Just when you had enough of politics, election season is fast approaching. Tony Fischer comes across as someone the Democrats Nationally view as viable future candidate. The problem is that he is unknown. Nearly everything I know about Tony Fischer is in the blog post, so check out his website to learn about him: www.votetonyfischer.com. (He is pro-Streetcar!)
Tony is an Iraq vet, which normally in politics is going to get you votes. He'll get some attention for that, but in a Cincinnati Council race, where are those votes going to come from? Is he going to target the Westside and Eastern areas of the City: Hyde Park, Mt. Lookout and Mt. Washington? All of those areas would tend to have residents who may not agree with all of his positions as a Democrat, but they are more likley to vote for him because he served in Iraq. What neighborhood(s) are Fischer's logical base?
Thursday, February 12, 2009
Tuesday, February 10, 2009
Cincinnati Sports History
The Enquirer is conducting a survey, asking readers to choose the most memorable or iconic picture in Cincinnati sports history. What's absent is perhaps as interesting as what's included.
My guess is that the "winner" will be some moment in Red history. My first thought upon reading what the survey was about was Pete Rose running over catcher Ray Fosse in an All-Star Game. Of course, I've only lived in Cincinnati for the past eight years, so my take on what's memorable or iconic is no doubt different that what a lifelong Cincinnatian will remember.
What did I expect to see that's not included in the Enquirer's offerings?
My guess is that the "winner" will be some moment in Red history. My first thought upon reading what the survey was about was Pete Rose running over catcher Ray Fosse in an All-Star Game. Of course, I've only lived in Cincinnati for the past eight years, so my take on what's memorable or iconic is no doubt different that what a lifelong Cincinnatian will remember.
What did I expect to see that's not included in the Enquirer's offerings?
- A better picture of Marge Schott
- An "action shot" (i.e. on the court) of Oscar Robertson (yes, I saw the shot of Robertson in street clothes)
- A Ken Anderson Superbowl TD
- A mugshot of any of the Bengals
Monday, February 09, 2009
Heartless Bastards On TV Tuesday
Set your VCR DVR: As Griff told us last month, the Heartless Bastards will be on the David Letterman Show Tuesday night. For the truly uninformed, the show is on CBS following the late local news.
It could well be a show with high ratings, as the only other announced guest is the crew of Flight 1549. (Rumors are that ComAir intends to start landing planes in the Ohio to generate similarly positive press.)
Anyhow: make sure you watch the Heartless Bastards in their network television debut. Maybe they'll let Captain Sully sit in....
I know, I know, music is Griff's beat. I'll go back to writing about more boring things now.
It could well be a show with high ratings, as the only other announced guest is the crew of Flight 1549. (Rumors are that ComAir intends to start landing planes in the Ohio to generate similarly positive press.)
Anyhow: make sure you watch the Heartless Bastards in their network television debut. Maybe they'll let Captain Sully sit in....
I know, I know, music is Griff's beat. I'll go back to writing about more boring things now.
Why Not A Public Safety Bailout?
For a few days, I've been thinking about a Peter Bronson column and blog post from last week, in which our favorite pundit suggests that the Hamilton County Board of Commissioners should be seeking stimulus money for the construction of a new jail. And I can't help wondering: doesn't he have a point?
First, let's take care of debunking the all too familiar Bronson histrionics. From the column:
1. Judges often set own-recognizance bonds for assault and domestic violence cases in which the only witness is the prosecuting witness, particularly if an officer sees no sign of injury and issues a referral rather than signing a complaint him- or herself. "Theft" can be shoplifting a candy bar. And menacing sounds really bad, but it's actually a fourth-degree misdemeanor--the least serious offense for which imprisonment is an option. So how many "sheriff releases" would have been required to post a cash bond if they had seen a judge? Tough to know, and Bronson doesn't help us to extrapolate the number in any meaningful way.
2. Bronson's July jail tour isn't at all representative. For one thing, he toured the jail (according to that column) alongside Public Defender Lou Strigari while Strigari was making the rounds for felony arraignments. So guess what? Bronson met accused felons; aside from B&E, all of the crimes he describes in the first paragraph I quote are misdemeanors. For another, until it closed, Queensgate was a facility designed for low- and medium-risk inmates. That meant that Bronson would only meet the highest security risks (typically, those with the most serious charges lodged against them) in the Justice Center.
