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by Kevin Osborne 03.26.2012
Posted In: Protests, Courts, Racism, Social Justice, Human Rights at 10:43 AM | Permalink | Comments (0)
 
 
malloryhoodie

Local Rally Planned for Trayvon Martin

Participants will wear hoodies on the square

A rally will be held at Fountain Square today to commemorate the shooting death of Florida teenager Trayvon Martin and to demand a thorough investigation of the incident.

The event begins at 5 p.m. and attendees are asked to bring signs that aren’t posted on sticks, to comply with a local law, and also to wear hooded jackets. Martin, 17, was wearing a “hoodie” when George Zimmerman allegedly killed him Feb. 26 in Sanford, Fla.

Rallies have been held across the nation during the past week to protest the handling of Martin’s case. Many of the participants have worn hoodies in a show of solidarity with the slain teenager, often carrying signs that state, “I am Trayvon Martin.”

Cincinnati Mayor Mark Mallory posted a similar photograph on his Facebook page over the weekend. It’s unclear if Mallory plans to attend today’s rally.

Among the groups organizing the rally are Occupy The Hood and the Intercommunity Justice and Peace Center.

Zimmerman, 28, who says he belongs to a neighborhood watch program in his gated community, began following Martin at about 7 p.m. for what he described in a 911 call as “suspicious behavior.” Martin was walking back to his father’s condominium after buying iced tea for himself and Skittles for his soon-to-be stepbrother.

"This guy looks like he's up to no good, on drugs or something," Zimmerman told a 911 dispatcher.

Some sort of encounter occurred that resulted in Martin’s death. Sanford Police didn’t arrest Zimmerman, saying that it appeared he acted in self-defense.

Sanford Police accepted Zimmerman’s version of events at face value. “Until we can establish probable cause to dispute that, we don't have the grounds to arrest him,” Sanford Police Chief Billy Lee told ABC News earlier this month.

After the incident became publicized through Facebook, Twitter and other social media, public outcry grew. More than 2 million people have signed an online petition demanding justice, and the FBI and the U.S. Justice Department have launched investigations.

 
 
by Kevin Osborne 03.22.2012
Posted In: Congress, Ethics, Courts, 2012 Election, Protests at 04:51 PM | Permalink | Comments (0)
 
 
schmidt

Schmidt Drops Lawsuit

Congresswoman sought $6.8M from opponent

Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.

A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told
The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.

Krikorian is claiming victory in the dispute, and told
CityBeat the lawsuit was an intimidation tactic by well-funded special interests.

“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money.  It did not work.”

Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.

During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.

But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.

Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as
one of the most corrupt members of Congress.

All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.

“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman,
told The Enquirer today about dropping the lawsuit.

The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.

Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.

Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.

“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,”
Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”

When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”

For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.

“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”

Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.

Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.

 
 
by Kevin Osborne 03.22.2012
 
 
471

Morning News and Stuff

Cincinnati officials approved a deal Wednesday that offers up to $12 million in tax incentives to a local firm in return for it agreeing to build its new headquarters at the long vacant site at Fifth and Race streets downtown and maintaining certain employment levels. City Council said it was important to keep Dunnhumby USA, a retail branding company, located here. Dunnhumby will build a $36 million complex that includes 250,000 square feet of office space and create 550 new jobs by 2014, along with retaining its 450 current employees. Under the deal, the city would pay Dunnhumby up to 75 percent of the new income tax generated each year as the company adds jobs.

A plan to reconfigure I-471 in Northern Kentucky is delaying a road project across the Ohio River in Cincinnati's East End neighborhood. The city's project would make Riverside Drive more like a neighborhood street, instead of a major thoroughfare, and add bicycle lanes. But the I-471 project means motorists who need to reach the East Side during rush hour will likely be using Riverside Drive, so city engineers don't want to restrict traffic there until the highway construction is done. The change means the Riverside Drive work will be delayed between one and two years.

Partially based on local complaints, Ohio Attorney General Mike DeWine filed an antitrust lawsuit against Cargill Inc. and Morton Salt Inc. for allegedly being involved in a price-fixing scheme. The lawsuit alleges the two companies divided up the Ohio rock salt market between themselves, agreeing not to compete with each other and driving up rock salt prices over the past decade. In 2008, Hamilton County said it saw signs that collusion was occurring when it was getting only one bid for salt at triple the usual price.

A man who rescued a child from a burning house in Northside is among a group of people recognized for their heroism. Ryan Phillips, 43 of Cincinnati, saved a 3-year-old child from a fire in February 2011. He is among the 21 winners of Carnegie Medals for heroism. Carnegie medalists receive a financial reward from a fund. More than $33.9 million has been awarded to 9,516 honorees since its 1904 inception.

Boosted by expansion at hospitals and colleges, the number of construction jobs in Ohio is slowly increasing. The state’s construction industry employed 177,300 workers in January, an increase of 4,500 — or 2.6 percent — from January 2011, according to a new analysis of Labor Department data by the Associated General Contractors of America. Almost half of the gains came from the Columbus area. (For the record, the mayor of Columbus and a majority of its City Council are Democrats. Just saying.)

In news elsewhere, after a long standoff and a gun battle, French police today stormed into the apartment of a young Islamic radical suspected of killing seven people. The suspect, Mohammed Merah, was shot and killed in the confrontation. He is believed to be the person that murdered three off-duty soldiers, three Jewish schoolchildren and a rabbi in an eight-day terrorism spree.

Criminal defendants have a constitutional right to effective lawyers during plea bargain negotiations, the U.S. Supreme Court ruled on Wednesday. In a pair of 5-to-4 decisions, the high court vastly expanded judges’ supervision of the criminal justice system. The decisions mean that what used to be informal and unregulated deal making is now subject to new constraints when bad legal advice leads defendants to reject favorable plea offers. About 97 percent of convictions in federal courts were the result of guilty pleas. In 2006, the last year for which data was available, 94 percent of convictions in state courts were the result of such deals.

Even though he came in fourth, behind Ron Paul, in the Illinois primary this week, Newt Gingrich isn't giving up hope about his struggling presidential bid. The ex-House Speaker told NPR that he sees no reason to exit the Republican presidential race and that there's a chance of a new contender emerging at the party's convention in August. "I'm not so sure you wouldn't get a series of brand new players" stepping forward during a brokered convention, he said. Dream on, Newt.

