Streetcars Guest Column

Check out a very positive column for Streetcars in the Enquirer.

Berding Not in the CIA or FBI

I know the masses out there kinda assumed there is something odd going on with Councilman Jeff Berding, but I think we can trust this statement from his office declaring he is not part of the CIA or FBI, no matter what Chris Smitherman cares to speculate on the radio.

I wouldn't be surprised to see Chris Smitherman make some other nutty claim. What is next? Is the Mayor part of the KKK? Is Jim Tarbell really a member of the Real IRA?

'Good Guys' Loitering

How well is this type of effort going to work in the long run? Does this just drive the trouble makers someplace else? In this case can people tell if the bad element generally lived in Westwood, or were they coming in from other areas? If they are local, this may have a lasting effect. If they are not from Westwood, then that bad element will find someplace else to go.

I like this idea, but how much time does it take to make a lasting effect? Once this group stops, will the street corner just go back to the way it was?

COAST Gets NAACP Contribution

So the Cincinnati Beacon has the PAC Campaign Finance Report from last year for COAST, the extremist conservative anti-tax and what I call anti-government group. On that report it lists a contribution of 3,000 from the Cincinnati Chapter of the NAACP last November. This contribution was made last October, according to the report, which was during the issue campaign that both COAST and the NAACP worked together on for the failed Charter Amendment to enact Proportional Representation in Cincinnati.

Does this constitute an endorsement of COAST by the Local NAACP? Or is this just evidence of the collaboration effort which was much more intertwined than average members of each group would have been told?

MidPoint Indie Summer On the Square

The Midpoint Music Festival is teaming up with Fountain Square for the Indie Summer Music Series and CityBeat has announced the initial list. Highlights for me are

June 5th - Lions Rampant at 9PM
July 10th - Pomegranates at 9PM
July 17th - Wussy at 10 PM
July 24th - Bad Veins at 10 PM for their CD Release Show.

This music series is one of the best things on the Square and I personally look forward to nearly every Friday walking down to the square for a few beers and some great local music.

Keep your eyes on www.myfountainsquare.com/indiesummer or their MySpace Page for updates.

Findlay Market Modifies Hours

Historic Findlay Market shifrts weekday hours to 9 AM to 6 PM Tuesday to Friday, which adds on Tuesday. They are also adding an hour on Sunday Mornings, Weekend hours are 6 AM to 6 PM on Saturday and 10 AM to 4 PM on Sunday.

Bankers Club Closing

I am sure the economy will be blamed for the closing of the Bankers Club, but who under 40 would rather go to an old fashioned stuffy club over someplace like Nada or Via Vite?

More from the Enquirer.

Song Remains The Same

Once a name for something has taken hold, it sticks. This is not a surprise in the least. If the name "The Banks" was so horrible, then it should have been excluded. I actually voted for the River District. Is that any better? No. If the County put it up to vote to rename Great American Ball Park and Great American Ball Park was included as an option, then when it would win, there shouldn't be any shock. The Banks was branded and just ask a steer, that branding doesn't go away.

CincyFringe - Big Brainer Episode II

It is starting to get a little hot in the Big Brainer House. I'm wondering who is going to be condemned to death first.

Great American Tower Impact On Reds?

Last weekend, I watched the Reds beat the Pirates, 2-0, from a sun-soaked, right field seat. As the back of my neck burned, I couldn't help but notice the crane, which is installed for the Great American Tower construction, looming over the ballpark.

And I wondered: will the Great American Tower impact games at Great American Ballpark? Is it close enough to block wind from the north (keeping balls from carrying out to right on a day they otherwise might do so)? Or instead, will the wind move around the Tower and become stronger (some sort of wind tunnel effect) by the time it gets to the stadium? Or will the new building have no impact at all, apart from giving folks in the sun deck something to look at between innings?

And speaking of looking at the building, will all that glass create a glare/reflection during day games that could distract a right-fielder (or first- or second-baseman) trying to catch a pop fly?

Anyone have any answers? And how cool would it be to watch part of a game from the "tiara"? (That is, of course, once we come up with a more manly word for the top of Cincinnati's tallest building than the tiara....)

UC Law Holds Steady In New Rankings

Several websites are reporting that the 2010 US News & World Report law school rankings have been leaked. Assuming the authenticity of the reported rankings, the University of Cincinnati College of Law will be ranked the 52nd program in the nation (it received the same ranking for 2009). While normally a ranking outside the top 50 would be (and for the past several years has been) a disappointment for UC, holding serve is likely a relief, given the school's horrific 2008 bar results.

Other top-100 law schools people around here might care about: Kentucky will be 55, up 4 spots from last year; Ohio State will be 35, down 3 spots; Indiana will be 23, up 13 spots; Pitt will be 72, up 2; Case Western will be 55, up 8, and Louisville will be 98, down 2.

Ohio's six other law schools (Toledo, Akron, Dayton, Capital, Ohio Northern, and Cleveland-Marshall) all sit outside the top 100, as does Chase (NKU).

(Hat tip: TaxProf Blog.)

