baseball to move the 2011 All-Star Game from the state. The Cincinnati Interfaith Workers Center, the Immigration Advocacy Movement and various religious and civic leaders are organizing the event and will distribute leaflets to passersby.
Also, some participants plan to disrupt today's game by unfurling two large banners stating “Not in Arizona, not in Ohio — Immigrant Rights Now — No S.B. 1070” and “Shame on Arizona, Don’t Spread Hate.” The action was planned after Baseball Commissioner Bud Selig’s announcement that he won't change the venue for next year's All-Star Game.
“Dealing in this state, for example, you think so much about
the painful days in the deep South — the overt schemes to deny the right to
vote,” Jackson said on Tuesday, the last day to register to vote in Ohio.
“We saw Ohio as a kind of beacon of light, the beacon of hope once we ran across the river coming north. This year we’ve seen Ohio and Pennsylvania take the lead in trying to purge voters and suppress the vote to determine the outcome.”
Jackson’s comments came on the same day Ohio Secretary of State Jon Husted appealed to the U.S. Supreme Court the Six Circuit Court of Appeals’ decision to allow early in-person voting on the three days before Election Day.
The three days had previously only applied to military personnel and their families.
Republicans like Husted have cited cost as the reason to not allow in-person voting on the three days before the election. But in an Aug. 19 email to The Columbus Dispatch, Franklin County Republican Party chairman Doug Preisse said “I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban — read African-American — voter-turnout machine.”
Pennsylvania, meanwhile, tried to require voters take a photo ID with them into the polls. A state judge blocked the law from going into effect for the 2012 election.
Jackson said restrictions as to who can vote when and where undermine the purpose of democracy.
“Open access, free, transparent voting makes democracy real,” he said.
Flanked by a tapestry portraying President Barack Obama, Jackson touted the president’s accomplishments in his first term and urged those assembled to give him a second.
Jackson was in Toledo Oct. 5 pushing early voting. He said he was in Cincinnati because “Ohio matters” and he saw it as a way to penetrate Appalachia because “poverty is not just a black problem.”
Anyone who looked at the front page of today's Cincinnati Enquirer saw a prominent advertisement along the bottom featuring an image of a treasure chest and announcing, “Roadshow is in town all week in Cincinnati!”
To the uninitiated, it might appear as if the popular TV show Antiques Roadshow is taping an episode in the Queen City. The program uses a similar image and logo, after all. And that’s exactly why WGBH-TV in Boston filed a federal lawsuit Feb. 23 in Illinois against the company that placed the ad, Treasure Hunters Roadshow.
Treasure Hunters used the ad to publicize its event this week at the Duke Energy Convention Center. Unlike Antiques Roadshow, Treasure Hunters doesn’t appraise items and tries to buy some antiques that people bring in for the lowest price possible.
WGBH, which produces the show seen on PBS outlets across the nation, including WCET-TV (Channel 48), alleges the company is guilty of trademark infringement through its name and marketing tactics. It has sued the Illinois-based firm and its owner, Jeffrey Parsons, seeking an injunction to prevent use of the name and image.
As first noted by Bill Sloat on his Daily Bellwether blog, the flap over “fair use” issues has received extensive media coverage in Illinois.
Ironically, The Enquirer ran the ad just days after its editor, Tom Callinan, wrote a column criticizing unnamed blogs, Web sites and radio stations of unfairly and illegally using the newspaper’s content.
“(O)thers are profiting from our work,” Callinan wrote. “We're no longer willing to idly watch our good efforts stolen.”
As a result, The Enquirer is using a software program called Attributor to track users of its contents, gauge if the use is improper and issue warnings to alleged violators.
“In an attempt to track down such content parasites, The Enquirer and Cincinnati.Com now employ technology that scours the media landscape for illegal use of our content,” Callinan wrote. “In recent weeks, we have sent warnings to several blogs, Web sites and radio stations.
“We're mad as hell and we're not going to take it anymore.”
Callinan didn’t, however, attribute that last line to Network, the Oscar-winning 1976 film about a banal media outlet run amok in pursuit of profits and ratings. The line is uttered by unhinged TV talk show host Howard Beale, famously played by Peter Finch.
Several local bloggers were upset by Callinan’s column, calling it heavy-handed and reminding them of Big Brother with its weird “we’re watching you” vibe. They’re wondering who – exactly – he’s alleging has made improper use of the newspaper’s content. Several blogs often post items commenting on news reported by The Enquirer or criticizing its coverage, but they generally attribute the newspaper and help drive Internet traffic to its site.
Sloat e-mailed Callinan asking for more details, but the editor remained vague.
“(T)he recent ones have been small blogs and websites who may simply not know better. I don't want to out them. We handle it with automated warnings (via a program called Attributor) and it usually goes away without escalation,” Callinan responded. “My threshold for getting into a public outing of the issue would be pretty high — repeated incidents, warnings and letters from our lawyers. Just hasn't risen to that level.”
Of course, if the problem hasn’t risen to that level, why write such a high-profile and accusatory column about it?
So far, The Enquirer hasn’t reported on the lawsuit against its advertiser. Maybe the dispute “just hasn’t risen to that level” either.
A priest who previously was the campus minister at Xavier University has been relieved of his duties by the Catholic Church after it learned about "the improper touching" of two minors several years ago in Maryland.
The allegations against the Rev. Louis Bonacci were investigated by the church's Province Review Board, which also has contacted civil authorities. Bonacci served as minster at Xavier from 1994-99. Until the allegations were made, he was serving as coordinator of spiritual direction for priests and deacons in the Diocese of Scranton, in Pennsylvania.
Amid rumors that the FBI is investigating the Republican-controlled Hamilton County Courthouse, the local Democratic Party chairman Tuesday made a public records request to Clerk of Courts Patricia Clancy seeking all documents pertaining to uncollected bail bonds.
Sources at the courthouse have said up to $4 million in forfeited bail bonds that should've gone into Hamilton County's coffers hasn't been collected by the Clerk of Court's Office.