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.
A scathing audit of the Hamilton County Sheriff’s Office (HCSO) suggests former Sheriff Simon Leis crippled technological developments, stacked leadership positions with political cronies and still kept his staff fiercely loyal during his 25-year reign over the sheriff’s office.
According to the Oct. 15 audit, the result was an agency “largely frozen in time” that failed at adopting modern standards and practices for policing and corrections facilities.
As one example, the audit found the agency still uses what it colloquially calls “The Book,” a single, massive paper-based trove of financial data and other information, instead of modern technologies, such as computer spreadsheets. Not only did the agency insist on sticking to the old ways of keeping records, but one unit head reportedly told auditors that she simply does not trust computers.
The audit presents various consequences for Hamilton County: outdated policing policies, exposure to possible litigation and an overworked, under-trained staff.
“A mid-level supervisor indicated that in his twenty-plus year career, he has never had updated use of force training beyond the initial academy. This is inconsistent with the best practices and exposes the HCSO, the County, and officeholders to unnecessary legal liability,” the audit found.
Leis’ policies also had a negative effect on newcomers trying to build a career on the county force, according to the audit.
“The command staff was comprised exclusively of personal and political associates of the former sheriff, some with no true law enforcement experience except at that level,” the audit noted. “Almost no career employees were promoted above the rank of lieutenant, despite advanced training including degrees and other training (e.g. Southern Police Institute) directly related to their careers.”
One staff commander interviewed for the audit reportedly said the failure to identify, train and promote new leaders created “The Lost Generation” at HCSO.
One explanation for the dire circumstances, according to the audit, is that the agency completely lacked inspection and planning functions that would have examined policies and practices for certain standards and established plans to fix discovered errors.
Another possible cause: The audit found that five years of cuts created staffing gaps in several areas, particularly correctional facilities.
Still, the audit found the sheriff’s staff is so loyal that its members would quickly embrace and adapt to changes given through the chain of command. “This is a key advantage, and we have no doubt that both sworn and non-sworn HCSO members will readily and rapidly implement chosen reforms and changes,” the audit claimed.
The audit recommends various new investments and changes in standards for HSCO. It notes that some of the investments, such as a greater focus on modern technology, could help make the agency’s work more efficient and allow a reduction of non-sworn staff — and the costs associated with them — through attrition.
But the investments would involve a substantial policy shift for Hamilton County, which carried out major budget cuts in the past six years just to get to a point this year where large reductions or tax increases aren’t necessary to balance the annual budget.
Hamilton County Sheriff Jim Neil promised the audit during his 2012 campaign. It was conducted by former American Civil Liberties Union attorney Scott Greenwood and former Cincinnati Police Chief Tom Streicher.
The HCSO audit:
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.
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.
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.
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.
The city confirmed today that Cincinnati Police Chief James Craig will be leaving Cincinnati to take a job in Detroit. During Craig’s time, the city experienced a significant drop in crime. City officials praised Craig for his attempts to forge better ties between the Cincinnati Police Department and local communities, particularly by establishing the External Advisory Committee, a group of active local community members and business leaders that gives advice on the police department’s policies and procedures. City Manager Milton Dohoney Jr. said the city will begin a nationwide search for Craig’s replacement tomorrow.
Cincinnati Union Bethel (CUB) is selling the Anna Louise Inn to Western & Southern for $4 million, and CUB will be relocating the Inn’s services to Mount Auburn. Many Anna Louise Inn supporters are taking the sale as a sign Western & Southern won, while others are glad the extensive legal battles are finally over. The sale came after years of Western & Southern obstructing the planned renovations for the Anna Louise Inn through court battles and other legal challenges, which CityBeat covered here. In a Q&A with The Cincinnati Enquirer, Western & Southern CEO John Barrett reflected on the events, saying his company took the “high road” throughout the controversy — a claim many Anna Louise Inn supporters dispute.
City Council grilled Dohoney yesterday over fixing the streetcar project’s $17.4 million budget gap and whether paying for the cost overruns to save the project is worth it. Supporters of the streetcar pushed questions and comments that touted the streetcar project’s return on investment, which was further supported by Dohoney’s testimony and previous studies from HDR, a consulting firm, and the University of Cincinnati. Opponents suggested the cost overruns were too much and the project, which now stands at $133 million, is too expensive. A final decision is expected by the end of May. The streetcar project’s funding comes from the capital budget, which can’t be used to fix the city’s $35 million operating budget deficit because of limits established in state law.
The city and county governments are clashing over the city’s hiring policies for companies bidding on the Metropolitan Sewer District’s (MSD) construction projects. The city’s laws require construction firms to have apprenticeship programs, which the city says promotes job training on top of employment. But the Hamilton County Board of Commissioners claims the requirements aren’t feasible and put too much of a strain on companies. Democratic Commissioner Todd Portune questioned why the city’s policy only applies to MSD and not other local government agencies.
The Duke Energy Garden is the latest addition to the Smale Riverfront Park.
A Catholic teacher union will not support Carla Hale, a gay Columbus-area teacher who was fired after she named her girlfriend in an obituary for her mother. Hale says she was fired over her sexuality, but the Catholic Church says she was fired for revealing a “quasi-spousal relationship” outside of marriage. The Catholic Church opposes same-sex marriage, which means all gay couples are in a non-marital relationship under the Church’s desired policies.
The Internal Revenue Service scandal, which involves IRS officials unfairly scrutinizing conservative groups, is now nationwide. Previous reports pinned the practice on a Cincinnati field office, but numerous IRS offices around the country, including one in Washington, D.C., were found to be guilty of the practice in documents acquired by The Washington Post.
Headline from The Columbus Dispatch: “Man who killed wife, then self: ‘I couldn’t take her mouth anymore.’”
The brain catches grammar errors even when a person doesn’t realize it.
After three nights of arrests, Occupy Cincinnati protesters Sunday night chose to leave Piatt Park at its 10 p.m. closing time and march on the sidewalks around the park. Eleven members were arrested Saturday night for staying on the square after a rally past the 3 a.m. time allowed by its permit. The group is still waiting for a federal judge to rule on whether or not Piatt Park's 10 p.m. closing time is a violation of the First Amendment.
Chicago Police arrested 130 Occupy Chicago protesters over the weekend, and the group plans to picket Mayor Rahm Emanuel's office in response. Protesters described harsh treatment by police, with some spending more than 24 hours in jail. The picketing at City Hall will reportedly include a nurse's union in response to two nurses and a union organizer being arrested while volunteering at Occupy Chicago.
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.