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."
Cincinnati officials today released an updated list of City Hall employees who have unpaid parking tickets, and the list includes members of the Police and Fire departments.
A total of 311 municipal employees have delinquent parking tickets, totaling $30,662 in unpaid fines, as of May 4th. That amounts to about 0.25 percent of the total amount of delinquent tickets, said a city spokeswoman.
In partnership with the Cincinnati Police Department, City Councilman Chris Seelbach on Thursday unveiled a legislative plan that would crack down on cellphone thefts by making it more difficult to sell stolen devices.
“We know that the cellphone is such an important part of everyone’s lives,” Seelbach says. “It’s how we connect to our loved ones, to our work environment. It’s how we capture moments that we want to remember. And so to have something like that stolen is definitely an offense that is personal.”
Americans are increasingly using cellphones for more than making calls. Applications now let people browse the Internet, social media and even bank accounts. But the diversity of uses has also linked cellphone theft to other crimes, such as identity theft.
Cellphone thefts made up 30 to 40 percent of robberies in major cities in 2011, according to the Federal Communications Commission.
The initiative will require the hundreds of dealers who currently buy cellphones second-hand to get licensed with the city and keep full records of the transaction, including a serial number of the device, a photocopy of the seller’s ID and other contact information. Seelbach likened the requirements to existing regulations for pawn shops.
The hope is that cracking down on dealers will make stolen cellphones more difficult to sell and less lucrative to potential thieves.
Seelbach says the plan will come at no extra cost outside of the extra policing work. Acting Cincinnati Police Chief Paul Humphries says the police department prefers taking preventive measures that stop cellphone theft in the first place than spending costlier resources on investigating a robbery after it happens.
If the legislation is approved by City Council, police officers will first take steps to educate dealers about the new law. Shortly after, police will begin cracking down with fines.
Officials are also advising cellphone owners to take their own steps to avoid having devices stolen: Never leave a phone unattended, avoid using a cellphone in public when it’s unnecessary and put a password lock on the phone.
Similar laws already exist at the state level, but they’re currently not enforced, Seelbach says.
The plan will go through a City Council committee on Monday and, if approved there, a full session of City Council on Wednesday. Seelbach says he’s expecting unanimous support from fellow council members.
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.
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.
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.
An amendment in the Ohio House budget bill last week would make it so universities have to decide between providing voting information to students or retaining millions of dollars in out-of-state tuition money. The amendment would make it so universities have to classify students as in-state — a classification that means lower tuition rates — when providing documents necessary for voting. Republicans claim the measure is “common sense” because anyone voting for Ohio’s elections should be an Ohio resident. But the amendment has provoked criticism from Democrats and universities alike, who say universities are being thrown into the middle of a voter suppression scheme.
An analysis from left-leaning Policy Matters Ohio found the tax plan currently working through the Republican-controlled Ohio legislature favors the wealthy. The analysis also claimed there’s little evidence the across-the-board tax cuts suggested would significantly help Ohio’s economy. The plan still needs to be approved by the Republican-controlled Ohio Senate and Republican Gov. John Kasich.
Council members are asking Cincinnati Police Chief James Craig to remain in Cincinnati instead of taking a job in Detroit, but City Manager Milton Dohoney Jr. didn’t seem convinced that much can be done. Dohoney said Craig’s hometown is Detroit, a city that has suffered in recent years as the local economy has rapidly declined.
Democratic Cuyahoga County Executive Ed FitzGerald is running for governor, and he will make Cincinnati one of his first stops
for his campaign kick-off tour. FitzGerald is challenging Republican
Gov. John Kasich in 2014, who has held the governor’s office since 2010. A recent poll found Kasich in a comfortable position with a nine-point lead on
FitzGerald, but many respondents said they don’t know enough about
FitzGerald to have an opinion on him.
Greater Cincinnati home sales hit a six-year high in March, with 2,190 homes sold. The strong housing market, which is recovering from a near collapse in 2008, is widely considered by economists to be a good sign for the overall economy.
But Ohio’s venture capital investments dropped to a two-year low, according to data from PricewaterhouseCoopers and the National Venture Capital Association.
The Ohio EPA and Hamilton County Recycling and Solid Waste District are partnering up to provide a $250,000 grant to help purchase equipment to screen, clean and sort glass — an important part of the recycling industry.
Councilman P.G. Sittenfeld is asking Cincinnatians to forgo lunch on April 24 to take part in the Greater Cincinnati Day of Fasting. The event will let participants “experience a small measure of the hunger that is a part of many people’s daily lives,” according to a press release from Sittenfeld’s office. Participants are also being asked to donate money to the Freestore Foodbank. A ceremony for the event will be held on April 24 at noon in Fountain Square.
The U.S. Senate is moving toward approving bill that would allow states to better enforce and collect online sales taxes.
Mars One is calling all applicants for a mission to colonize Mars in 2023.
The sport of the future is here: combat juggling:
A Sycamore Township man died overnight after the Hamilton County Sheriff’s Office used a Taser to subdue him during a brief struggle.
While responding to a 911 call, deputies found Gary Roell, 59, half-clothed and smashing windows behind a resident’s home, according to the police report. When deputies ordered Roell to the ground, he charged at them and punched one of the officers in the face. The deputies then shot Roell on the back with a Taser to physically restrain and handcuff him.
After he was taken into custody, Roell began having labored breathing, and emergency medical services were called, the report reads. But before ambulances arrived, Roell stopped breathing. Despite attempts by deputies to revive Roell with CPR, he was pronounced dead upon reaching the hospital.
Roell reportedly suffers from bipolar depression and schizophrenia, which can lead to a distorted view of reality. He had apparently stopped taking his medication.
Two key facts remain unknown: whether the Taser led to Roell’s death and how many times the Taser was actually used. Jim Knapp, spokesperson for the Hamilton County Sheriff’s Office, says those issues will be investigated by the Hamilton County Sheriff’s Criminal Investigative Section and the Hamilton County Coroner’s Office.
Hamilton County Sheriff Jim Neil says the officers followed protocol, given Roell’s violent behavior and actions.
For some, the question is whether police protocol is correct in the first place. Advocacy group Amnesty International has been asking police departments around the country to scrutinize standards for deploying a Taser.
A 2012 report from Amnesty International found at least 500 people died in the United States between 2001 and 2012 after being shocked with Tasers during their arrests or while in jail. On average, that’s nearly four deaths around the country each month.
But if officers don’t use Tasers, they must resort other non-lethal tools, such as pepper spray or a baton, that require getting closer to a target. That, police experts argue, could lead to more injuries.
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.
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.
Occupy Cincinnati protesters have asked a judge to throw all charges against them, arguing that the park rules are unconstitutional which means their punishments shouldn't exist. The cases are expected to be delayed until the constitutional argument is figured out.
Two county commissioners say they want to help the county's Job and Family Services agency after an Enquirer analysis detailed massive funding, technology and staffing shortages that might have contributed to the deaths of three toddlers during the last 10 months. Republican Greg Hartmann and Democrat Todd Portune have suggested the agency use money from a reserve set aside for an expected bookkeeping penalty while they vote on a budget that will stay the same as last year.