Now that that's out of the way, let's move to the meat of Bronson's column: that stimulus money could or should build a new jail for Hamilton County. On the surface, the proposal makes sense. A jail facility is a public works project. In the short term, it would create jobs (in the construction trades). And there's bipartisan agreement that Hamilton County's jail facilities are currently inadequate.
Bronson's proposal does not, however, solve other critical public safety problems. It does not restore the recently laid-off sheriff's deputies. The County would still need to find a way to finance the operation of a new jail (and corrections officers to staff it). While the Democrats had wanted to provide stimulus funds to put cops on the streets, the only way to avoid a Republican filibuster in the Senate was to strip those provisions out.
So Bronson's has the hint of a good idea: federal money could be sought to build the jail that a majority of voters have been thus far unwilling to finance with locally generated tax dollars. But without a plan to fund the operation of the jail, we could be spending millions for an empty building (see Queensgate for an example of a jail that lacks operations funding). Maybe Bronson's ready to unveil the rest of his plan to get us a working jail with federal funds. But he hasn't done it yet.
First, let's take care of debunking the all too familiar Bronson histrionics. From the column:
Records show that inmates with more than 100 charges against them were "let go" in the past month. DUIs, drug possession, indecency and other relatively minor crimes are first in line. But some were charged with assault, resisting arrest, breaking and entering, domestic violence, theft and menacing.Two points:
When I toured the jail last July, long before the budget cuts, I met two dozen nmates. Only two were marijuana cases, and it wasn't their first rodeo. The rest were a citizen's nightmare: assault, burglary, domestic violence, attempted murder, drug trafficking, aggravated robbery ...
1. Judges often set own-recognizance bonds for assault and domestic violence cases in which the only witness is the prosecuting witness, particularly if an officer sees no sign of injury and issues a referral rather than signing a complaint him- or herself. "Theft" can be shoplifting a candy bar. And menacing sounds really bad, but it's actually a fourth-degree misdemeanor--the least serious offense for which imprisonment is an option. So how many "sheriff releases" would have been required to post a cash bond if they had seen a judge? Tough to know, and Bronson doesn't help us to extrapolate the number in any meaningful way.
2. Bronson's July jail tour isn't at all representative. For one thing, he toured the jail (according to that column) alongside Public Defender Lou Strigari while Strigari was making the rounds for felony arraignments. So guess what? Bronson met accused felons; aside from B&E, all of the crimes he describes in the first paragraph I quote are misdemeanors. For another, until it closed, Queensgate was a facility designed for low- and medium-risk inmates. That meant that Bronson would only meet the highest security risks (typically, those with the most serious charges lodged against them) in the Justice Center.
Now that that's out of the way, let's move to the meat of Bronson's column: that stimulus money could or should build a new jail for Hamilton County. On the surface, the proposal makes sense. A jail facility is a public works project. In the short term, it would create jobs (in the construction trades). And there's bipartisan agreement that Hamilton County's jail facilities are currently inadequate.
Bronson's proposal does not, however, solve other critical public safety problems. It does not restore the recently laid-off sheriff's deputies. The County would still need to find a way to finance the operation of a new jail (and corrections officers to staff it). While the Democrats had wanted to provide stimulus funds to put cops on the streets, the only way to avoid a Republican filibuster in the Senate was to strip those provisions out.
So Bronson's has the hint of a good idea: federal money could be sought to build the jail that a majority of voters have been thus far unwilling to finance with locally generated tax dollars. But without a plan to fund the operation of the jail, we could be spending millions for an empty building (see Queensgate for an example of a jail that lacks operations funding). Maybe Bronson's ready to unveil the rest of his plan to get us a working jail with federal funds. But he hasn't done it yet.
Saturday, February 07, 2009
Public Records Act Requires that Public Records Be Public
It's always frustrating to me anytime I find myself agreeing with HamCo GOP Chair Alex Triantafilou when he rants against local Democrats. But he's right on the money when he argues that the Cincinnati School Board has crafted a wrong-headed, probably illegal plan to shield applicants for superintendent from public scrutiny.
The Board is once again searching for a superintendent. As the Enquirer reports, the Board has decided that it will receive all applications in a post office box rented specifically for applications. The Board's plan is to leave the applications in the box, removing them as late as possible. It will then take "a reasonable time" to respond to Public Records Act requests for copies of the applications; presumably, "reasonable" means "after the decision has been made by the Board."
