President Obama dropped $90 mil on a couple of local non-profit development companies. Cincinnati Center City Development Corp. (3CDC) and the Uptown Consortium were awarded $50 million and $40 million tax credits, respectively, by the U.S. Department of the Treasury as part of a program aimed at spurring retail and residential growth. 3CDC says it plans to create a rock climbing wall/juice bar/light-free techno dance hall in order to draw more YPs to the area. (Just kidding.)
P&G plans to cut 5,700 jobs next year (and we just had our resumes all cleaned up to prove we could write the best stories about how Tide makes clothing — and life — better for everyone…).
A 15-year-old Milford High School freshman named Eben Christian Franckewitz has advanced to next Thursday’s live episode of American Idol. Franckewitz is reportedly the first area reside to become one of the 24 Idol semifinalists. Pick it up, area talented people!
The New York Police Department is defending its recent practice of spying on mosques using tactics it normally reserves for criminal organizations. The AP got a hold of documents that showed police "collecting the license plates of worshipers, monitoring them on surveillance cameras and cataloging sermons through a network of informants."
The new documents, prepared for Police Commissioner Raymond Kelly, show how the NYPD's roster of paid informants monitored conversations and sermons inside mosques. The records offer the first glimpse of what those informants, known informally as "mosque crawlers," gleaned from inside the houses of worship.
Chicago Mayor Rahm Emanuel says his police would never spy on Muslims.
Officials in Australia have opened another investigation into the 1980 death of a 9-week-old baby whose parents say was taken away by a dingo. The mother was convicted of murder and later cleared of the charge.
Seven Marines were killed in a training crash near the California-Arizona border Wednesday night, one of the deadliest training crashes ever. Officials say it will take weeks to determine why the two helicopters crashed in midair during a routine exercise.
JC Penny lost $87 million in the fourth quarter of 2011. CEO Ron Johnson says it’s cool, though, because the company was getting a makeover and those are expensive.
On the other side of the fence dividing companies that lose money and companies that make mass of it, Apple is so flush its CEO says the company has too much cash. Tim Cook is reportedly “wondering what to do with the company's $97.6 billion.”
A new study says
that global warming could shrink the human race. Wait, what?!? It’s
true: NEW GLOBAL WARMING THREAT: HUMAN RACE MAY SHRINK. Great ... just great.
Oh, and the UC basketball team beat No. 17 Louisville last night, a big step toward playing in the NCAA Tournament for the second straight year. Nice, one-handed jam, Dion!
Duke Energy announced Thursday night that it will help fund a campaign to raise private and government money to replace the outdated Brent Spence Bridge. It will cost about $2.3 billion to replace the span, which carries traffic from I-75 and I-71 over the Ohio River.
Cincinnati Police Chief James Craig said an audit to determine methods for improving the Police Department’s efficiency is continuing. Among the latest recommendations, the department will no longer seek accreditation from the Commission on Accreditation for Law Enforcement Agencies and that response of a recent shift to 10-hour workdays has been positive.
Three development groups have submitted proposals to Covington officials, each vying to be selected to reshape that city’s riverfront area. One of the proposals, drafted by Corporex Realty & Investment and Jeff Ruby Culinary Entertainment, involves refurbishing the Waterfront Restaurant and creating a floating boardwalk, marina and wharf.
A Cincinnati police officer assigned to the Drug Abuse and Resistance Education (DARE) program was suspended without pay this week after she was charged with tampering with records, securing writings by deception and forgery. Sandra Johnson, 38, allegedly said she taught DARE classes and got paid for them when she didn’t. DARE is among the programs being ended by Chief Craig; he has called it ineffective.
In news elsewhere, German President Christian Wulff resigned from his position today as head of state amid mounting criticism over a home loan scandal. Wulff has been plagued by allegations since mid-December over his connections to wealthy businessmen, initially over an advantageous home loan from a friend's wife. He then faced claims he tried to hush up the story, as well as reports of free vacations accepted from friends.
The Obama administration’s newly formed Consumer Financial Protection Bureau wants to begin monitoring and regulating debt collectors and credit bureaus for the first time. Richard Cordray, the agency’s director, said he wants to ensure people aren’t subjected to abusive practices.
An influential group of scientists issued a report this week pressing U.S. officials to tighten regulations of so-called “fracking” operations to reduce environmental and health risks. The independent review of fracking by professors at the University of Texas in Austin said that the development of shale gas was "essential to the energy security of the U.S. and the world,” but added the process needs more oversight.
The recent brouhaha over a new federal rule that requires insurance coverage of birth control for women reveals that the Roman Catholic Church has lost its influence in U.S. politics, some observers said. An AlterNet article noted that even though the U.S. Conference of Catholic Bishops remains opposed to a compromise rule pushed by President Obama, many other Catholic groups — including the Association of Jesuit Colleges and Universities and the Catholic Health Association — are ignoring the conference and accepting it.
