Sunday, May 24, 2009

Widmer Case Illustrates Dual System of Justice

When former Bearcats coach Andy Kennedy was arrested late last year, I argued that the manner in which the case was proceeding was an excellent demonstration of justice for sale in America:  in other words, people in the criminal justice system often get exactly as much justice as they can afford.

To an extent, the Ryan Widmer case also serves as a stark example of our dual system of justice.  Leave aside the pre-trial and trial proceedings.  Widmer was able to afford high-priced private counsel, as well as a nationally-known forensics expert.  (Indigent defendants only get access to such experts when the court approves it, and then must sometimes demonstrate to the court a "need" for such experts.)  Forget all that, for the moment.  Focus instead on what's happened since Widmer's conviction.

Look at recent events.  The press coverage has been extraordinarily sympathetic to Widmer, who is now a convicted murderer.  (It helps, perhaps, that Sarah's family seems to have no interest in engaging the media.)  Hundreds have attended a candlelight vigil to "support" Ryan.  One expects, of course, Ryan's family and close friends to be heartbroken and moved to action by the verdict.  But people who have no discernible connection to Widmer and who certainly didn't sit through the trial or read the transcript are publicly lamenting the verdict as well.  What's more, before the ink was even dry on the verdict form, two high-powered appellate attorneys (including the director of the Ohio Innocence Project) had signed on to the defense team.

If Widmer weren't so upper-middle class, young, attractive, and white, would we see this outpouring of support for him?  I certainly don't mean to make race the sole factor here, as this is probably driven at least as much, if not more, by economic and social class.  (No one showed any sympathy a few years ago for Liz Carroll, although there was evidence that of the three involved in her foster-son's death, she was the least culpable yet received the harshest result; Liz was poor and white.)  And I don't mean to question the appellate attorneys' motives (OIP has been a tremendous force for reversing wrongful convictions in its few years of existence, and the other attorney involved devotes a significant portion of his practice to indigent criminal appeals).   But would the media coverage have been quite so favorable if the alleged murderer were poor or black (or both)?  Would the injustice of the conviction even showed up on the community's radar screen?

I have no idea whether Ryan Widmer murdered his wife.  I didn't sit through the trial and didn't read a transcript of it.  I'm bothered by the revelation of juror experimentation.  But the case leaves me wishing that the State was subject to such scrutiny in all criminal cases, not just the ones where the defendant is a young, affluent, white suburbanite.

Saturday, May 23, 2009

Haap and Jeffre Alter Position on Anti-Streetcar Petition

In a surprise move, Jason Haap and Justin Jeffre have published a blog post where they state they believe the language of the existing petition to amend the City Charter to force a public vote on all passenger rail transit goes too far. I guess Haap and Jeffre didn't read the language before they threw their support behind it. Recent reports, including an opinion from Hamilton County Commissioner Todd Portune, believe that the language on the ballot measure would prevent the city from participating in the high speed rail plan put forth by the Federal Government.

Due Diligence is far too often skipped when emotion and ego are the guiding force of action.

Cincinnati Will Miss Pierce, Even If It Doesn't Know It Yet

I was disappointed to see Griff's post reporting on Margo Pierce's upcoming departure from CityBeat.  For some time, Ms. Pierce has been writing on issues in Cincinnati that no one else is bringing to light.

I've not always agreed with Ms. Pierce, but I will certainly notice her absence.  Of all the reporters in Cincinnati, she's the only one who regularly writes in-depth stories on our criminal justice system--and she does so with a keen insight lacking in the "mainstream media."

Writing for print publication is tough.  (I should know....I was recently invited to write for a print publication, and crapped out.  I've apparently gotten too used to this blog and legal briefs to write anything that is (a) longer than a few sentences, and (b) of even moderate interest to a general audience.)  But Ms. Pierce does so with much skill, and her voice will be missed in Cincinnati.

Margo Pierce Leaving CityBeat

News writer Margo Pierce has announced she is leaving CityBeat. No word on her next step or the paper's plan to replace her, or not.

Friday, May 22, 2009

Know Founder to Leave Company

Know Theatre Founder Jay Kalagayan will leave the company by Fall. This is sad news for the theatre community and those of us who have been fans and supporters of the Know Theatre for many years.

Jay is the Know the Theatre. His commitment to it over 12 years is an amazing testament to him as a person. He took a small troop and built it up into an institution. I can't look past the many times I spent drinking a beer with Jay and his conversation went to the theatre, either promoting the next show, seeking volunteers, or looking for something he could procure for the actors/staff. A joke often shared amongst his friends was that Jay was able to feed some of his staff, particularity a skinny technical director, who was keep alive with the endless Chipotle free burrito coupons Jay was able to collect.