This is a bad idea that will probably subject the Board to a mandamus action it cannot win. The Ohio Public Records Act (R.C. 149.43) is broadly written and contains only specific, enumerated exceptions. Our Supreme Court has ruled time and time again that there exists in the law a presumption of disclosure; a public records custodian (such as the Board) has the burden of showing why a record should not be disclosed. And the Board knows that once it's in possession of an application for the superintendent job, it's a public record subject to disclosure. That's why it came up with this scheme to delay "possession" of the materials.
The Public Records Act ensures Ohio citizens that government is at least somewhat transparent. In my civil rights practice, I routinely use the PRA to gather records to determine whether a client has a claim that I can help him or her pursue; the records often provide valuable insight into the actions of government officials or the process by which they arrived at a particular decision. Journalists use the law to gain access to documents for stories for which politicians won't go on the record. Researchers use it to comply statistics.
There may be good reasons to shield superintendent applications from public view. The last time you looked for a job while you were employed, didn't you worry about your current employer learning of your job search? The potential for a superintendent candidate to be outed to his or her employer is a strong disincentive to apply. But our legislature has not recognized that interest as compelling enough to justify an exception to the PRA. And until it does, our school board needs to comply with the law.
Arguing that records in the Board's mail box aren't public because the Board doesn't really "possess them" is a lot like the Bush administration arguing that Gitmo detainees have no rights because they aren't on "American soil." The Supreme Court laughed that defense out of court, and the Ohio Supreme Court, if called upon to do so, will laugh the Board's twisted semantics right out of Columbus. Let's not dilute the laws that are meant to protect our rights as citizens.
The Board is once again searching for a superintendent. As the Enquirer reports, the Board has decided that it will receive all applications in a post office box rented specifically for applications. The Board's plan is to leave the applications in the box, removing them as late as possible. It will then take "a reasonable time" to respond to Public Records Act requests for copies of the applications; presumably, "reasonable" means "after the decision has been made by the Board."
This is a bad idea that will probably subject the Board to a mandamus action it cannot win. The Ohio Public Records Act (R.C. 149.43) is broadly written and contains only specific, enumerated exceptions. Our Supreme Court has ruled time and time again that there exists in the law a presumption of disclosure; a public records custodian (such as the Board) has the burden of showing why a record should not be disclosed. And the Board knows that once it's in possession of an application for the superintendent job, it's a public record subject to disclosure. That's why it came up with this scheme to delay "possession" of the materials.
The Public Records Act ensures Ohio citizens that government is at least somewhat transparent. In my civil rights practice, I routinely use the PRA to gather records to determine whether a client has a claim that I can help him or her pursue; the records often provide valuable insight into the actions of government officials or the process by which they arrived at a particular decision. Journalists use the law to gain access to documents for stories for which politicians won't go on the record. Researchers use it to comply statistics.
There may be good reasons to shield superintendent applications from public view. The last time you looked for a job while you were employed, didn't you worry about your current employer learning of your job search? The potential for a superintendent candidate to be outed to his or her employer is a strong disincentive to apply. But our legislature has not recognized that interest as compelling enough to justify an exception to the PRA. And until it does, our school board needs to comply with the law.
Arguing that records in the Board's mail box aren't public because the Board doesn't really "possess them" is a lot like the Bush administration arguing that Gitmo detainees have no rights because they aren't on "American soil." The Supreme Court laughed that defense out of court, and the Ohio Supreme Court, if called upon to do so, will laugh the Board's twisted semantics right out of Columbus. Let's not dilute the laws that are meant to protect our rights as citizens.
Best of Cincinnati Voting Ongoing
The good folks at City Beat are working on their annual Best of Cincinnati issue. You can vote through March 1st here. The Cincinnati Blog is nominated; given the number of very, very good local blogs, I'm not going to be so presumptious as to campaign for your vote. But you should vote for someone in that category, if you're a regular blog reader.
It's always fun to check out the nominees in each category (and you can write in a candidate in any category as well). Some categories are simply too unfamiliar to me to justify a vote ("Tattoos/piercing," for instance). Others seem so broad as to be difficult to cast an informed vote: how many people have been to enough concerts to truly judge which was the "best" in Cincinnati last year?