Soldiers in Mali have taken over state-operated television and announced they have seized control of the government. The soldiers said the coup was necessary because of the mishandling of an insurgency in the north. For those of you scratching your heads, Mali is in western Africa, near Algiers, and has a population of 14.5 million people. (It's not to be confused with Malawi, where Madonna likes to adopt children.)

Federal prosecutors in Brazil have filed criminal charges against 17 Chevron and Transocean executives over an oil leak in the Atlantic Ocean in November 2011. Prosecutors on Wednesday accused the executives of environmental crimes, of misleading Brazil's oil regulator about their safety plans and not providing accurate information in the wake of the spill. At least 416,000 liters of oil seeped through cracks on the ocean floor near a Chevron well off the Rio de Janeiro coast.
 
 
by Kevin Osborne 03.20.2012
 
 
exorcism

Morning News and Stuff

To help avoid a $43 million deficit, the Cincinnati Board of Education voted Monday to cut 40 staff positions for next year. The positions affected are central office staff and administrative employees. The board said some teacher layoffs are possible later, but it wants to see how many people plan on retiring after the school year ends.

A retired local judge told WCPO-TV's I-Team that his dismissal from a United Nations tribunal was the result of a “purge” because some U.N. officials disliked the reforms that he and his colleagues were implementing. Mark Painter, who is a former municipal court judge and appellate court judge in the Cincinnati area, served three years as the only American on a new tribunal that makes final judgments on internal United Nations disputes. But the committee that selects judges chose not to renominate him for a full seven-year term. Painter said it's because the tribunal made its decisions binding, but U.N. officials denied the allegation.

About 40 people attended an event Monday night at downtown's Piatt Park to mark Occupy Cincinnati's return to the plaza. As part of a deal signed last week with the city's attorneys, Occupy members are now allowed to remain in the park overnight as long as they are quiet and don't erect tents. Less than 10 people chose to stay until this morning.

In other protest-related news, the Archdiocese of Cincinnati gave permission for a Catholic priest in a Dayton suburb to perform an exorcism outside of a medical clinic that performs abortions. The Rev. Tim Ralston of St. Charles Borromeo Church in Kettering performed the rite Sunday at the Women's Med Center. About 300 anti-abortion activists attended the event.

Gov. John Kasich is trying to force out the leader of the Ohio Republican Party before November's elections. Party Chairman Kevin DeWine announced Sunday he wouldn't seek reelection when his two-year term expires in January, but Kasich wants DeWine gone now. Kasich wants to name his own appointee, and hopes to oust DeWine when the GOP’s newly elected 66-member central committee meets April 13.

In news elsewhere, public outcry has prompted the U.S. Justice Department to launch an investigation into the shooting of a black teenager by a neighborhood watch captain who escaped arrest. More than 435,000 people signed an online petition calling for the arrest of the shooter, George Zimmerman. Trayvon Martin, 17, was unarmed when he was killed Feb. 17 while walking home after buying Skittles and iced tea at a nearby store.

More details are emerging about the past of the Norwood native who is accused of killing 16 Afghan civilians in a shooting spree. Before he enlisted in the Army, Robert Bales' career as a stockbroker came to an end when a court arbitrator ordered Bales and the owner of the firm that employed him to pay $1.4 million for taking part in “fraud” and “unauthorized trading.” The client, Gary Liebschner, a 74-year-old retired engineer, told The Washington Post that he “never got paid a penny” of the award.

Meanwhile, the shooting spree may lead to Afghan President Hamid Karzai winning a major concession from the United States. Officials are mulling whether to modify the use of controversial night raids by troops and giving Afghans more oversight. The Obama administration is discussing options with the Afghans including a warrant-based approach or possibly allowing Afghan judges to review raids before they took place, a U.S. official said Monday.

JP Morgan Chase is closing the Vatican bank's account with its Italian branch based on concerns about a lack of transparency at the Holy See's financial institution. Italian newspapers reported JP Morgan Chase informed the Vatican bank that its account was being closed because it had failed to provide sufficient information on money transfers. The institution has been accused of tax fraud and money laundering in the past.

The man who killed four people at a Jewish school in southwestern France on Monday had a camera around his neck and may have filmed the scene, France's interior minister says. Police have linked the attack to two shootings last week in which three soldiers of North African descent died. The same gun and the same scooter were used in all the attacks, they report. French schools held a moment of silence today to remember the victims.
 
 
by Kevin Osborne 03.14.2012
 
 
streetcar

Duke's Streetcar Claim Might be Crumbling

Ohio law has exception for wire-powered vehicles

A review of the fine print in Ohio law could spell trouble for Duke Energy in its dispute with Cincinnati about who must pay to move utility lines to accommodate the city’s streetcar project.

Readers of CityBeat’s March 6 cover story know that one of the legal arguments made by Duke Energy is that it said the system qualifies as a utility itself under Ohio law. And one utility has no legal obligation to reimburse another utility, Duke added.

City officials disagree with Duke’s interpretation, and the two sides currently are trying to negotiate a compromise to the impasse.

The city is willing to pay $6 million to relocate Duke’s natural gas, chilled water, fiber and electrical infrastructure along the streetcar route, but the firm insists it will cost at least $18.7 million and possibly more.

A close reading of the Ohio Revised Code (ORC), however, reveals it is unlikely that a streetcar system qualifies as a “public utility.”

Under Ohio law, the following items are defined as public utilities:

“A motor transportation company, when engaged in the business of carrying and transporting persons or property or the business of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, for the public in general, over any public street, road, or highway in this state.” ORC §4905.03

But motor-propelled vehicles aren’t defined under Ohio law. The ORC does, however, define “motor vehicle” as:

“(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.” ORC §4501.01(B)

Streetcars operate using overhead trolley wires, thus they aren’t considered motor vehicles under Ohio law. But do they even qualify as vehicles? The ORC defines vehicles as:

“(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.” ORC §4501.01(A)

Of course, streetcars run on rails and use power from electric trolley wires. So, they aren’t vehicles either.

The conclusion: Either “motor-propelled vehicles” mean the same as “motor vehicles” (in which case it doesn’t apply to streetcars) or “motor-propelled” is an adjective to “vehicle” (which also doesn’t apply, as streetcars aren’t vehicles).