Jay has wonderful family who will really enjoy more time with him. I expect Jay will move on to new exciting things, but he'll still end up at the theater for a show or just to check on his creation. I personally want to wish Jay the best of luck.

For more check out this from the Dayton Daily News.

Wednesday, May 20, 2009

Widmer Decision Due

The decision on Ryan Widmer's motion for a new trial is due out any minute.

My prediction: the motion will be denied. I'll explain my reasoning a little later, once the decision is out.

Tuesday, May 19, 2009

That Explains It....

For some time, the Enquirer has been holding up as its "poster child" of deferred sentences due to jail overcrowding a woman convicted of leaving the scene of an accident and driving under a suspended license.  Several months ago, she was sentenced to serve 180 days in jail.  Because of the lack of jail space, she was released and told to come back later.  

During her release, she's apparently been charged with driving under a suspended license.  That was a dumb thing to do--especially because under the rules about the way cases are assigned, she ends up back in front of the same judge that wanted her to do six months in jail.  (He made sure she stayed locked up today.)

I haven't understood why this is the case the Enquirer decided needed so much attention.  Yes, the woman drove without a license, hit and injured a bicyclist (unintentionally), and left the scene of the accident.  But there have been people convicted of arguably more serious offenses (at least to the extent they involve assault, an intentionally violent offense) who have been released despite being ordered to serve time.  Why not pick out one of those cases?

The answer, perhaps, comes in today's story.  For the first time (or at least the first time I've noticed), the Enquirer offers a little bit of a description of the bicyclist who was injured in the car accident:

He or she is a photographer for the Enquirer.

I guess maybe it's not so hard to figure out why that case is garnering so much ink, after all.

Saturday, May 16, 2009

Cincinnati Acclaim Awards: May 21st

Come out and support Cincinnati Theatre by attending the Cincinnati Acclaim Awards:


2009 Acclaim Awards
Celebrating the Best of Cincinnati's 2008-2009 Theatre Season

Presented By
The Enquirer with the League of Cincinnati Theatres

Hosted by Cincinnati Arts Association

JARSON-KAPLAN THEATER
Aronoff Center for the Arts
650 Walnut Street
Cincinnati, OH 45202

MONDAY, MAY 18, 2009

6:30 PM
Pre-Show reception for Host Level and Higher
By-the-bite appetizers by Bootsy's, JeanRo Bistro, McCormick & Schmick's,
Morton's, Nicholson's, Oceanaire, Washington Platform and Via Vite.

7:30 PM
Acclaim Awards Program
See a list of category winners to date

9:00 PM
After-Party for Acclaim winners and supporters

Tickets
General Admission: $25
Theatre Artists: $10
Host/Hostess: $100 includes pre-show reception

Reservations
(513) 621-2787
www.cincinnatiarts.org

David Pepper's Hat Is In the Ring

Hamilton County Commissioner David Pepper is running for State Auditor. He is not is not running for reelection to the County Comission. Who will run for that seat? Do I really need to say anyone else's name other than John Cranley?

Wednesday, May 13, 2009

Dogs and Cats Living Together



First we had the civil union between Chris and Chris, Smitherman of the NAACP and Finney of COAST. Now we have Simon Leis coming to the defense of David Pepper.

Larry Flynt and Phil Burress better stay away from each other or the world will end.

And furthermore:
Dr. Egon Spengler: There's something very important I forgot to tell you.
Dr. Peter Venkman: What?
Dr. Egon Spengler: Don't cross the streams.
Dr. Peter Venkman: Why?
Dr. Egon Spengler: It would be bad.
Dr. Peter Venkman: I'm fuzzy on the whole good/bad thing. What do you mean, "bad"?
Dr. Egon Spengler: Try to imagine all life as you know it stopping instantaneously and every molecule in your body exploding at the speed of light.
Dr Ray Stantz: Total protonic reversal.
Dr. Peter Venkman: Right. That's bad. Okay. All right. Important safety tip. Thanks, Egon.

Paying Your Dues

Here is how council candidates do it. You start off by running an independent campaign for council. You don't win, but you show what you have to run a campaign. If you do well enough, in two years you get an endorsement for a party, which gives you a real chance for getting on council. You most likely lose again, unless you organize/fundraise extremely well, but then you get appointed or elected the third time.

Monday, May 11, 2009

Downtown Lunch Spots

Where are the best or most unique Lunch spots in the Downtown/OTR area? I normally don't get a chance to eat lunch during the week Downtown, but I have a week off in early June, so I am planning on going out for lunch often (I'm on vacation after all), but want to try new places. So, what are you suggestions?

Saturday, May 09, 2009

CincyFringe - Pick Your Shows!

What shows are you going to see at this year's Cincinnati Fringe Festival? A full list is here.