A couple of my picks: the CAC as a place to take a visitor; Smith Muffler (which appears to have been written in) as best car repair; and Music Hall as best concert venue.
Oh, yeah: I also voted for Randi Rico for weathercaster. I'm hereby initiating a grassroots campaign to have Randi voted Cincinnati's best weathercaster. As I've written before, don't mess with Randi.
It's always fun to check out the nominees in each category (and you can write in a candidate in any category as well). Some categories are simply too unfamiliar to me to justify a vote ("Tattoos/piercing," for instance). Others seem so broad as to be difficult to cast an informed vote: how many people have been to enough concerts to truly judge which was the "best" in Cincinnati last year?
A couple of my picks: the CAC as a place to take a visitor; Smith Muffler (which appears to have been written in) as best car repair; and Music Hall as best concert venue.
Oh, yeah: I also voted for Randi Rico for weathercaster. I'm hereby initiating a grassroots campaign to have Randi voted Cincinnati's best weathercaster. As I've written before, don't mess with Randi.
Wednesday, February 04, 2009
New YP Kitchen Cabinet
The key word on the announcement of Mayor Mallory's YP Kitchen Cabinet leardership team is "New". I only recognize one person, and that is because I am friends with her. I've long criticized the many various YP efforts in this city because the groups tended to be run by the same people. Other than my friend who is a great choice for her role, I don't know the other leadership. That is good! On the other hand, ff they don't know anything about the City and were picked because they are being groomed by the powers that be, then we will get more of the same from the YPKC.
Also, unless this group is given funds to actually take action and hold their own events, then this is all just PR for the Mayor, that doesn't do a lot to promote the city and make it more attractive to YPs.
Also, unless this group is given funds to actually take action and hold their own events, then this is all just PR for the Mayor, that doesn't do a lot to promote the city and make it more attractive to YPs.
It Snowed, Again!
As someone who grew up an hour South of Buffalo, NY, I have always been amused by the way snow is viewed in the Cincinnati. I get that people are just not used to driving in it. I would think that since we just had two days of driving last week that I would say were must more hazardous, a certain percentage of people might have learned something. My experience last does not indicate many people learned much.
I must point out one big point to people who are driving on the interstate at 20 mph with no one in front of you for miles and with the road actually cleared of a large amount of the snow that has fallen: it can't be safer under the circumstances, so you can go at least 40 mph!!!!
On my 2 hour 45 minute drive home from Mason last night, I was passing people, left and right on I-71 once I got South of the Norwood Lateral. There would be clumps of cars going 20 or 25 and I would pass them by at 40 mph like they were standing still. The people who were going 30 mph in the left lane to pass the person going 20 in the center lane, who was trying to pass the person going 10 in the right lane just don't see how they block traffic because they don't pass with effective level of speed to keep everyone moving along.
I am more and more understand why it is better for many people to just not drive when it snows. When I say it snows, I mean it snows more than 1 inch. I think Chirs Smitherman, COAST, and the Green Party of One might want to get a petition drive going to make that part of the City Charter. If they are going to be extreme, why not be extreme with something that might actual make life easier for everyone!
I must point out one big point to people who are driving on the interstate at 20 mph with no one in front of you for miles and with the road actually cleared of a large amount of the snow that has fallen: it can't be safer under the circumstances, so you can go at least 40 mph!!!!
On my 2 hour 45 minute drive home from Mason last night, I was passing people, left and right on I-71 once I got South of the Norwood Lateral. There would be clumps of cars going 20 or 25 and I would pass them by at 40 mph like they were standing still. The people who were going 30 mph in the left lane to pass the person going 20 in the center lane, who was trying to pass the person going 10 in the right lane just don't see how they block traffic because they don't pass with effective level of speed to keep everyone moving along.
I am more and more understand why it is better for many people to just not drive when it snows. When I say it snows, I mean it snows more than 1 inch. I think Chirs Smitherman, COAST, and the Green Party of One might want to get a petition drive going to make that part of the City Charter. If they are going to be extreme, why not be extreme with something that might actual make life easier for everyone!
Sunday, February 01, 2009
Cincinnati Imports - Meet Up!
The gang at Cincinnati Imports has organized a meet-up event on February 12th at the Oakley Pub & Grill. The event starts at 5:30, but should go on for quite a while, if I know the blogging community like I do.