In each instance, a streetcar system doesn’t fall into the legal realm of a “motor transportation company” and therefore isn’t a “public utility.”

 
 
by Kevin Osborne 03.14.2012
 
 
lizrogers

Morning News and Stuff

A recent vote by Cincinnati City Council to give nearly $1 million in grants and loans so a Hamilton restaurant could open a second location in The Banks district is again coming under scrutiny. Council's vote occurred after a week’s delay when members learned owner Liz Rogers owed more than $49,000 in back taxes to the federal government. As it turns out, Rogers turned herself in at the Butler County Sheriff's Office Tuesday on a warrant related to another debt. The warrant was issued after Rogers failed to appear at a December 2010 hearing on a $3,000 debt she owes to Queen City Computer Press of Blue Ash. Rogers was released on a $3,100 bond posted by her husband.

Although some City Council members expressed misgivings after the latest turn of events, Rogers told WCPO-TV (Channel 9) that City Manager Milton Dohoney Jr. knew about all her outstanding debts before he recommended that she get city funding.

Meanwhile, Rogers' legal troubles are adding to the embarrassment over a recent feature in The Enquirer. When the newspaper published a high-profile, above-the-fold list of the “20 Professional Women to Watch in 2012” on Feb. 12, it was criticized in journalism circles for including its own editor, Carolyn Washburn, among the honorees. But the list also included Rogers as a person to keep an eye on. That sounds about right.

The Hamilton County Prosecutor's Office has dropped the case against a woman charged with disorderly conduct and resisting arrest after viewing video from the dashboard camera of the Addyston police officer who stopped her vehicle. The video shows Officer Jeremie Keene pulling Tiffany Becker from her vehicle, pushing her to the ground and cuffing her on Feb. 10, after her van allegedly failed to come to a complete stop at an intersection. Keene's police report said Becker spat at him and refused to leave her vehicle, but the video footage tells a different story.

The Kroger Co. has hired Suzanne Lindsay as its director of sustainability, a new position responsible for reducing the firm's energy consumption and waste, and increasing its transportation efficiency. Lindsay previously held a similar position at PetSmart. Cincinnati-based Kroger is the nation’s largest grocery retailer with more than 2,400 stores in 31 states.

In news elsewhere, Tuesday night likely will be remembered as the beginning of the end for Newt Gingrich's presidential aspirations. Although the ex-House Speaker placed second in primaries in Alabama and Mississippi, outright victories in the two southern states near his native Georgia were considered crucial to proving the viability of his campaign.

Despite pouring massive amounts of cash into campaigning in the two states, Mitt Romney placed third in both primaries. Rick Santorum won both contests. He got 34.5 percent of the vote in Alabama, compared to Gingrich's 29.3 percent and Romney's 29 percent. In Mississippi, Santorum got 32.9 percent, compared to Gingrich's 31.3 percent and Romney's 30.3 percent.

An advocacy group that helps victims of pedophile priests said attorneys from the Roman Catholic Church are using legal tactics to harass it into silence. The Survivors Network of those Abused by Priests (SNAP) isn't a plaintiff or a defendant in the pending cases against priests, but it has been subpoenaed five times in recent months in Kansas City and St. Louis. Also, SNAP's national director, David Clohessy, was questioned by a battery of church attorneys for more than six hours in one case.

Former Vice President Dick Cheney has cancelled a planned April trip to Toronto, stating that conditions in Canada are too dangerous. Cheney had planned on giving a speech about his time in office, but had second thoughts after a September incident in Vancouver. While speaking at a private club, protesters massed outside the front door and harassed ticket holders. Cheney reportedly was held inside the building for more than seven hours as police in riot gear dispersed the demonstrators. Maybe Dick should plan a trip to Baghdad instead?

A new medical study indicates the eyes and brains of astronauts who have spent long periods of time in orbit can develop abnormalities. Magnetic resonance imaging on 27 astronauts found effects similar to those of intracranial hypertension, which results in a build up of pressure within the skull, researchers said. I guess that explains why Capt. Kirk was always such a loose cannon.
 
 
by Kevin Osborne 03.13.2012
 
 
miami-university-logo

Morning News and Stuff

After months of delays, a federal judge on Monday sentenced a once prominent Butler County politician to prison. U.S. District Court Judge Sandra Beckwith imposed a penalty of four years behind bars on Mike Fox, an ex-Butler County commissioner and former state representative. Fox's attorneys had tried to argue he should get home incarceration because he is morbidly obese and suffers from diabetes and depression, but Beckwith wasn't swayed. Fox agreed to a plea deal in early 2011 on charges of conspiracy to commit mail and wire fraud and filing a false tax return.

In another sign that higher education and collegiate sports are becoming Big Business, Miami University in Oxford has trademarked the nickname, “Cradle of Coaches.” The U.S. Patent and Trademark Office approved the request last month, capping a two-year effort by school attorneys. The university has used the phrase since 1959.

Gov. John Kasich is expected to announce a plan Wednesday in which he will keep a campaign pledge to cut Ohio's income tax rate by filling the budget hole it will cause by by raising taxes on oil and gas companies involved with fracking.

A bus driver who drove into a local TV news van in January was found guilty Monday of making an improper lane change and was ordered to pay a $100 fine. Joann Searles, 48, was the driver of a GoBus that clipped the WCPO-TV (Channel 9) van during live coverage of a news conference on the Horseshoe Casino collapse on Jan. 27, just outside the construction site of the new casino on Gilbert Avenue, at the Greyhound Bus Terminal. Searles already has lost her job because of the incident. Here's an idea: Don't hold a press conference at a busy bus terminal or park your van in the middle of a driveway. Casino officials should give this lady a job.

City planners are seeking public input from residents about how Cincinnati should grow and be developed during the next 30 years. The city's Department of Community Planning and Buildings is drafting Cincinnati's first comprehensive plan since 1980 and will hold an open house Wednesday. It will be held from 11 a.m. to 7 p.m. on the seventh floor of Two Centennial Plaza, 805 Central Ave., downtown.

In news elsewhere, a federal investigation has concluded that managers at major banks ignored widespread errors in the foreclosure process, in some cases instructing employees to adopt make-believe titles and speed documents through the system despite internal objections. The probe by the Department of Housing and Urban Development said managers were aware of the problems but did nothing to correct them. Some of the banks involved include Bank Of America and Wells Fargo.