Police in Fort Worth, Texas, have arrested 16 students in a major drug bust at Texas Christian University, a conservative evangelical institution. The drugs involved included marijuana, ecstasy pills, a powdered form of ecstasy commonly called “molly” and prescription drugs such as Xanax, hydrocodone and Oxycontin. Four football players were among those arrested.
Hey, did you hear that Newt Gingrich pulled off an upset victory in South Carolina over the weekend? Of course you did; you’re CityBeat readers, so you’re all well read. But any rational observer must wonder if Republicans truly think Newt can win in a general election, where there are actual moderates and progressives voting.
There’s already a fake front page of The Washington Post circulating around the Internet with President Obama smiling broadly at news of Gingrich’s victory.
Residents will get a chance to ask Cincinnati Police Chief James Craig some questions at a public meeting this week.
Craig, who was sworn in as the city’s 13th police chief in August, will be the featured speaker at the annual meeting of Citizens for Civic Renewal (CCR). The session will be held from 6-8 p.m. Wednesday at Kingsgate Marriott Conference Center in Corryville, near the University of Cincinnati.
"It would be the height of irresponsibly to commit funds they knew were not there," Rhodes said. "I've long criticized various governments for living in dream world.
"This takes it to a whole new level," Rhodes said.
The Rev. Jesse Jackson addressed Occupy Cincinnati yesterday at Piatt Park. Later in the day 15 individuals were arrested for staying in the park past its 10 p.m. closing time, the first arrests in weeks, as protesters have challenged the legality of the park closing at all. Jackson was reportedly scheduled to return to the park at noon on Wednesday to again speak with Occupy Cincinnati.
Several other municipal court judges either declined comment or said they would consider the point Stockdale makes in his letter if it is raised during the hearings.
Attorneys for the protesters said they intend to do just that. They already have asked judges to dismiss the charges on grounds the park board rules violate the free speech rights of the protesters.
They say Stockdale’s letter raises another weakness in the city’s case against their clients.
“Whether it’s a violation of the First Amendment or an over-reach by the park board, they are clearly relevant questions,” said Rob Linneman, an attorney for the protesters.
An organization called Citizens' League Against Subsidized Sports is gathering signatures for a ballot measure that would add a tax on Reds and Bengals tickets. Hamilton County Commissioner Greg Hartmann says he knows that the county's lease doesn't allow it to institute a ticket tax but that it doesn't say anything about a citizens' initiative.
Police costs are rising even though the force is shrinking, partially because it hasn't hired any new officers since 2008 while the top ranks have held steady.
The SB 5 debate is expected to draw a high voter turnout, which could bode well for school levies as voters come out to vote "no" on Issue 2.
The Ohio Elections Committee dismissed a complaint against COAST for allegedly making false tweets about Issue 48, but it was only because the complaint, filed by pro-streetcar group Cincinnatians for Progress, improperly named a COAST political action as a defendant or something. Streetcar advocates say they'll refile the complaint, and COAST lawyer Chris Finney says he'll win again. (“HAHAHA!”)
Youngstown Vindicator is a cool newspaper name. It reports that Ohio Democrats walked out of a vote on the new Republican redistricting map after Republicans failed to gain enough Democrat support to pass it. Lawmakers reportedly yelled at each other, too.
Cincinnati has the third-highest rate of childhood poverty in the country, and The Enquirer's Mark Curnutte tells the story of an East Price Hill family and school system struggling to keep up.
Hamilton County for the fourth straight year dipped into its rainy day fund instead of instituting major cuts or raising taxes.
National non-profit teacher training program Teach For America has offered to work in Cincinnati Public Schools, possibly as early as next year. CPS has yet to commit to the partnership, noting that there are laid-off veteran teachers in the region.
Hamilton County Prosecutor Joe Deters yesterday announced that University of Cincinnati police officer Ray Tensing has been
indicted by a grand jury on murder charges for the shooting death of 43-year-old
Cincinnati resident Samuel Dubose. Deters also released body camera footage of the shooting at a news conference yesterday.
Hundreds took to the steps of the Hamilton County Courthouse, and later to the streets of downtown, following the announcement. Tensing was arraigned on those charges this morning. He plead not guilty and is being held on a $1 million bond.
Nygel Miller says he was a friend of Samuel Dubose's from childhood. "We want justice," Miller says. "We want the release of those tapes. We want the officer charged. We want him removed from his duties. We want the officer to be talked about the way our young black men have been spoken about by this prosecutor."
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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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 city’s 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 manager’s memo.
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.
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.
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.
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.
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.
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."