Interesting Decisions in Upcoming Trespassing Trial

As you know, last month Chris Smitherman (the president of the Cincinnati branch of the NAACP) and Rev. Dock Foster were arrested for trespassing during a protest outside of a Cincinnati public school construction site. The two--with others--were protesting CPS's under-inclusion of minority contractors in construction bids. At the time, I remarked that Smitherman and Rev. Foster had acted "in the best tradition of the civil rights movement." Griff, as the blog's resident law-and-order conservative, was less enthusiastic.

I had assumed that the arrest was just part one of the pair's protest. I anticipated that the two would ask a jury to find that their actions were justified, much the same way the "Flannery Five" did after being arrested for trespassing at Steve Chabot's office a few years ago.

It looks like I was wrong.

Trials for the two men are now scheduled. Rev. Foster's case has been assigned to Judge Rucker, and is set for May 26. Smitherman's case, assigned to Judge Powers, is set for May 6. Both cases are set for bench trial--that is, trial to the judge. Neither man has filed a jury demand. (In Ohio, one waives the right to a jury trial in a misdemeanor case unless a jury demand is filed at least 10 days prior to trial.)

There's obviously a lot we don't know. Perhaps both have decided to enter a guilty or no-contest plea. Perhaps both have reached plea agreements with the City. Or perhaps both intend to seek a continuance on the trial date. But I'm surprised that neither has (thus far) signaled a desire to air their cause before a jury of their peers.

Second Sunday in OTR

A new year brings a smart change to SSOM. The monthly event showcasing the growing neighborhood of Over-the-Rhine has changed its name from Second Sunday on Main, to Second Sunday in OTR.

The event, now in its sixth year, started as a fair focusing on the Main Street area. Reflecting on the growth on Vine and 12th Streets, organizers have changed the name and formally incorporated all of OTR into the event.

Here's the detail from last week's press release:

Second Sunday on Main will expand and change its name to Second Sunday in OTR (Over-the-Rhine), and will include Main, Vine and other surrounding streets between 12th and 14th streets. SSOTR will continue to be a hip, eclectic neighborhood event, but in its 6th season will embrace the vibrant neighborhood and expand beyond Main Street.

The season begins May 9 and continues through September 12 on the second Sunday of every month from 12 – 5 p.m. in historic Over-the-Rhine neighborhood. The event is free and open to the public.

“The focus is going to change to be about the shops, restaurants and residents that are responsible for the rebirth of OTR,” said Barbara Hauser, chair of Second Sunday. “The energy and commitment to this neighborhood is endless and our hope is we can take this event to the next level and truly celebrate all of OTR.”

Several changes will occur including the Beer Garden and live music will move to the newly opened Neon’s Unplugged in their 4,000 square foot patio with a bocce ball court. “We are excited to be a part of Second Sunday and the expansion,” said Dan MacDonald, co-owner of Neon’s. “We want Neon’s to be a part of the fabric of the community, a place for folks to gather, hang out and make connections.”

This is really great news for the event. The addition of Neon's brings a local that will really grow from the exposure. Part of Neon's concept was to be a community and neighborhood place for people to share an afternoon or an evening. This cooperation will really give the event a chance to grow.

The schedule for the summer is as follows:
• Sunday, May 9 Take Mom to OTR
• Sunday, June 13 Dog Days
• Sunday, July 11 Global Groove
• Sunday, August 8 Neighbor Block Party
• Sunday, September 12 Eco-OTR-ia

Is "First in Print" Working?

Last month, I mocked Enquirer Editor Tom Callinan's "First in Print" strategy. (Well, it wasn't so much the strategy I had troubles with, but Callinan's suggestion that bloggers are just vultures preying on the corpse of the traditional media.)

If I'm any bellweather, though, "First in Print" may be working. For the last several weeks, I've been buying a Sunday paper. At first, it was because there were one or two interesting-looking articles that I didn't want to wait to read until the next day. Lately, though, I do it because I've rediscovered the joy of reading the Sunday paper--that luxurious feeling of spreading out with the paper, going through the various sections, finding hidden gems towards the back of a section you might not have found if you hadn't followed a front-page story to its end, and (yes, I'll admit it!) reading the color comic strips.