Some critics of President Obama are saying he's being given a pass on policies that would have triggered outrage if they had been done by his predecessor, George W. Bush. The actions include aggressively filling his reelection war chest with Super PAC money and approving shoot-to-kill orders against an American terror suspect overseas. The disconnect reveals a double standard, Politico reports.

A former editor at The Sun newspaper in Britain is among six people arrested by Scotland Yard detectives on suspicion of conspiracy to “pervert the course of justice,” as part of the investigation into telephone hacking by media outlets owned by Rupert Murdoch. Rebekah Brooks, 43, was arrested this morning at her home. The arrests form the biggest single swoop yet by police in its ongoing investigation into alleged voicemail interception; so far, 23 people have been held, with two people released without charge.

At least 30 people are feared dead after a ferry collided with a barge in the Meghna River in Bangladesh. About 35 passengers were rescued by another ferry but more than 150 passengers remain unaccounted for, officials said.

A major detergent brand from Procter & Gamble has become the target of thieves nationwide, police said. Theft of Tide detergent has become so rampant that some cities are setting up special task forces to stop it. One thief in Minnesota stole $25,000 worth of the product before he was arrested last year. Tide has become a form of currency on the streets and the retail price is steadily high, making it a popular item on the black market.
 
 
by Kevin Osborne 03.01.2012
Posted In: 2012 Election, Courts, Ethics, Democrats at 03:24 PM | Permalink | Comments (0)
 
 
WIlliam O'Neill

Candidate Scolded by Judicial Hearing Panel

Complaint upheld against Rucker's opponent

A judicial conduct panel ruled this week that the primary election opponent of a local Municipal Court judge knowingly misrepresented himself in campaign materials.

The panel decided that retired appellate court judge William O’Neill from Cleveland left the impression that he is a current judge in a two-sided campaign card he distributed. In fact, O’Neill now works as an emergency room nurse at a hospital.

O’Neill and Hamilton County Municipal Court Judge Fanon Rucker are vying to be the Democratic Party’s nominee for the Ohio Supreme Court.

Whoever wins the March 6 primary election will face off against incumbent Justice Robert Cupp, a Republican, in the November general election.

The three-judge panel upheld the complaint filed by Richard Dove, secretary of the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline. The panel said O’Neill’s campaign card refers to him nine times as “judge,’’ while describing him as “former court of appeals judge’’ once.

“The fact that he is known as judge because of his tenure on the 11th District Court of Appeals and that as a retired judge he is known as a judge, he nevertheless as a judicial candidate is prohibited from using the term ‘judge’ before his name in campaign materials since he does not currently hold that office,’’ wrote Guernsey County Common Pleas Judge David Ellwood, who chaired the three-judge panel.

The panel recommended no discipline for O’Neill other than he stop distributing the card. A 5th District Court of Appeals judge must appoint a panel of five fellow appellate judges within the next week to consider the lower panel’s recommendations and make a final decision.

Rucker is the Ohio Democratic Party’s endorsed candidate, but O’Neil has twice before — in different races — had party leaders rescind an endorsement and give it to him.

O’Neill has run twice for the state Supreme Court — in 2004 and 2006 — and then Congress in 2008 and 2010. Although he has won in the primaries, O’Neill has lost in the general elections.

Local Democratic Party leaders are criticizing O’Neill, stating he is moving too slowly to remove misleading material from his campaign website.

“While Mr. O’Neill promised Monday to make the required corrections, as of this writing on Wednesday, Feb. 29, his website remains unchanged,” Hamilton County Democratic Party Chairman Tim Burke wrote in a statement issued Wednesday night.

“This is not the kind of conduct we as Democrats should condone by any of our candidates, especially candidates running for a seat on the highest court of our state,” Burke added. “Ohioans deserve a Supreme Court candidate who not only understands the law, but respects it as well.”

For more on the O’Neill/Rucker race, see this week’s issue of CityBeat.


 
 
by Kevin Osborne 02.27.2012
Posted In: Courts, Religion, Ethics at 05:13 PM | Permalink | Comments (1)
 
 
poandl

Priest Returns to Cincinnati Amid Allegations

The Rev. Robert F. Poandl will stay at missioners residence in Fairfield during investigation

For the second time in three years, a Catholic priest has been pulled from parish duties from out of state and returned to Greater Cincinnati following allegations of sexual abuse.

The Rev. Robert F. Poandl was relieved of his ministry assignment as pastor of Glenmary missions in Georgia earlier this month and ordered to return to the Glenmary Home Missioners residence in Fairfield.

The action was taken after the Rev. Chet Artysiewicz, Glenmary president, was informed of an allegation of sexual misconduct involving a minor against Poandl. The abuse allegedly occurred about 30 years ago. Poandl, who is 70, has denied the allegation but isn’t allowed to publicly function as a Catholic priest during the investigation process, Artysiewicz said.

Artysiewicz is Poandl’s direct supervisor.

Police have been notified of the anonymous allegation, as have bishops in the dioceses affected by the investigation, including the Diocese of Savannah where Poandl was serving. The chairperson of the Glenmary Review Board was notified on Feb. 11, and an internal investigation was launched to determine the allegation’s credibility.

"I am committed to maintaining accountability and transparency as this investigative process unfolds," Artysiewicz said in a prepared statement. "Father Poandl and I have both pledged our full cooperation in this investigation, and I will do whatever I can to meet the pastoral needs of all those involved."

In August 2010, just days before his trial on molestation charges in West Virginia was set to begin, all charges against Poandl were dropped. Poandl allegedly abused a boy on a trip there in 1991, when the complainant was just 10 years old. The case was dropped due to unspecified issues during the discovery process related to the boy's medical records.

The turn of events prompted the Survivors Network of those Abused by Priests (SNAP) to write to 11 bishops in dioceses where Poandl worked, asking them to use their resources to contact others who might have been sexually abused by him, but only one in Texas replied.

Besides Cincinnati, Poandl worked in Kentucky (Franklin), Louisiana (New Orleans), Pennsylvania (Mifflintown and Doylesburg), Mississippi (Aberdeen), Oklahoma (Hugo), Texas (Pittsburgh and Mount Vernon), and most recently in Georgia (Claxton, Pembroke, Sandhill, Blairsville and Dahlonega).

He is originally from Metuchen, N.J., and studied in Ohio, Indiana and Mexico.

