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Charges Dropped Against Miami Rape Flier Author

0 Comments · Wednesday, January 16, 2013
The case of a former Miami University student who pleaded guilty to disorderly conduct for posting a “Top Ten Ways to Get Away with Rape” flier in a dormitory bathroom just keeps getting more controversial.   
by James McNair 01.09.2013
Posted In: News, Women's Health, Social Justice at 04:35 PM | Permalink | Comments (0)
 
 
mu rape flier

Charges Dropped Against Miami Rape Flier Author

Judge allows convicted student to withdraw his plea, then seals case again

The case of a former Miami University student who pleaded guilty to disorderly conduct for posting a “Top Ten Ways to Get Away with Rape” flier in a dormitory bathroom just keeps getting more controversial.The controversy began Nov. 8, when Butler County Area 1 Court Judge Robert Lyons took the guilty plea and ordered all record of the case — including the defendant’s name — sealed from public view. The MU police chief says he is bound by Lyons’ order and can’t release the name. The Butler County Prosecuting Attorney’s office did not object to the sealing of the file.The Cincinnati Enquirer entered the picture six days later. It sued Lyons in the Ohio Supreme Court, saying he sealed the file without giving the newspaper a chance to argue for public access. In his answer — filed by the Prosecuting Attorney’s office on Dec. 13 — Lyons stood by his actions. Furthermore, he wrote that “there was no plea” in the case.Now we know where that came from. On that very same day, the case was back in Lyons court for reconsideration. This time, prosecutors agreed to drop the charge, and Lyons ruled it so. And, once again, he sealed the file, and no one present objected. The Enquirer reported on the dismissal Wednesday.Prosecuting Attorney Mike Gmoser won’t say why he agreed to dropping the charge until the Supreme Court case is over. “Save that question, and I will give you a full and detailed statement,” he told CityBeat. “I don’t try cases in the press.”Gmoser said he is asking the Supreme Court to dismiss the Enquirer’s suit because the issue at hand is “moot.”
 
 

Judge Who Sealed Miami Rape Flier Case Defends Decision

0 Comments · Wednesday, December 19, 2012
The Butler County judge who granted the anonymity of a former Miami University student convicted of posting a rape tips list on campus is standing by his decision.    
by James McNair 12.14.2012
Posted In: News, Women's Health, Courts at 03:37 PM | Permalink | Comments (0)
 
 
rlyons

Judge Who Sealed Miami Rape Flier Case Defends Decision

Lawyer denies a plea occurred, contradicting previous explanation

The Butler County judge who granted the anonymity of a former Miami University student convicted of posting a rape tips list on campus is standing by his decision. Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record. Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Thursday. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy. That Lyons is standing his ground comes as no surprise, but his answer contains one head-scratching statement. He — that is, Gmoser — wrote that “there was no plea” in the case. Yet in a first-person account of the case in the Miami University Student on Nov. 8, Gmoser wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8 says the case was up for the entry of a guilty plea.
 
 

Court Might Reveal Identity of Miami Rape Flier Author

0 Comments · Wednesday, December 12, 2012
The sealing of a criminal court case involving a former Miami University student who posted a “Top Ten Ways to Get Away with Rape” flier in a freshman dormitory now has the presiding judge defending his decision to the Ohio Supreme Court.   
by German Lopez 12.10.2012
Posted In: Privatization, News, Budget, Courts, Economy, Casino at 09:05 AM | Permalink | Comments (0)
 
 
city hall

Morning News and Stuff

Parking privatization deal reached, rape flier case could be unsealed, casino revenue drops