Do show titles affect your pick? This year a few titles will either stiffen your attention or repel you completely. For example:
Assholes and Aureoles, presented by InterAction Theater, Inc. (Bloomington, IN)

Also, you know Ken Ham (of the Creation Museum) has to see Brother Bailey's Pageant of Moral Superiority and Creation Science Jamboree, presented by Ornamental Messiah Productions. (Jackson, TN)

Thursday, May 07, 2009

It Looks Bad For Portman and DeWine

Poll results show a clear problem for Republicans in Ohio.

Ohio is a fickle state, but at the present, the Dems have a statewide dominance. It will only take a drop in Obama's poll number to drag down Ohio Dems, but that is all that will make it possible (outside of individual candidates screwing up). The Ohio GOP can try a culture war, but I think they will loose. Portman and DeWine are not culture warriors and wouldn't be able to stomach it. At this very early point, I don't see a way to win that doesn't involve the totally collapse of the support for the President.

Kevin Osborne Appears To Be Bored

CityBeat Reporter Kevin Osborne appears to have little else to do except waste his time by feeding the ego that has taken human form in that of Jason Haap, aka the "Dean of Cincinnati."

Does anyone truthfully not understand why any political or civic organization would question the honesty and intentions of a Jason Haap or Justin Jeffery membership request? They are out for attention in any form possible (yes, I know I am giving them more) and their apparent goal of adhering to principle is about as honest a quest as the CityBeat News reporters claiming they operate without a massive political and often personal bias toward their journalistic subjects.

Wednesday, May 06, 2009

CincyFringe BigBrainer - THE END?



Is this the End of BigBrainer? Will our heroic scientists survive love, sex, drinking, and slapstick hilarity?

If you wan to find out if this is the real end of series, you will have to get your Full Frontal Pass for the Cincinnati Fringe Festival. They are for sale now on the fringe website: www.cincyfringe.com.

The festival and your road to hilarity starts on May 26th!

Tuesday, May 05, 2009

New United Way Campaign

Kate the Great needs a diaper.

Err, no, that's not quite right. She just wants a diaper. Or she wants you to buy other people a diaper.

Seriously....the United Way has a new campaign: the Give 5 -- Diaper Drive. The idea is to give five bucks, which the Greater Cincinnati United Way will then spend on diapers. The diapers will be given to a bunch of local agencies who will distribute them to needy families in Cincinnati.

It's not a need that people like me (single and childless) typically think about, but it makes sense that this is an unmet-need for poor families. So go check out KRM or the United Way site for the details. There's also some sort of twitter thing, but not being hip enough for that, I'm sticking with the websites.

Off With Our Noses!

I have to admit: I haven't followed the whole "Let's Dissolve Amelia" thing terribly closely. I know it began when Amelia leaders proposed a village income tax. But I never understood why the solution was to disband the entire village, rather than to just exact revenge (at the polls) on the mayor and others.

Will Amelians really get better representation as township members? Won't their votes be diluted if the village is swallowed by two larger political subdivisions? It just seems a little bit like voting for dissolution is cutting off voters' noses to spite their faces....

The Race Is On

The Hamilton County GOP has announced that it is endorsing Brad Wenstrup for Cincinnati mayor. His resume is interesting, although unconventional. He's an Iraq war veteran who's never held elected office. Currently, he's a podiatrist.

The only thing that I know about his take on any issues, based on the Enquirer's coverage and his own website, is that he opposes the streetcar proposal. That'll turn about ten percent of City residents (and 90% of this blog's readership) into rabid opponents and another ten percent into faithful supporters. Most people (me, for instance) aren't going to be driven to the polls based on a candidate's stance on the streetcar (I'm just not going to get worked up over a proposal that has little chance of coming into fruition, given the difficulty of finding private investment dollars in the current economic climate).

I'm not sure that Dr. Wenstrup's lack of experience is a critical issue, given the relative weakness of the mayor under the current charter. Day-to-day, nuts-and-bolts executive operations are really handled by the city manager. So it'll be interesting to see what Wenstrup's positions on various issues are, and what he sees as the mayor's top priorities over the next four years.

So unless another candidate comes forward, it looks like the mayor's race will be Wenstrup vs. Mallory. Mallory is the clear favorite at this early stage, but I hope the election will at least provide the opportunity for interesting debate regarding competing visions for the city.

Monday, May 04, 2009

Best of Taste Awards

Polly Campbell has the round-up on the 2009 "Best of Taste" winners. You may remember that last year, we (well, Julie, really, but I agreed) were off-put by awards taken by national chain restaurants. That's not a problem this year: all of the winning dishes are from local restaurants.

Can someone tell me how I've been oblivious to Vitor's Bistro, which apparently has the most decadent French toast on the planet?