After the most recent allegation, SNAP has urged Artysiewicz to put Poandl in a secure treatment center away from children and pro-actively seek out others who may have seen, suspected or suffered from his alleged crimes.

In other news of possible priestly misconduct, jury selection continued today in a Philadelphia case involving two priests charged with rape and a monsignor charged with protecting them.

Monsignor William Lynn lost a bid to have his case thrown out based on new evidence found in a 10th-floor safe at the Archdiocese of Philadelphia. A memo turned over by the archdiocese this month states the late Cardinal Anthony Bevilacqua ordered his top aides to shred a list of 35 accused priests still in ministry in 1994 — a decade before the child abuse scandal became widely publicized.

Lynn said he prepared the list and gave it to Bevilacqua after he became secretary for clergy in 1992 and started reviewing secret archives of priest abuse complaints. The complaints were kept in a secure room, rigged with an alarm, at the archdiocese's downtown headquarters.

 
 
by Kevin Osborne 02.21.2012
 
 
towing

Morning News and Stuff

If you've ever felt like your car was held hostage by a towing company wanting an exorbitant fee before it would release your vehicle, this will sound like sweet justice. The city of Cincinnati's prosecutor has begun a criminal investigation of Kenwood Towing, based on allegations of overcharging. The firm, which has locations in Northside and South Cumminsville, also has been indefinitely suspended from its city contracts pending the investigation's outcome. Ohio law limits how much towing companies can charge, but residents have complained that Kenwood routinely violates the law, in some cases charging 400 percent more than is allowed.

Leasing issues with some current tenants at Corryville Plaza could delay parts of a major redevelopment project near the University of Cincinnati. The $78 million first phase of U Square @ The Loop is underway, with construction of shops and apartments along William Howard Taft Road. But plans to demolish and revamp the plaza where a Kroger grocery store and a Walgreen's pharmacy are located might be postponed. That's because three tenants — a chiropractic center, furniture store and clothing retailer – remain under lease under 2015. Developers are negotiating for their earlier departure.

The recent, unexpected death of Hamilton County Coroner Anaht Bhati means local Democratic officials have until Thursday to find a replacement candidate to put on the November ballot. Besides investigating suspicious deaths, the coroner can act as a de facto commissioner if two of the three Hamilton County commissioners are unavailable to conduct business for some reason.

Ongoing construction at the Horseshoe Casino on downtown's eastern edge will cause some detours for motorists. Beginning today, the work will close Eggleston Avenue between Central Avenue and East Court Street for about four months.

In news elsewhere, the super PAC supporting Mitt Romney’s presidential campaign raised $6.6 million last month and spent $13.9 million, according to a report filed Monday with the Federal Election Commission. Politico reports the paperwork reveals 25 six-figure donations, many from repeat donors, which accounted for $4.9 million of Restore Our Future’s January haul. Money might not buy love, but it can give new life to a lackluster candidate.

More than 2,000 angry Afghans gathered outside a US military base to protest the allegedly inadvertent burning of Korans and other Islamic religious materials. The items are thought to have been burned as part of routine disposal of garbage at Bagram Air Field. (Yep, we're winning hearts and minds over there, don'tcha know.)

DSK is in trouble yet again. Dominique Strauss-Kahn, the former head of the International Monetary Fund, is being detained for questioning by French police investigating a prostitution ring. Strauss-Kahn, once a front-runner for the French presidency, was charged last year in New York with the attempted rape of a hotel maid. Prosecutors later dropped the case, stating it would be difficult to win a conviction.

Government officials are offering a reward of nearly $1 million for the capture of 30 inmates who broke out of a prison in Mexico on Sunday. The governor said the inmates staged a riot, during which 44 people died, to create a diversion for their escape. The fugitives are gang members involved in the Mexican drug trade, he added.
 
 

 

 

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by Nick Swartsell 07.01.2014 22 days ago
Posted In: Courts at 12:39 PM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Judge Strikes Down Kentucky Gay Marriage Ban

Next showdown will happen at federal appeals court in Cincinnati

A federal judge today ruled Kentucky’s ban on gay marriage is unconstitutional. But same-sex couples in the state can’t get marriage licenses just yet. 

U.S. District Judge John G. Heyburn II ruled that a 2004 amendment to Kentucky's state constitution prohibiting same-sex marriage violates the guarantee of equal protection under the law found in the U.S. constitution.

It's another sign that the tide may be turning in the region. The decision comes as a similar ban looks to be in serious legal trouble in Indiana, and just before an August federal court date that will decide questions surrounding the issue in Ohio and other states. Since February last year, federal courts have upheld the right to marry for same-sex couples 19 times.

The decision came in response to a challenge to Kentucky’s ban by two same-sex couples. Maurice Blanchard and Dominique James were denied a marriage license on Jan. 2013. They were charged with trespassing after refusing to leave the Jefferson County Clerk’s office after being turned down for their license. A jury eventually found them guilty, though the two were fined only $1. The two other plaintiffs in the case, Timothy Love and Lawrence Ysunza, applied for a license in February 2013. The two have lived together for 34 years.

The plaintiffs and other same-sex couples looking to marry will have to wait a little longer, though. Heyburn has delayed implementation of his decision until after Aug. 6, when a higher court, the 6th Circuit U.S. Court of Appeals, will hear several gay marriage cases from Kentucky, Ohio and two other states. Those cases will be heard in Cincinnati.

Heyburn, who in February also ruled that the state must recognize same-sex marriages from other states, rejected Kentucky’s reasons for its ban. Lawyers hired by the Kentucky Gov. Steve Beshear argued that traditional marriage helps ensure economic stability and a favorable birth rate in the state. The state’s Attorney General Jack Conway refused to defend the law on behalf of the state.

“These arguments are not those of serious people,” Heyburn said in his decision. He said there is “no conceivable, legitimate purpose” for the ban, which keeps same-sex couples in the state from enjoying the economic, social and emotional benefits of marriage. These include tax benefits, the ability to share insurance, the ability to adopt children as a couple and other rights.

The ruling continues a wave of recent decisions by federal courts upholding marriage rights for same-sex couples. But there’s still uncertainty even as the tide shifts. Most recently, on June 25, a judge struck down Indiana’s ban, allowing same-sex couples to immediately apply for marriage licenses. That decision was overturned a few days later on appeal, and couples who married in the three-day window are now waiting for a final decision to see if their marriages are valid in the state’s eyes. Currently, 19 states and the District of Columbia allow same-sex marriage.