DHL Express Going Back to CVG

Business is tough on communities. Wilmington, OH has been facing tough times, but Northern Kentucky is getting a boost. Almost 4 years ago DHL Express moved out of CVG in favor of Wilmington, a consolidation of DHL operations. Northern Kentucky knows how Wilmington feels. In today's world, businesses can and often have to move where they can make better profits. They don't have to look at the big picture of a community. It is a cold way of living, but in the end businesses are not people, they are owned and managed by people, but those people don't have to face living next door to anyone losing their ability to make a living.

I am glad 800 jobs are moving here. I feel bad for Wilmington. I would feel worse if those 800 jobs went out of the area. What communities, mainly small communities, have to deal with: don't be a one one horse town.

"Sex Offenders": Another Approach

We've been discussing (both here on the blog and throughout our community) what to do with convicted sex offenders once they've served their time. California is one of a slowly growing number of states to decide that with respect to a particular subset of sex offenders--pedophiles--the best course of action is to declare them mentally ill and place them in a "hospital" for treatment. Here's a report on one of these facilities.

To be clear, I'm not advocating this approach: I just found it in interesting in the wake of recent events and debate.

(Hat tip: Althouse.)

Is Issue Five Being Tested?

Something odd is happening in the top ranks of the Cincinnati Police Division, and it's not clear to me that anyone really has a handle on it. I also haven't seen anyone asking some important questions about how what's happening comports--or conflicts--with the City Charter.

Jane Prendergast blogs that Cincinnati Police Chief Tom Streicher has created a new job for Assistant Chief Richard Janke. The move was made because Janke allegedly raised his voice to another assistant chief and was disrespectful towards Streicher himself.

Ordinarily, a little rearranging in the upper police ranks wouldn't be too interesting. But assistant chiefs aren't like captains or lieutenants. That's because assistant chiefs are appointed by the city manager, not the chief. That's a result of the passage of Issue 5 by city voters back in 2001. (When Chief Streicher leaves his post, he too will be replaced by the city manager.) This is spelled out in Article V, Section 5 of the Charter. (We've previously discussed Issue Five here.)

Until Chief Streicher's unilateral decision to reorganize the department, CPD had five bureaus (Patrol, Resource, Administration, Investigations, and Information Management) each headed by an assistant chief. Lt. Col. Janke previously headed the Administration Bureau, but is now being moved to something new called a "Special Projects Bureau" in an effort to limit "the necessity for him to interact with his peers and subordinates." Remember: if Chief Streicher simply demoted Janke, leaving the position in charge of the Administration Bureau vacant, his replacement would be appointed by Milton Dohoney (and perhaps "burdening" the Chief with an assistant he likes even less). Instead, the Chief has radically redefined Janke's job duties, ostensibly leaving no assistant chief vacancy.

To me, this all raises the following questions:

• Does the Chief has the authority to change the organizational table in this way? A knee-jerk response would be "of course," but I'm not sure it's that simple. At the very least, the number of assistant chiefs is fixed by Council; we have five chiefs only because the City--not the Chief--created an additional position in 2004.
• Assuming the Chief has this authority, at one point does he so limit the authority of an assistant chief that he's not really an "assistant chief" any longer?
• If the Chief has, in fact, made Janke a de facto non-chief (albeit with the rank of lieutenant colonel), can the City Manager declare the creation of a vacancy and use his authority under the Charter to fill it?
• Finally, is Janke grieving this or otherwise appealing it through civil service laws (since--I believe--he was grandfathered into his position and is not himself subject to Article V, Section 5)? Or is this a non-grievable, non-appealable decision in that it (apparently) doesn't impact Janke's rank or pay?

This could quickly become a messy, thorny thicket. The charitable part of me wants to believe that Chief Streicher, while dissatisfied with Lt. Col. Janke's work, wants to spare him (given his decades of service to CPD) the embarassment and financial cost of demotion. But my more cynical instincts suspect that the Chief has essentially ended Janke's tenure as an assistant chief, but done so in a way to deprive the City Manager of the ability to make an appointment.

Or maybe there's nothing at all going on here, and I'm just procrastinating rather than organizing my messy desk on a Saturday.

UC Law Alum Gets Promoted

Cris Collinsworth, a 1991 alumnus of the University of Cincinnati College of Law, has been named as John Madden's replacement on NBC's Sunday Night Football.

Perhaps an even more impressive honor for Cris: on May 10th, he will be the graduation speaker at UC Law's 2009 Hooding Ceremony.

UPDATE (4/16/09 at 7:00): Fifth word of the post corrected to limit the shame I caused my high school Latin teacher.

Free Legal Advice: A Corollary

A little over a year ago, I offered the readers of this blog some free legal advice:

Don't steal from the blind guy visually-impaired gentleman who runs the deli at the courthouse!

It seems that an addendum is in order. Here it is:

Don't steal the Hamilton County Prosecuting Attorney's lunch!

OK....so it apparently wasn't his lunch, but instead belonged to an investigator in the office. But it allegedly happened three times. Getting the munchies once is understandable, but three times? You're not working in a normal office, you're working for prosecutors. Did you think they wouldn't, after their food disappeared a second time, use their investigative skills to see why their pizza stash was dissipating overnight?