So...has anyone else started reading the print edition of the Sunday paper again? Or am I (as usual) alone?

Who Wants to Buy the Soon to Be Old SCPA?

I myself don't have any spare change lying around my condo, but if you do and you would like to invest in a little fixer-upper, something will be on the market come June.

I don't know where it will be listed, but I'm sure you could appear at a CPS school board meeting and just make an offer.

Social Media Gone Awry

Social media is the new black, right? It's perfect for every occasion. Kid graduating from college? Facebook it. See something amusing on the street? Twitter it. Going out to dinner? Use FourSquare to post your location to Facebook and Twitter at the same time.

But we've all seen examples of too much social media. Sometimes, it's just that a "friend" puts more on Facebook than you want to know. Other times, social media is used to spread news that probably should be relegated to more traditional fora. (For instance, I recently learned of a law school classmate's unexpected death via Facebook.)

Now comes word that the Ohio Department of Rehabilitation and Corrections is considering tweeting the completion of executions. That strikes me as being in remarkably bad taste. But perhaps I'm just old-fashioned. What do you think?

(Hat-tip: SL&P Blog)

Reminder: Tweetup for Tarbell Tonight at Neon's!

Just a reminder to everyone that the Tweetup for Tarbell takes place tonight at Neon's Unplugged (208 E. 12th Street) from 5:30PM to 9:00PM.

Come out and support Jim Tarbell's campaign. This isn't a fund-raiser, just an opportunity to meet Jim and learn about his effort to become the next Hamilton County Commissioner.

If you are lucking you might get to wear his top hat too.

Someone Get Chris Monzel a Map

Geography must not be a requirement for Hamilton County Commission, but it should be. Chris, the City does not extended into Kentucky, so efforts to prop up the Airport there are limited at best. Also, the City does not extend over all of the county, therefore you should be addressing your comments to us, not your prospective primary voters out in Blue Ash. Most importantly, during his ranting speech at Monday's Finance Committee Meeting, Council Member Chris Monzel referenced West Chester and Mason in his attack on Streetcars.

Yes, Chris tried to use these Exurban communities to make a point about Cincinnati in regards to why he's against the Streetcar plan.

The "Son of the Suburbs" should just start packing and move to West Chester or Mason if he loves those types of communities.

Before he packs up the U-Haul, someone needs to get Chris a map. Better yet, let's just put out a call. Would everyone in West Chester and Mason, please be sure to vote for Chris on May 4th! We need a voting scandal! Just to make sure. Just so Chris knows and to help keep him from personally driving up the cost of gas. Chris, West Chester and Mason aren't in Hamilton County. The Republicans there can't vote for you. Sure you can get their money, and don't worry, people will be checking to see how much out of City and County money you got for your campaign.

Seriously, Monzel's rant for right-wing votes during Monday's meeting was laughable. He shows all he cares about is getting the short term votes of people who are against the development in and often against the existence of the City. He is not helping lead the city, he is standing in its way.

Chris Monzel needs to move out of the way. He needs to move away from the City he cares nothing about. He has never come up with an significant plan, proposal, or idea that would improve the lives of people of this City. His current crusade to get elected to a higher office is more than prima facie evidence that he is actively working to impede development of the City. He would rather sink money into projects outside the City and outside the State of Ohio. We don't need a guy on County Commission and certainly not Council who is not working for the best interests of its citizens. He's working for the interests of his donors and the special interest extremists supporting his crusade to kill the City.

The good news is that six members of the Finance Committee disagreed with Monzel, and his sidekick Leslie Ghiz, who shared his vote, but lucky for her, didn't rant on about the suburbs. I guess she's not moving out of town, yet.

For more of the good news on Council's action check out: UrbanCincy, CityBeat, and the Enquirer.

Support the Streetcar at City Council

Show your support for the Streetcar in Cincinnati! Please attend the City Council Committee meeting on Monday afternoon at 1PM. Please get there 15 minuets before to sign up to speak. If you don't want to speak, just your presence will help get the message to council that the City needs to go forward on the Streetcar.

For more details check out the Cincy Streetcar Blog.