 
 
by Nick Swartsell 06.20.2014 33 days ago
Posted In: Courts at 01:18 PM | Permalink | Comments (0)
 
 
workers comp

Courts: Ohio Agency Owes Area Businesses Big

Recent decision says Ohio Bureau of Workers Compensation charged unfair rates

What do the Cincinnati Ballet, Jungle Jim’s and the YWCA have in common? Last month, an Ohio court upheld a ruling that the Ohio Bureau of Workers Compensation has been overcharging these and thousands of other businesses and organizations in the state. Meanwhile, the BWC cut rates for other employers who were part of preferred groups, Ohio’s 8th District Appellate Court said.

Now an advocacy organization is pushing for the BWC to pay back the difference.

While the ins and outs of the rates are complicated, the underlying concept is fairly straightforward: Worker’s compensation functions as a kind of insurance for employers. If an employee gets hurt on the job, worker’s comp will pay for lost wages and medical costs so long as the business is current on its monthly workers comp payment. A lawsuit brought by some employers receiving higher rates charged that those rates were unfair, even forcing some employers into bankruptcy.

The courts have agreed. The appellate court’s decision upholds an earlier ruling against the BWC by the Cuyahoga County Court of Common Pleas.

The courts ruled the BWC, along with lobbyists of some favored businesses, rigged workers compensation rates so that some companies picked to be designated “group rate employers” received what the court called “excessive, undeserved premium discounts” on their workers compensation insurance plans. Where did the money for those discounts come from? According to the court, from businesses who were not part of the special group rate. Those businesses paid almost $860 million extra on their workers compensation plans.  

BWC hasn’t started paying back the money, and head Steven Buehner told a Cleveland news outlet last week that the agency will appeal the ruling to the Ohio Supreme Court. It has until June 30 to do so.

Buehner says the agency’s rates simply reflect the nature of providing insurance — that low-risk customers receive lower rates than higher-risk clients. Buehner said there isn’t some big pot of money somewhere that the BWC is sitting on and that it hasn’t cheated anyone out of any funds.

If the court’s ruling holds, the BWC will owe more than 100 Cincinnati-area employers $100,000 or more, including a number of nonprofits and arts organizations. All told, the BWC could owe area businesses more than $100 million. Progress Ohio, an advocacy group, has asked Gov. John Kasich to act and make sure the BWC pays the money back.

According to Progress Ohio, which is advocating for the employers in question, the BWC could owe the Cincinnati Ballet more than $300,000, Cincinnati Playhouse in the Park nearly $150,000 and the Cincinnati YMCA $140,000. BAE, a British-owned security and armaments business with a plant in Fairfield, is the area employer owed the largest amount of money; according to the advocacy organization, the BWC charged BAE more than $1.4 million extra in premiums.

The Cincinnati YWCA is also owed payback — about $14,000. The organization told WCPO earlier this week it will be "thrilled" to get that money back so it can use it to help women and children in need.

 
 
by Nick Swartsell 06.09.2014 44 days ago
Posted In: Courts at 12:40 PM | Permalink | Comments (0)
 
 
mu rape flier

Ohio Supreme Court Orders Rape Flier Records Unsealed

Butler County judge acted improperly sealing files, court says

The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.

Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the "Top Ten Ways to Get Away with Rape" in a coed residence hall bathroom at the school.

When sealing the record, however, Lyons cited a law pertaining to sealing cases that don't reach a conviction, an error that he acknowledged later. 

The case drew national attention, in part due to the graphic nature of the list, which included pointers like "If your [sic] afraid the girl will identify you slit her throat." It also drew scrutiny for Lyons' unusual move making the records in the case, and thus the student's name, unavailable to the public.

The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again under the same law he had cited previously.

Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn't the case for minor misdemeanors like disorderly conduct and that no waiting period applied. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.

The student left Miami shortly after the incident.

You can find the full text of the court's decision here.

 
 
by German Lopez 02.10.2014
Posted In: News, Courts, LGBT at 12:55 PM | Permalink | Comments (0)
 
 
news_gaymarriage_juliehill

Lawsuit: End Same-Sex Discrimination on Birth Certificates

Couples married outside Ohio sue over recognition on children's birth certificates

A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.

Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.

“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”

Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.

A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples. 

The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.

U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.

That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.

In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas. 

At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.

The full complaint:


 
 
by German Lopez 01.20.2014
Posted In: News, 2014 election, Governor, Courts, Mayor at 09:43 AM | Permalink | Comments (0)
 
 
ed fitzgerald

Morning News and Stuff

FitzGerald picks running mate, Cranley opposes double dipping, Hunter pleads not guilty

Democratic gubernatorial candidate Ed FitzGerald on Friday announced his new running mate: Sharen Neuhardt, a Dayton-area business attorney and twice-failed candidate for Congress. The choice boosts the ticket’s credentials with women and abortion-rights advocates, but it also reinforces support for pro-choice policies that upset many Republicans and conservatives. FitzGerald originally picked State Sen. Eric Kearney as his running mate, but Kearney dropped out of the race after multiple media reports uncovered he owed more than $800,000 in tax debt. CityBeat covered the gubernatorial race and how the economy could play into it in further detail here.

Mayor John Cranley on Friday reiterated his opposition to double dipping, even though he supports hiring an assistant city manager who will take advantage of the practice. Because Bill Moller is a city retiree, he will be eligible to double dip — simultaneously take a salary ($147,000 a year) and pension — when the city hires him in February. Cranley called the practice “abusive” on the campaign trail, but he says it’s up to City Council to pass legislation that prevents it.

Hamilton County Juvenile Court Judge Tracie Hunter on Friday pleaded not guilty to nine felony charges, including accusations of backdating court documents, theft in office and misusing her county credit card. The Ohio Supreme Court on Jan. 10 replaced Hunter until her case is decided. The felony charges are just the latest for the judge, who has been mired in controversy after controversy since before she won her election.

State Rep. Alicia Reece and other activists are pushing an initiative for the November ballot that would embed “voter rights” into the Ohio Constitution. The Democrat-backed constitutional amendment is in direct response to Republican-led attempts to shrink early voting periods and restrict access to the ballot.