The event is open to everyone, not just transplants to Cincinnati. The website is about making it easier for people to meet other people in Cincinnati, so if you have lived here your entire life, or are a returned ex-pat, come on out and meet a diverse group of smart and interesting people.
The event is open to everyone, not just transplants to Cincinnati. The website is about making it easier for people to meet other people in Cincinnati, so if you have lived here your entire life, or are a returned ex-pat, come on out and meet a diverse group of smart and interesting people.
Saturday, January 31, 2009
Broomball Has a New Meaning
I know politicians can hit below the belt on occasion, but I didn't figure they would do it literally. If there are rules men have when playing sports, not hitting another man in the balls with a stick is clearly one of them. I think that is a rule we all can live by, conservatives and liberals alike.
NOTE: He was wearing a cup at the time, so no balls were damaged beyond repair.
NOTE: He was wearing a cup at the time, so no balls were damaged beyond repair.
Wednesday, January 28, 2009
Jury Duty: Just Do It
Kate the Great has a great post recounting her friend's story of a man who walked five miles through the snow to meet his jury duty obligation. Stories like this always make me angry about the middle- and upper-class professionals who would rather gnaw off their own limbs than be picked to sit on a jury.
I'm not implying that everyone--or even most people--tries to shirk their responsibility. But enough do that it's become a stereotype (you might hear someone quip, for instance, about the dubious prospect of trying a case to "twelve people too dumb to get out of jury duty"). A few years ago, I witnessed a fellow attorney candidly admit during voir dire that he had absolutely no desire to serve on a jury, and would very much like to be excused. (Two sidenotes: first, one of the attorneys exercised a peremptory challenge to be rid of him, fearful that his client would be the one on whom the lawyer might take out his frustration. Second, the guy wasn't a litigator: most trial attorneys I know would give anything to see a jury work from inside the jury room.)
So when you get that jury notice, instead of thinking about how much work will pile up for you if you have to be away from your job for a few days or how inconvenient it will be to have to go to the courthouse instead of work or wherever else you'd normally be, think about Kate's friend's companion--the one who walked to the courthouse because he didn't have a couple bucks for bus fare.
One of these days, you may need justice from a jury. Perhaps you'll be accused of a crime, or the victim of a crime. Maybe something bad will happen to you, and you'll need to sue the wrongdoer, or maybe someone will accuse you of being a wrongdoer and sue you. And when you do, you'll want to know that there are some people like you in the jury box. And the only way that happens is if people like you--like YOU--serve on juries.
I'm not implying that everyone--or even most people--tries to shirk their responsibility. But enough do that it's become a stereotype (you might hear someone quip, for instance, about the dubious prospect of trying a case to "twelve people too dumb to get out of jury duty"). A few years ago, I witnessed a fellow attorney candidly admit during voir dire that he had absolutely no desire to serve on a jury, and would very much like to be excused. (Two sidenotes: first, one of the attorneys exercised a peremptory challenge to be rid of him, fearful that his client would be the one on whom the lawyer might take out his frustration. Second, the guy wasn't a litigator: most trial attorneys I know would give anything to see a jury work from inside the jury room.)
So when you get that jury notice, instead of thinking about how much work will pile up for you if you have to be away from your job for a few days or how inconvenient it will be to have to go to the courthouse instead of work or wherever else you'd normally be, think about Kate's friend's companion--the one who walked to the courthouse because he didn't have a couple bucks for bus fare.
One of these days, you may need justice from a jury. Perhaps you'll be accused of a crime, or the victim of a crime. Maybe something bad will happen to you, and you'll need to sue the wrongdoer, or maybe someone will accuse you of being a wrongdoer and sue you. And when you do, you'll want to know that there are some people like you in the jury box. And the only way that happens is if people like you--like YOU--serve on juries.
Issue 5 Case Finally Over; Supreme Court "DIGs" the Appeal
In 2001, voters of the City of Cincinnati passed Issue 5. That referendum amended the Charter, so that the chief of police and assistant chiefs of police (there are five) would be appointed by the city manager. Prior to the amendment, those possitions were considered "classified civil service" jobs, and were filled as the result of a competitive civil service exam. One of the effects of Issue 5 is to permit the city manager to appoint a chief or an assistant from outside the department. (To be clear, the manager can appoint only to vacant positions. Chief Streicher, for instance, was the Chief prior to enactment of Issue 5; the manager has no ability to appoint a replacement until he retires or otherwise leaves office.)