Awesome Food, Drinks at Thai One On At Mayberry

Just a quick post to note that Chef Josh Campbell of Mayberry did it again this past Wednesday night, putting together a terrific dinner of Thai food.

My friend and I sat with Julie and Terry. Julie will have pictures and a more thorough review up sometime soon, no doubt. Through the meal, Julie would say intelligent things like, "The herbaceous quality of the dish gives it a subtlety that's exquisite." I, on the other hand, would occasionally take a break from shoveling forkful after forkful of delicious food into my mouth, gasp for air, and grunt, "Food good. Me like."

By now, everyone knows that I love Josh and Mayberry. The guy can just flat out cook. But Wednesday night was my first encounter with Molly Wellmann, and that deserves a few words.

She'd prepared four drinks for the Thai-themed dinner. The one I chose--perhaps the least adventurous option--was a Thai iced tea. It was prepared with Thai tea, coconut milk, and Kraken rum. (I managed to avoid saying it during dinner, but I'll say it now: Release the Kraken!) It was a terrific drink, with just the right balance of liquor. I'd not had Kraken rum before, and it was an excellent choice for the iced tea.

Julie and Terry already knew Molly, so she came over near the end of the meal to chat. Molly was not at all what I'd expected. Having heard about (but not having met) Molly and knowing how "in" she is right now, I'd imagined her as one of those people who is so cool or hip as to be aloof. Nothing could be further from the truth. She was warm, engaging, and disarmingly charming. And I found out what the difference between a "bartender" and a "mixologist" is. It's not simply that a mixologist makes awesome drinks (although Molly certainly does!). It's the depth of the mixologist's knowledge of her craft. At one point, Terry asked Molly about absinthe. Molly took off on an extended riff about the history of liquor, distillation, and wormwood. Molly speaks about drink-mixing with the knowledge and passion that I can only hope I display when I talk about the law.

I've got to catch up with Molly when she's tending bar some day to try her Manhattan. Or anything else she'd care to mix up, for that matter.

All in all, an extremely successful event for Mayberry. If you're not following the World Food Bar on Facebook (and thus learning about their planned special evenings), you're a fool.

Welcome Home Christian Moerlein

Beer drinkers, OTR supporters, Cincinnati fans, today is huge! The Cincinnati Business Courier reports that Christian Moerlein Brewing Company will start making beer in Over-the-Rhine within a year.

Hannity Rains on "Tea Party"

Schadenfreude is not just a word it is a reality.

I'm not sure what to make of FOX News, however. I doubt they were pissed that Hannity was violating every rule of Journalism by appearing at the Cincinnati "Tea Party" event. I think they were more pissed that FOX News wasn't getting a cut of the gate. No money, no Hannity. No midwestern crack-posts are going to be Hannity's pimp. FOX News is the pimp for all of the Right-Wing media whores, and don't you forget it, Cincinnati!

CAC: The Event - May 22nd

Get more info at: www.contemporaryartscenter.org

Tweetup for Tarbell April 21st at Neon's

Do you want to make a difference? Do you want to have fun? Do you want to drink beer? You can do all of that and more on April 21st from 5:30 to 9:00PM at Neon's where everyone can show their support for Jim Tarbell by attending a Tweetup for Tarbell event. You will have the opportunity to meet Jim and interact with people who support his campaign. This gathering is organized by a group of independent minded Twitter users who have met Jim and appreciate the experience he brings to everything he does. Just so you know, outside of paying for your own drinks, there is no charge to attend.

Former Cincinnati Vice-Mayor Jim Tarbell is running for Hamilton County Commissioner and needs your support and your vote in the Democratic Primary on May 3rd.

Jim is a strong advocate for smart development in all of Hamilton County, but Jim understands the importance of development in the City of Cincinnati. Jim will work to get the county budget in order and establish a tone throughout the county that inspires cooperation, not conflict.

Please come out on Wednesday April 21st from 5:30PM - 9:00PM to Neon's Unplugged, 208 E. 12th St.,Cincinnati, OH 45202.

The Main Event???