A propane gas shortage in some parts of the state led Gov. John Kasich to suspend state and federal laws that keep propane suppliers off the roads on weekends.

State Treasurer Josh Mandel’s failed Senate campaign sold an SUV totaled in March — effectively averting an insurance review that might have clarified the vehicle’s use and insurance status — shortly after questions arose over the continued use of the vehicle months after Mandel’s Senate campaign ended.

Secondhand smoke increases the odds of hospital readmission for children with asthma, according to a study from Cincinnati Children’s Hospital Medical Center and Penn State Milton S. Hershey Children’s Hospital.

Google’s smart contact lens could help diabetics.

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by German Lopez 01.15.2014
 
 
scott stiles

Morning News and Stuff

City personnel changes spur backlash, county seeks MSD compromise, judge indicted again

The latest administrative shakeups at City Hall spurred controversy after the city administration confirmed City Solicitor John Curp will leave his current position and one of the new hires — Bill Moller, a city retiree who will become assistant city manager — will be able to “double dip” on his pension and salary ($147,000 a year). Councilman P.G. Sittenfeld said on Twitter that City Council will discuss the personnel changes at todays council meeting. The hiring decisions are up to Interim City Manager Scott Stiles, but some council members say they should be more closely informed and involved. (This paragraph was updated after council members called off the special session.)

Hamilton County commissioners plan to vote on a resolution today that attempts to compromise with City Council on controversial contracting rules for Metropolitan Sewer District (MSD) projects. Both the Democrat-controlled city and Republican-controlled county agree the issue needs to be resolved soon so MSD can get on with a $3.2 billion sewer revamp mandated by the federal government. But it remains unclear whether the county’s compromise, which adds some inclusion goals and funding for training programs, will be enough for City Council. In December, Democratic council members refused to do away with the city’s contracting rules, which require MSD contractors to meet stricter job training standards and programs.

Hamilton County Juvenile Court Judge Tracie Hunter was indicted on a ninth felony charge yesterday. The charge — for misusing her county credit card — comes on top of eight other felony counts for allegedly backdating court documents and stealing from office. In response to the first eight charges, the Ohio Supreme Court disqualified Hunter as she fights the accusations and replaced her with a formerly retired judge, who will be aided by the juvenile court’s permanent and visiting judges in addressing Hunter’s expansive backlog of cases.

A bipartisan proposal would allow Ohioans to recall any elected official in the state.

Duke Energy cut a $400,000 check to the Greater Cincinnati Port Authority for redevelopment projects at Bond Hill, Roselawn and Queensgate.

Sixty-two people will be dropped from Hamilton County voter rolls because they didn’t respond to a letter from the board of elections challenging their voting addresses.

It’s official: Democrat Charlie Luken and Republican Ralph Winkler will face off for the Hamilton County Probate Court judgeship.

Facing state cuts to local funding, a Clermont County village annexed its way to higher revenues. But the village has drawn controversy for its tactics because it explicitly absorbed only public property, which isn’t protected from annexation under state law like private property is.

More Ohio inmates earned high school diplomas over the past three years, putting the state ahead of the national average in this area, according to a report from the Correctional Institution Inspection Committee.

Ky. Gov. Steve Beshear says he supports legislative efforts to increase Kentucky’s minimum wage to $10.10 over the next three years.

One Malaysian language describes odors as precisely as English describes colors.

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by German Lopez 01.13.2014
Posted In: News, Transportation, Courts, 2014 election at 10:28 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

State fights for minor party restrictions, local judge disqualified, Oasis rail line draws critics

Ohio officials will appeal a court ruling that blocked tougher requirements on minor political parties and allows them to run in the 2014 primary and general elections under previous rules. The Republican-controlled Ohio legislature and Gov. John Kasich approved the stricter rules last year. Democrats and Libertarians argued the new law, which they labeled the John Kasich Re-election Protection Act, was put in place to protect Kasich from conservative electoral challengers upset with his support for the federally funded Medicaid expansion.

The Ohio Supreme Court disqualified Hamilton County Juvenile Judge Tracie Hunter Friday after she was indicted on eight felony charges for, among other accusations, backdating and forging court documents. The disqualification could further burden a court that’s already known for a large backlog of cases. It remains unclear how long Hunter’s case and disqualification will last and whether she’ll be replaced while the legal battle unfolds.

Many streetcar supporters oppose the Oasis rail line and the rest of the Eastern Corridor project. Critics of the project point to a recent study that found the Oasis line would generate low economic development in seven of 10 planned stations. Instead of supporting the Oasis line, Cincinnatians for Progress says local officials should work to first establish a transit line — perhaps through a piece-by-piece approach of the defunct MetroMoves plan that voters rejected in 2002 — that could act as a central spine for a broader light rail network. Opposition to the Oasis line is also rooted in a general movement against the Eastern Corridor project, which some say would expand and rework roads and highways in a way that could damage and divide the East Side and eastern Hamilton County. Officials are taking feedback for the Eastern Corridor and Oasis rail line at EasternCorridor.org.

Hamilton County Commissioner Todd Portune, who might challenge Democratic gubernatorial Ed FitzGerald in the May primary, discussed the gubernatorial race in a nearly 40-minute interview with The Cincinnati Enquirer’s editorial board Friday. View the full interview here.

The U.S. Supreme Court will hear whether groups have the right to sue in a local case that could have broader implications for free-speech rights and limitations. The legal fight between former Rep. Steve Driehaus and the Susan B. Anthony List could resolve whether political campaigns have the right to lie.

As local and state officials work to address the opiate epidemic, a drug history scholar from the University of Cincinnati proposes alternatives to the failing war on drugs.

One drug helps prevent opiate addicts from getting high.

The Ohio Department of Health says flu activity in Ohio is now widespread.

Ohio’s chief justice says it’s time to reform how judges are elected. It remains unclear exactly how Chief Justice Maureen O’Connor would reform the system, but she says she wants to uphold courts’ attempts at impartiality.

Reminder: January is Human Trafficking Awareness Month. Find out more at HumanTrafficking.Ohio.gov.

Ohio gas prices increased in time for the new workweek.

Racism could accelerate aging among black men, according to a new study.