When Assistant Chief Lt. Col. Twitty left CPD, then-City Manager Valerie Lemmie appointed a longtime CPD officer to replace him. The Fraternal Order of Police sued, alleging that the charter amendment conflicted with its collective bargaining agreement with the City; according to the FOP, absent a renegotiation of the contract, the CBA should trump the City Charter.
The FOP lost in every stage of litigation. The State Employment Relations Board, which first heard the case, ruled in favor of the City. The FOP lost its appeal in the Hamilton County Court of Common Pleas and subsquently in the Court of Appeals. The FOP petitioned the Ohio Supreme Court to hear the case. It did so, and oral argument was held back in November; today, though, that Court dismissed the appeal as improvidently granted (and provided no further explanation of its action).
Ultimately, Issue Five will prove to be a good thing for the City. The chief and his (or her) assistants are policymakers, and vacancies in those positions should not be filled in the same manner as rank-and-file police officers. And it's good that the legality of the charter amendment is finally laid to rest, once and for all.
(Not to beat a dead horse, but I continue to believe that such appointments should be made by the mayor, not the unelected manager.)
Link: Enquirer
When Assistant Chief Lt. Col. Twitty left CPD, then-City Manager Valerie Lemmie appointed a longtime CPD officer to replace him. The Fraternal Order of Police sued, alleging that the charter amendment conflicted with its collective bargaining agreement with the City; according to the FOP, absent a renegotiation of the contract, the CBA should trump the City Charter.
The FOP lost in every stage of litigation. The State Employment Relations Board, which first heard the case, ruled in favor of the City. The FOP lost its appeal in the Hamilton County Court of Common Pleas and subsquently in the Court of Appeals. The FOP petitioned the Ohio Supreme Court to hear the case. It did so, and oral argument was held back in November; today, though, that Court dismissed the appeal as improvidently granted (and provided no further explanation of its action).
Ultimately, Issue Five will prove to be a good thing for the City. The chief and his (or her) assistants are policymakers, and vacancies in those positions should not be filled in the same manner as rank-and-file police officers. And it's good that the legality of the charter amendment is finally laid to rest, once and for all.
(Not to beat a dead horse, but I continue to believe that such appointments should be made by the mayor, not the unelected manager.)
Link: Enquirer
Tuesday, January 27, 2009
Deters Full of Shit
Again, not a shock to anyone who pays attention, but there was only one case of voter fraud in Hamilton County, and in that case the person told on himself. Fighting Joe Deters made grand unfounded claims back during the 2008 election cycle. I'll be waiting for Deters full retraction. I'll be dead before I get it, but I'll still wait.
Why, Oh, Why?
Peter Bronson has a blog.
I just don't know what to say. There are so many things that come to mind, but I'm just not going to do it. Must put down the poison pen.
I just don't know what to say. There are so many things that come to mind, but I'm just not going to do it. Must put down the poison pen.
Monday, January 26, 2009
Meteorological Pontification
Based on my analysis of the breathlessness of our local weatherpeople; the number of tickers, crawls, and weather bugs superimposed on my television screen; and the font size of online Enquirer headlines, I am prepared to make a prediction regarding the alleged coming snowfall.
By tomorrow morning at 7:00, we'll have received about three-quarters of an inch of snow. Sometime tomorrow, we'll receive some freezing rain just in time for rush hour. Two trucks will have problems going up the "Cut in the Hill," forcing the immediate closure of all interstate highways in a 150-mile radius.
Disclaimer: The Cincinnati Blog makes no warranties about the accuracy of its prediction. Readers are not encouraged to rely on this post. We have no access to information that is even marginally useful in predicting the weather. But we're not sure we're any less qualified than the combined efforts of Derek Beasley, Steve Raleigh, and Tim Hendrick to really screw up your day tomorrow. (Randi Rico was intentionally left off this list. Don't mess with Randi. I'm thinking of starting a fan club for her on Facebook.)
UPDATE (1/27/09 at 7:30 am): Oops.
By tomorrow morning at 7:00, we'll have received about three-quarters of an inch of snow. Sometime tomorrow, we'll receive some freezing rain just in time for rush hour. Two trucks will have problems going up the "Cut in the Hill," forcing the immediate closure of all interstate highways in a 150-mile radius.
