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."
News junkies probably heard about the warnings issued by Cincinnati City Hall this week, reminding citizens of its “ticket amnesty” program: Anyone with unpaid parking tickets should pay now or possibly have their vehicles impounded by police.
What City Hall didn't announce was that as of last month, 429 of the nearly 62,000 unpaid parking tickets were issued to municipal employees — including some cops and firefighters.
The Republican head of Hamilton County’s governing board outlined his own alternative for a 2013 budget on Monday, proposing an austere path forward after rejecting other budgets that would raise some taxes.
Board of County Commissioners President Greg Hartmann said his proposed budget would reduce the size of county government by 30 percent, compared to five years ago. He said he wants the board to approve a budget before the Thanksgiving holiday.
“It is a budget of austerity and investment in growth,” Hartmann said.
He added, “It is a structurally-balanced budget,” that doesn’t use one-time sources of cash to make up for shortfalls.
Hartmann’s proposed budget would cut the Sheriff’s Department by about $57,000 or 0.01 percent from 2012 levels; reduce the coroner’s appropriation by 3 percent or $99,000; cut economic development by 5 percent; cut 5 percent from adult criminal courts; and reduce subsidies to the Communications Center and Sheriff’s Department.
Hartmann stressed that it is important to fund public safety as fully as allowable in these tough economic times, as economic development is not possible without it.
Hartmann’s budget comes after commissioners rejected three proposals from County Administrator Christian Sigman.
Sigman proposed $18.7 million in cuts, which Hartmann’s budget maintained in addition to his own reductions.
Two of Sigman’s proposals involved increasing the sales tax to balance the budget.
Fellow Republican Commissioner Chris Monzel said he supports Hartmann’s efforts at austerity, but is working on his own budget proposal as well.
“An austerity budget is the way we’re going to go, and it’s going to be hard,” he said.
The board’s sole Democrat, Todd Portune, said he too is working on his own proposal that he had hoped to have prepared for the Nov. 5 meeting, but was still making tweaks and hoped to present it by the following week.
He hinted that the results of Election Day might impact how he crafts his budget proposal.
“Tomorrow’s results may have an impact as well on the budget that I present as it relates as well to those who are running for county seats,” Portune said. “We have in some cases two very different visions in terms of solutions.”
Both he and Hartmann are up for re-election. Portune is running against Libertarian Bob Frey. Neither candidate has a major party challenger.
Hartmann, who has actively campaigned for Republican presidential candidate Mitt Romney, had a joke in response to Portune’s waiting for the election results.
“I thought you were predicting Romney’s win would make the economy go on the right track,” Hartmann cracked. “I was thinking that’s what you were going to go with.”
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.
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.
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.
Cincinnati City Councilman P.G. Sittenfeld wants his colleagues to approve a police recruit class for next year, the first since June 2008.
There currently are 1,022 sworn officers in the Cincinnati Police Department, along with 115 non-sworn staff. The high-mark during the past decade occurred in 2008, when there was a total of 1,148 sworn officers and 229 non-sworn staff.
By November 2013, based on department retirement projections and without the addition of a new recruit class, the Police Department's complement will be down to 964 sworn officers — 184 fewer sworn officers than in 2008.
“By the end of 2014, without the addition of a recruit class, our police force will be 197 officers below the authorized complement level,” Sittenfeld wrote in a memo to his colleagues.
“The Police Department has communicated the importance of a recruit class as a simple reflection of the numbers,” he added. “In the same way that council has needed to be realistic about our highest police staffing levels being financially unsustainable, we must also be realistic about how low we can allow staffing levels to fall and still provide the service that is expected.”
Other council members haven’t yet weighed in on the issue, which is a topic that likely will be brought up during budget hearings later this year.
City officials are now considering four finalists for the Cincinnati Police Department’s top job, City Manager Milton Dohoney announced today.
The city has been looking for a replacement for former Cincinnati Police Chief James Craig, who left in June to take the top police job in his hometown, Detroit. Since then, Paul Humphries has been acting chief of the Cincinnati Police Department.
Humphries is among the four finalists being considered by the city manager. The others: Jeffrey Blackwell, deputy chief of the Columbus, Ohio, Police Department; Michael Dvorak, deputy chief of the Mesa, Ariz., Police Department; and Jerry Speziale, deputy superintendent of the Port Authority of New York and New Jersey Police.
Whoever is picked will be charged with implementing new policies and leading the Cincinnati Police Department.
The four finalists were screened by a committee that looked at 28 total applicants. The committee was comprised of 11 members that included a former police chief, a former prosecuting attorney, Air Force veterans, business leaders and community members.
“I am appreciative to the Screening Committee for their time, dedication and the seriousness to which they approached the selection process in order to recommend this group of excellent candidates for our next Chief of Police,” Dohoney said in a statement.
The city manager will make the final decision of who to appoint as Cincinnati’s next police chief. Dohoney could choose one of the four finalists or consider other applicants until the position is filled.
Streetcar proponents have spent considerably more on their campaign than the anti-streetcar people, probably because Issue 48 is so wide-reaching it has brought out people concerned with things way more important than the streetcar such as regional planning, commuter rail and making Cincinnati not look like it totally sucks.
Also being outspent are the SB 5 supporters, who have seen support decline dramatically in recent weeks as people look around their neighborhoods and see a bunch of regular people whose rights would be taken away. And Building a Better Ohio does unethical things like this, which makes people think they are meanies.
Here's a blog about City Council candidate Chris Smitherman arguing against all the legal experts who say Issue 48 will block all rail construction through 2020.