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by German Lopez 01.08.2014
Posted In: News, Budget, 2014 election, Courts, Economy, Governor at 10:18 AM | Permalink | Comments (0)
 
 
kasich_2

Morning News and Stuff

Judge halts election law, unemployment benefits advance, city loses budget director

A federal judge halted a controversial election law that limited minor political parties’ access to the ballot and ruled that the state must allow minor parties to participate in the primary and general elections in 2014. But by merely agreeing that only the retroactive restrictions for 2014 are too burdensome for minor parties, the judge left room to keep the law intact for elections in 2015 and beyond. Still, the ruling comes as a major victory for the Libertarian Party of Ohio and other minor parties who took to calling the Republican-backed law the “John Kasich Re-election Protection Act” because it conveniently limited minor parties that are upset with Republican Gov. John Kasich’s support for the Obamacare-funded Medicaid expansion.

Ohio Sen. Rob Portman broke with most of his fellow Republicans yesterday to help advance federal legislation that would extend emergency benefits for the long-term unemployed. Still, he hinted that he would not support the three-month extension if the $6.4 billion cost isn’t covered by federal spending cuts elsewhere. Without the extension, 128,600 Ohioans could lose unemployment benefits through 2014 even as the state economy shows signs of weakening.

Cincinnati Budget Director Lea Eriksen yesterday confirmed she is leaving her high-level city job to take the same job in Long Beach, Calif. Peggy Sandman will fill in for Eriksen while a search for a permanent replacement is held. Eriksen’s announcement comes as a blow to the city but little surprise to political watchers. Shortly before taking office, Mayor John Cranley called Eriksen and other administration officials “incompetent” because of how they handled the $132.8 million streetcar project, even though their estimates for cancellation costs turned out to be mostly on point.

Newsflash: Global warming didn’t stop just because we’re cold now.

The worst of the deep freeze should be over for Ohio.

Cincinnati’s 2013 homicide rate of 25 per 100,000 residents compares to Cleveland at 22, Indianapolis at 14.85, Columbus at 11.24 and Louisville at 8.43.

An Ohio appeals court ruled Cincinnati can change medical benefits for retirees after all.

Construction for the uptown interchange could begin in July and finish in late 2016.

The city announced yesterday that it’s extending its Winter Holiday Trash Amnesty through Jan. 17, which means residents have until then to set out extra trash next to their city-provided trash carts.

Gov. Kasich is asking parents to tell their children about the dangers of drug abuse, as the state works to combat problems with prescription painkillers and heroin.

A Fairfield, Ohio, teacher who was fired for allegedly telling a black student, “We don’t need another black president,” will fight for his job.

Dozens of inmates at the Lebanon Correctional Honor Camp endured frigid conditions Monday evening after one of three furnaces broke, according to the Ohio Department of Rehabilitation and Correction.

A Cincinnati-area medical device firm is in a race with some of the largest pharmaceutical companies in the world to get a painless drug injector on the market.

People are stealing English ferrets used to hunt rabbits.

A survey of brown dwarfs found they’re racked by planet-sized storms of molten iron.

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by German Lopez 01.03.2014
Posted In: News, Abortion, 2014 election, Governor, Courts at 09:24 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

Abortion restrictions follow trend, more tax issues in state election, Luken to run for judge

Ohio and various other states passed more abortion restrictions between 2011 and 2013 than they did in the previous decade, according to the Guttmacher Institute. The findings indicate that the latest Republican-backed abortion restrictions, which were passed through Ohio’s two-year state budget last June, were part of a broader trend that’s culminated across the nation since the tea party rose to national prominence in 2010. The trend could play a pivotal political role: Ohio Democrats have made their opposition to the abortion restrictions a central part of their campaigns to unseat Republican incumbents who hold top executive offices in the state.

One of the candidates expected to join the tea party ticket in a Republican primary challenge against Gov. John Kasich appears to have personal tax problems. Brenda Mack, tea party leader Ted Stevenot’s expected running mate, is linked to nearly $60,000 in unpaid state and federal taxes and penalties, according to government records in Mahoning and Cuyahoga counties analyzed by The Columbus Dispatch. Mack refuses to comment on the tax problems until a Tuesday press conference in which she and Stevenot are expected to officially announce their candidacies for the May 6 primary.

Former Mayor Charlie Luken says he will run for Hamilton County probate judge. The Democratic candidate will likely face off against Republican Ted Winkler, a Hamilton County Common Pleas Court judge. Luken recently garnered the public spotlight for his support for Mayor John Cranley’s campaign.

Cincinnati’s homicide rate for victims younger than 18 rose to 1 in 7 in 2013 and 2012, up from 1 in 10 from 2000 through 2011, according to The Cincinnati Enquirer. Four of the juvenile victims were 1-year-old or younger, including a fetus who died after the mother was strangled to death in April.

Four seats on the 19-member Ohio Board of Education remain unfilled, including two seats that have been vacant for months, long past the 30-day deadline Gov. Kasich has under state law to name a replacement. Administration officials said they’re aware of the deadline, but they intend to find the best fit for the position before moving forward with an appointment. “It’s far more important to us to find the right person than putting warm bodies on the board,” Kasich spokesperson Rob Nichols told The Columbus Dispatch.

The amount of untested rape kits submitted to Ohio’s Bureau of Criminal Investigation exceeded 5,000.

Fewer than 1,000 died last year in traffic crashes across Ohio, the lowest number since the state began keeping track of the fatalities in 1936.

Bill Nye the Science Guy will debate evolution and biblical creationism at northern Kentucky’s Creation Museum on Feb. 4. Evolution is a scientific fact, but Creation Museum leader Ken Ham denies its existence.

Aaron Betsky announced yesterday he will step down as director of the Cincinnati Art Museum. The news follows Betsky’s controversial comments against the streetcar project in ArchitectMagazine.com, which Betsky expanded on in a separate blog post. CityBeat recently interviewed Betsky here.

The Cincinnati Bengals received an extension until 4 p.m. today to sell out tickets for Sunday’s game and avoid a television blackout in the Cincinnati area.

Strange lights sometimes precede earthquakes.

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by Hannah McCartney 11.12.2013
Posted In: Media, Media Criticism, News, Ethics, Courts, Police at 03:25 PM | Permalink | Comments (0)
 
 
defamation

Gannett Weekly Loses Appeal in Defamation Suit

Court upholds decision that the paper's 2010 statement was made with actual malice

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."

 
 
 
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