Disclaimer: The Cincinnati Blog makes no warranties about the accuracy of its prediction. Readers are not encouraged to rely on this post. We have no access to information that is even marginally useful in predicting the weather. But we're not sure we're any less qualified than the combined efforts of Derek Beasley, Steve Raleigh, and Tim Hendrick to really screw up your day tomorrow. (Randi Rico was intentionally left off this list. Don't mess with Randi. I'm thinking of starting a fan club for her on Facebook.)
UPDATE (1/27/09 at 7:30 am): Oops.
Ohio Attorney Avoids Prison By Snitching
In 2006, federal law enforcement officials became suspicious that Frank Pignatelli of Akron, Ohio, was involved in drug trafficking. When confronted by agents and threatened with prosecution, Pignatelli did what many before have done: he agreed to be a snitch confidential informant.
What sets Pignatelli apart, though, is that Pignatelli is a criminal defense attorney, and he agreed to provide testimony against people who thought or would come to think that he was their attorney. One of his "clients" was sentenced last week to serve 15 years in prison.
Pignatelli could snitch on "clients" because when a client and his attorney conspire to commit an unlawful act, their communications are not privileged. So if Pignatelli was helping someone to set up drug transactions or to launder the monetary proceeds of such transactions, his conversations with his clients weren't protected by privilege.
Even though his conduct in revealing client confidences is technically permissible, as a defense attorney, I get an uneasy, nauseous feeling in the pit of my stomach when thinking about what Pignatelli did. He sold out his clients to the government in order to help himself. He put his own interests above that of his clients: the opposite of what an attorney is supposed to do. That our government is rewarding him for doing so makes my unease grow even more.
Becoming a lawyer means being willing to protect someone else, even when doing so makes us uncomfortable. And as defense attorneys, our job is to be a check against the unrestrained exercise of government power. I know I've just described criminal defense as a more noble calling than it is generally portrayed or perceived, but often, our actions are the only things that will shield a citizen from the loss of his liberty (or his life). Pignatelli went from a restraint on the government's power to incarcerate people to an instrument of it.
Pignatelli's drug clients no doubt placed him in a "high-end" criminal defense practice--in other words, he was making a lot of money from his clients, many of whom he would ultimately sell out. But at the first sign of trouble, he handed them over to the government. His story stands in stark contrast to that of Beth Lewis, a Montgomery County public defender who just a few years ago risked a contempt conviction and jail to protect the confidences of a deceased client.
And the ultimate irony? Pignatelli, no doubt unable to find newget-of-jail-free cards clients in Ohio, has pulled up stakes and opened a criminal defense practice in Colorado, where he defends accused drug dealers.
Link: Beacon Journal (via Talkleft).
What sets Pignatelli apart, though, is that Pignatelli is a criminal defense attorney, and he agreed to provide testimony against people who thought or would come to think that he was their attorney. One of his "clients" was sentenced last week to serve 15 years in prison.
Pignatelli could snitch on "clients" because when a client and his attorney conspire to commit an unlawful act, their communications are not privileged. So if Pignatelli was helping someone to set up drug transactions or to launder the monetary proceeds of such transactions, his conversations with his clients weren't protected by privilege.
Even though his conduct in revealing client confidences is technically permissible, as a defense attorney, I get an uneasy, nauseous feeling in the pit of my stomach when thinking about what Pignatelli did. He sold out his clients to the government in order to help himself. He put his own interests above that of his clients: the opposite of what an attorney is supposed to do. That our government is rewarding him for doing so makes my unease grow even more.
Becoming a lawyer means being willing to protect someone else, even when doing so makes us uncomfortable. And as defense attorneys, our job is to be a check against the unrestrained exercise of government power. I know I've just described criminal defense as a more noble calling than it is generally portrayed or perceived, but often, our actions are the only things that will shield a citizen from the loss of his liberty (or his life). Pignatelli went from a restraint on the government's power to incarcerate people to an instrument of it.
Pignatelli's drug clients no doubt placed him in a "high-end" criminal defense practice--in other words, he was making a lot of money from his clients, many of whom he would ultimately sell out. But at the first sign of trouble, he handed them over to the government. His story stands in stark contrast to that of Beth Lewis, a Montgomery County public defender who just a few years ago risked a contempt conviction and jail to protect the confidences of a deceased client.
