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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.
 
 
by Kevin Osborne 02.17.2012
Posted In: 2010 Election, Courts, Democrats, Republicans at 03:20 PM | Permalink | Comments (1)
 
 
alex

Appeal in Elections Case Could Be Costly

A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.

The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.

Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.

U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.

On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.

Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.

“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”

But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.

The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.

It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.

If an appeal is pursued, the county could be at risk of paying much more.  A lengthy appeal process could easily double what’s been spent so far, legal experts said.

The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.

Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.

“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”

Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.

“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.

Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.  

Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.

 
 
by Kevin Osborne 02.10.2012
 
 
chabotson

Morning News and Stuff

A prominent Republican congressman is under investigation for insider trading. U.S. Rep. Spencer Bachus (R-Ala.), who heads the House Financial Services Committee, is being probed by the Office of Congressional Ethics for making suspicious trades and buying certain stock options while helping oversee the nation’s banking and financial services industries.

Read More

 
 
by Kevin Osborne 02.09.2012
Posted In: Whistleblowers, Internet, War , Courts, Protests at 01:52 PM | Permalink | Comments (0)
 
 
manning

Alleged Leaker Nominated for Nobel

Some U.S. progressives are supporting a move by Icelandic politicians to nominate alleged WikiLeaks collaborator Bradley Manning for the Nobel Peace Prize.

Manning was nominated for the prestigious prize by The Movement of Icelandic Parliament, a group of politicians in Iceland dedicated to empowering grassroots activism.

Read More

 
 
by Kevin Osborne 02.09.2012
 
 
assad

Morning News and Stuff

With 273 days remaining until the presidential election, some of our readers might already be getting sick of listening to the latest blather from the candidates. Still, a rather blistering analysis of President Obama’s recent actions at Politico is worth checking out. Maybe this line will pique your interest: “So much for the high road: Victory is more important than purity … He’s made a series of calculated, overtly political gestures that are far more transactional than transformational.”

Read More

 
 
by Kevin Osborne 02.08.2012
Posted In: 2010 Election, Courts, Democrats, Republicans at 02:02 PM | Permalink | Comments (0)
 
 
hunter

Hunter, Dems Prevail in Election Lawsuit

Nearly 15 months after the disputed election, a federal judge ruled today that Hamilton County elections officials must count roughly 300 provisional ballots cast in a 2010 Juvenile Court judge race.

U.S. District Judge Susan Dlott said that the Board of Elections violated the voters’ constitutional rights when it decided to count some provisional ballots but discard others based solely on the location of where they were cast.

Read More

 
 
by Kevin Osborne 01.25.2012
 
 
reece

Reece Wants Election Monitors

A state lawmaker from Cincinnati is asking U.S. Attorney General Eric Holder to send federal election monitors here to ensure all provisional ballots cast in the November election are counted.

State Rep. Alicia Reece (D-Bond Hill) sent the letter this week. She stated that concerns about how provisional ballots were treated in the 2010 race for Hamilton County Juvenile Court judge prompted the letter, adding no significant progress has been made in dealing with the issue since that time.

Read More

 
 

 

 

 
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