And you're right: at any other job, you'd be admonished. Maybe you'd even be fired. (This isn't exactly an employees' job market, if you haven't noticed.) But take a prosecutor's lunch, and you're going to jail.

On the flip side, it'd be fun to defend this case to a jury with exactly that thought: Ladies and gentleman of the jury: remember the last time someone took your apple or Coke from the office refrigerator? What do you think would've happened if you'd called the police and tried to press charges? We all know that when you stash your food in a communal refrigerator, you assume the risk that your food will be consumed by a greedy office-mate.

But come on, folks: is a frozen, microwavable pizza really worth the risk of prosecution? There are judges just a few floors up: wasn't there better food in one of their break rooms? And better yet, couldn't you just wait until the end of your shift to eat?

I hope this has been helpful in resolving any questions you might have about the legality and wisdom of committing theft offenses in the Office of the Hamilton County Prosecuting Attorney.

Mmmm, Doughnuts....

So the Enquirer has posted a letter from a woman who believes that the Postal Service's decision to make a Homer Simpson stamp is "highly objectionable."

I wonder if the author realizes that for the last several years, "The Simpsons" is the only network television show whose characters regularly attend church. And what does it say about television--and American religion--that this is the case?

Widmer Revelation: Deja Vu All Over Again

What is it with you people? What part of "don't investigate on your own" don't you understand? Why won't you listen to the judge when he gives you instructions? Did you think following his warnings was optional?

The Enquirer reports that in support of his motion for a new trial, Ryan Widmer's attorney has filed an affidavit from a juror in which that juror claims that other jurors conducted their own experiments to figure out how long it would take someone to air-dry after taking a shower. He also says a juror mentioned that there was water on the edge of the tub hours after she dried her child after a bath.

(For those of you who live under a rock or outside southwestern Ohio: last week, following a two-week trial and over twenty hours of juror deliberations, Widmer was convicted of murdering his wife by drowning her. The defense claimed that he was in another room while his wife bathed, and that she likely had a seizure while in the tub and slipped under water while unconscious.)

Jurors aren't allowed to experiment. But we also tell jurors that they don't have to leave their everyday experiences at the door to the jury room. So I'm not bothered that a juror might mention that she gave her kid a bath, and that the bathroom was still wet some hours later. That's part of your normal life experiences. We wouldn't expect a juror in a drunk-driving case to forget about his observations of drunk people in the past or forbid him from comparing those to a defendant in a police video. But intentionally experimenting to try to figure out a body's air-drying time? That seems--to me, at least--off-limits. And it might mean a do-over for Widmer.

If a court agrees that a new trial is warranted, it wouldn't be the first time a Tri-State verdict in a high-profile case was set aside because of jurors' actions. One of the most famous instances of juror experimentation took place over a quarter-century ago following the first civil trial regarding the Beverly Hills Supper Club fire. The case is included in law school texts on civil procedure. As you might recall, the plaintiffs (represented by Stan Chesley) argued that the fire was caused by aluminum wiring in the restaurant. Following testimony on this issue by the plaintiffs' expert, a juror went home and checked out his own, similar wiring. When the plaintiffs appealed their loss, the federal Sixth Circuit Court of Appeals ordered a new trial, writing:

Our decision to reverse is most regretfully made, as the length of time it has taken to reach it may suggest. The trial was generally a fair one, vigorously and effectively presented by able counsel before a skillful and experienced trial judge who cannot be faulted for the events which have occasioned the reversal. We are mindful of the trial judge's observation, earlier stated in an unpublished opinion of this court, that "[e]xperience teaches that while every additional day of trial increases the possibility of error, it correspondingly reduces the risk that any single error may have prejudicial effect upon the ultimate result." Nonetheless, the recited facts of the improper experiment and its use in the jury deliberations are too compelling and too fraught with potential for prejudice to be ignored. [Internal citation omitted.]

I don't know if what happened in the Widmer case rises to the level of what happened in the Beverly Hills trial. Maybe a body's drying time is part of one's ordinary experiences. But here's a tip: if you're on jury duty and selected for a trial, don't conduct your own experiments; decide the case based on the evidence presented in court. You'll save everyone a lot of time, money, and anxiety.

Miami Wins, Makes Final Game!

Miami Hockey is in the championship game after a victory over Bemidji State in the Frozen Four.

Way to go Miami!!!!!!!!!! Repeat after me:
Love and honor to Miami,
Our college old and grand,
Proudly we shall ever hail thee,
Over all the land.

Alma mater now we praise thee,
Sing joyfully this lay,
Love and honor to Miami,
Forever and a day.

Neckties for the Stars

I'd encourage you to enter this contest, but frankly, I'd rather you didn't: I'm trying to elbow my way into a group date that'll include Kate the Great and Red Kat Blonde (even though they're trying to pretend as if Kwame Jackson is the top draw).

And 5chw4r7z: don't think I haven't noticed that you entered twice.