And the ultimate irony? Pignatelli, no doubt unable to find new
Link: Beacon Journal (via Talkleft).
MusicNow 2009
Mike Breen of CityBeat has more great local music news with the Announcement of this year's MusicNow festival on March 11th and 12th. Only thing different this year is that the festival is two days on a Wednesday and Thursday, something a little different. It helps thought with other local events on that Friday and Saturday. I hope people come to town for the show, and then stay for the weekend. Like the Pomegranates CD Release event at the Southgate House on March 13th.
Sunday, January 25, 2009
Cincinnati is King
King Records and Cincinnati were featured in this great NY Times article from Friday. I feel sometimes like a broken record (ouch), but King Records was so much one of the several birth places of Rock and Roll and has for too long been overlooked. Last year's CEAs at the Emery Theatre were a great start to remembering and building upon Cincinnati Music history and our really happening current music scene.
The Opportunity for OTR
Friday's Enquirer ran a pretty good article about the efforts to remake OTR from a rundown neighborhood into a thriving area which would be a model for urban revitalization in the country.
The article discusses some of the opposition, mostly those who fear displacement of the poor. When I write "poor" I don't mean those living in the DIC or squatting in an abandoned building. I mean people who legally have their own residence. The displacement of this group is the issue where criticism bears the most merit. Efforts need to be made to help anyone forced to move because of a building being rehabbed and turned into market rate living space. Those efforts should include relocation expenses up front to help people find a new place well ahead of their move. Efforts need to be made also to provide affordable apartments as well. The problem that remains is looking long term. So far most of the buildings that were in use for housing and remodeled were run down to nearly an uninhabitable state. Progress needs to be made and thorns (anti-development zealots) should not hold us back, but accommodations need to be made.
The article discusses some of the opposition, mostly those who fear displacement of the poor. When I write "poor" I don't mean those living in the DIC or squatting in an abandoned building. I mean people who legally have their own residence. The displacement of this group is the issue where criticism bears the most merit. Efforts need to be made to help anyone forced to move because of a building being rehabbed and turned into market rate living space. Those efforts should include relocation expenses up front to help people find a new place well ahead of their move. Efforts need to be made also to provide affordable apartments as well. The problem that remains is looking long term. So far most of the buildings that were in use for housing and remodeled were run down to nearly an uninhabitable state. Progress needs to be made and thorns (anti-development zealots) should not hold us back, but accommodations need to be made.
Thursday, January 22, 2009
Pigall's Retains Four Star Status and Closes
Julie and the Enquirer report that Jean-Robert at Pigall's will close next month. It's somewhat ironic that the announcement comes on the same day Mobil announced that Jean Robert's would again receive four stars, the only restaurant in the state to achieve that honor. There had buzz for several months (including at Wine Me Dine Me, I believe) that something was amiss in the partnership that comprises the Jean-Robert Restaurant Group.
I will always be grateful that I was able to enjoy a meal at Pigall's (at someone else's expense, no less). I've eaten at good restaurants before, but there's something quite special about "fine dining." It's as if, for your entire life, the only music you heard was performed by high school bands and orchestras (and sure, some can be quite good, for high school kids). And then one day you're transported into a performance by the New York Philharmonic. Jean-Robert at Pigall's is simply a different league of cuisine. There's no point in comparing it to 99% of the other restaurants on the planet.
It appears that for the time being, M. de Cavel will remain in Cincinnati. One hopes that he'll try for another fine-dining restaurant in the future.
One also hopes a use will be found for the Pigall's building quite soon.
I will always be grateful that I was able to enjoy a meal at Pigall's (at someone else's expense, no less). I've eaten at good restaurants before, but there's something quite special about "fine dining." It's as if, for your entire life, the only music you heard was performed by high school bands and orchestras (and sure, some can be quite good, for high school kids). And then one day you're transported into a performance by the New York Philharmonic. Jean-Robert at Pigall's is simply a different league of cuisine. There's no point in comparing it to 99% of the other restaurants on the planet.
It appears that for the time being, M. de Cavel will remain in Cincinnati. One hopes that he'll try for another fine-dining restaurant in the future.
One also hopes a use will be found for the Pigall's building quite soon.
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