The city of Cincinnati and its largest city employees union have reached a deal regarding the privatization of the city’s parking assets. Under the deal’s terms, the city will give raises and not lay off anyone for three years, but only if the city’s parking assets are privatized. However, the head of a Clifton community group is still not happy with the privatization plan. He says the plan is bad for business because it limits the amount of affordable parking in the area. But would laying off 344 city employees be better for business? The identity of the Miami University student who put up the infamous “Top Ten Ways to Get Away with Rape” flier may soon be revealed. The Ohio Supreme Court will decide by Dec. 14 whether the case should be unsealed and open to public view. Robert Lyons, the Butler County part-time judge who sealed the case, has faced scrutiny in the past few months for conflicts of interest regarding drinking-and-driving cases. Revenue from casinos in Toledo and Cleveland is dropping. The numbers paint a bad picture for Cincinnati and Hamilton County officials expecting budget problems to be solved by casino revenue. A proposal mandating drug testing for welfare recipients in Ohio resurfaced last week. Republican legislators claim the requirement will save the state money, but a similar proposal in Florida added to budget woes as the state was forced to pay for drug tests. Ohio’s ultra-wealthy population is growing. About 1,330 Ohioans are worth $30 million or more, an increase of 2 percent since 2011, according to a report from Wealth-X. The news could shape Gov. John Kasich’s plan to cut the income tax using revenue from a higher oil-and-gas severance tax, perhaps encouraging state officials to make the cut more progressive. Gov. Kasich is ending the practice of giving so many tax credits to keep businesses in Ohio. The move could potentially cost the state jobs as businesses move to other areas with bigger, better incentives, but state officials and the business community don’t seem too worried for now. If the Ohio government agencies were forced to cut their budgets by 10 percent, the results would not be pretty. The Ohio Department of Rehabilitation and Correction would have to close prisons, and the Ohio Department of Natural Resources would have a tougher time enforcing new regulations on fracking. Ohio’s exotic animal law is facing a challenge in federal court today. Exotic animal owners claim the law violates their First Amendment and property rights by forcing them to join private associations and give up their animals without compensation. They also do not like the provision that requires microchips be implanted into the animals. The Humane Society of the United States is defending the law, which was passed after a man released 56 exotic animals and killed himself in 2011. An Ohio court said a business tax on fuel sales must be used on road projects. Ohio gas prices are still dropping. The cure for leukemia could be a modified version of the AIDS virus.
 
 
by James McNair 12.10.2012
Posted In: Courts, Women's Health, News at 09:19 AM | Permalink | Comments (0)
 
 
mu rape flier

Court Might Reveal Identity of Miami Rape Flier Author

Ohio Supreme Court has until Dec. 14 to consider settlement over sealing of case

The sealing of a criminal court case involving a former Miami University student who posted a “Top Ten Ways to Get Away with Rape” flier in a freshman dormitory now has the presiding judge defending his decision to the Ohio Supreme Court. And he’s doing it with the help of the Butler County prosecutor who endorsed the secrecy. Robert Lyons, whose part-time job as the judge for Butler County Area I Court supplements his income as a practicing attorney, took the student’s guilty plea to disorderly conduct on Nov. 8. At the request of the young man’s lawyer, Dennis Deters, the judge ordered the case file and all printed references to the defendant’s name sealed from public view. The order extended to paperwork generated by the Miami University Police Department. In effect, other than the press coverage it received, all record that the crime was committed and the perpetrator was brought to justice doesn’t exist. Six days later, the Cincinnati Enquirer filed suit against Lyons with the Ohio Supreme Court. It said Lyons erred by issuing a “blanket” seal of the case. It said he failed to “find by clear and convincing evidence that the presumption of public access is outweighed by a higher interest” and further failed to conduct a hearing where the Enquirer could argue for public access. The Enquirer didn't mention in its initial report on the plea deal an intent to sue over the sealing, and to date it hasn’t reported on its own lawsuit.  Lyons was given until Dec. 14 to file an answer. What’s weird is that Lyons is represented by Butler County’s Prosecuting Attorney, Mike Gmoser. In Ohio, the county prosecutor serves as legal counsel for county government, county agencies and school districts — and represents them in court — as standard practice. As a private practitioner, though, Lyons specializes in defending people accused of drunken driving. Guess who sits at the opposing counsel’s table in those cases? Yes, Gmoser’s deputy prosecutors. Lyons’ unusual role as defender and decider of DWI cases drew umbrage from Gmoser in March. According to the Hamilton Journal-News, Lyons the judge was about to rule on a motion to disallow the results of an Intoxilyzer 8000 blood-alcohol testing device in a DWI case. Lyons the lawyer, meanwhile, had challenged the validity of the machine in other cases, and his firm ran seminars about its failings. At Gmoser’s request, a higher court judge in July ordered Lyons to step down from hearing 10 pending DWI cases. Last Thursday, in his initial response to the Enquirer’s lawsuit to open the rape tipster’s court file, Lyons hinted at the possibility of not fighting the suit. He asked to have until Dec. 14 to file a full response “so as to give settlement discussions an opportunity to come to fruition.”
 
 

Worst Week Ever!: Oct. 24-29

0 Comments · Wednesday, October 31, 2012
SUNDAY OCT. 28: Many people who read today’s Enquirer endorsement of Mitt Romney for president likely set the paper down, said something like “I need to move out of this [expletive] city” and then googled “Jobs where newspapers don’t endorse Sarah Palin.”   

School of Shock

1 Comment · Wednesday, October 17, 2012
Miami University is a sick, sick campus in desperate need of the largest group therapy session ever recorded, top-rung leadership more palpably concerned with student safety and a less corporate approach to media relations.  
by German Lopez 08.30.2012
Posted In: 2012 Election, News, Streetcar, Education at 09:01 AM | Permalink | Comments (0)
 
 
streetcar

Morning News and Stuff

Duke Energy told city officials to OK an operating deal for the streetcar before trying to talk costs. The fighting words are in the middle of an ongoing feud between city officials and Duke Energy about who will move utility lines and pipes to accommodate the streetcar. The operating details will help Duke know what “unbreakable rules” about maintenance and emergency repairs exist and where the streetcar will go, according to the company’s spokesperson. CityBeat previously covered the streetcar issue and all the pettiness from Duke here. A suspended frat is suing Miami University. The frat was suspended after a fireworks battle led to the discovery of illegal substances in the frat. The frat claims the university improperly suspended it, damaged its business and property, and made libelous allegations out of “malice, hatred and ill will.” The frat says it shouldn’t have been suspended without a written complaint, but Miami's spokesperson said the university is allowed to suspend students without a written complaint if there is a pending investigation.Ohio will soon begin tying college funding to graduation rates. If only that was done with e-schools.Equality Ohio announced Columbus, Ohio made a step forward in LGBT rights yesterday. It is now among the few cities in Ohio to have a domestic partner registry, which allows same-sex couples to legally declare their relationships without marriage or civil unions. Toledo, Cleveland, Athens and Dayton also have registries.Secretary of State Jon Husted wrote a “guest column” on his own website defending early voting rules in Ohio. Republicans are facing criticism over bringing racial politics and poor arguments into the early voting debate.Ohio’s unemployed will soon get a little less help from the federal government, according to the Ohio Department of Job and Family Services. Ohio’s rapidly falling unemployment rate has triggered a second reduction in the amount of aid the unemployed can get. Before April 2012, unemployed Ohioans were eligible for 99 weeks of benefits. The eligible weeks dropped to 73 weeks in April and will drop to 63 weeks starting in September. However, the benefits are set to expire in December if the federal government doesn't act, and that would push the eligible weeks down to 26 weeks. Ohio's unemployment rate is currently 7.2 percent, down from 10.6 percent at the height of the recession. The University of Cincinnati’s new interim president just got a nice raise.The state texting-while-driving ban goes into effect tomorrow. Sen. Rob Portman of Ohio made his speech at the Republican national convention yesterday. In the speech, he criticized President Barack Obama for the current state of the economy. In return, Democrats criticized Portman for his budget work for former President George W. Bush, whose administration is widely blamed for the current economic crisis.It seems like Paul Ryan spent a lot of time lying in his speech at the Republican national convention yesterday. The vice presidential candidate blamed Obama for an auto plant closing that closed before Obama was president. It seems Ryan is getting on-board with the Romney-Mandel plan of running on dishonesty. Cincinnati is the top hot dog city, according to a new survey. The survey says 7.3 percent of Cincinnati restaurant menus have hot dog options, making it the city with the most accessible hot dogs.Space sugars have been found around a young star.
 
 

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