While on my Saturday morning walk I saw to my surprise a couple of signs in the windows of 835 Main Street. They read:

The Main Event
Opening on or Around
April 15th

This location was formerly Guido's Corner Tap and before that it was Lava. I've done a search on-line, but found close to nothing.  I saw some reference to a possible liquor permit transfer at that location in City Council records from late last year, but that was it. Via word of mouth I've heard it is being opened by the people who run the Subway bar, which is slated to close with the rehab plans of the Metropole.

If anyone has any additional details, please chime in.

Silence at the Enquirer

In this week's CityBeat, Kevin Osborne references the Enquirer's recent action in turning off the comments on the on-line news article about the St. Xavier High School football player who fell to his death from a hotel balcony while on Spring Break in Florida.

What Kevin may not know and what the Enquirer management will not come out and report is that they have changed the overall policy on stories about deaths. If you check on the following article Monday shooting victim dies, you will see that the option to comment is not included. I don't know exactly what stories qualify for this new no-comments policy, but there clearly is some type of policy in place.

What I will "speculate" has happened is that the Publisher of the Enquirer got wind of the comments on the stories about the St. Xavier student. She didn't like that and she pushed for the policy change because it affects someone she cares about.

It took the publisher to either be lobbied by people she knew or she knew the kid herself to notice the kind of comments that flood the Enquirer website.

Kevin's points are not lost on this at all. The Publisher had let countless comments about he deaths of kids from OTR and other inner-city neighborhoods, younger than this St. X student, killed for making mistakes, flood those articles. It took the death from the right socio-economic circles to get her attention.

Why she's not making the policy change public is the surprise. Or is it? Does the Publisher know that making an announcement about the comments policy change will only point to obvious motivation it took for her to act? I would guess the Editors and Staff of the Enquirer and Cincinnati.com would really like to announce this policy change. I don't think any of them want people to think they are only silencing the hate-filled comments about Suburbanites. I will surmise a silence ploy is the chosen tack. Say nothing and wait for it to blow over. I don't think that's going to work. To use another cliché, the bell can't be unrung. It is time to announce the policy change and maybe get new software to make commenting less anonymous and less offensive to everyone.

I'm only speculating here, but If I can figure this out, anyone can.

Reds 2, Cardinals 1

The Reds get their first win, courtesy of a walk-off home run by Jonny Gomes. The Reds thus avoid being swept in their first series of the 2010 season. An encouraging sign for the Reds: Bronson Arroyo turned in a stellar outing, pitching eight innings and giving up just one run on four hits.

Fewer People On Death Row In Ohio

Last week, the Columbus Dispatch reported that as executions become more frequent and death sentences become less frequent, the number of people on death row in Ohio is down to 160, from a high of 204. Only one person (Anthony Kirkland, by Hamilton County) has been sentenced to death in Ohio this year, and only one (Hersie Wesson, by Summit County) was sentenced to death last year. The Dispatch's article is based on Attorney General Richard Cordray's 2009 Capital Crimes Annual report, the full text of which is available here.

According to Cordray's report, 51.25% of death row inmates are African-American; 44.38% are white. Of the offenders' victims, 32.3% are African-American and 61.7% are white. Only one of the 160 death row inmates is a woman. The average age of a death row inmate is 45.95, and the average length of time spent on death row for current inmates is 14.48 years.

Hat tip: Professor Douglas Berman, who offers this interesting observation:

In this post yesterday, I suggested that the number of death sentences are rising in California during its de facto moratorium on executions because California jurors in capital cases (justifiably) consider their vote for death to be largely symbolic with little or no practical consequence on the likely fate of the defendant they condemn. I think these Ohio data reflect the other side of this coin: [because of] the frequency of executions in Ohio in recent years, Ohio jurors in capital cases (justifiably) consider their vote for death to be very consequential and thus it seems these jurors are being especially cautious when decid[ing] who should be condemned to die.

New Lunch Menu at Mayberry

I've meant to post this for the past several days, but haven't had a chance.

Last Monday, Chef Josh Campbell (see my previous panegyric) unveiled Mayberry's new lunch menu. I knew the new menu was coming, and viewed this with not a little trepidation. You see, I don't subscribe to the notion that change is generally good. In fact, when I find a restaurant I like, there's usually two or three (or sometimes just one!) item that I'll order on a regular basis. At Mayberry, that had been the tuna melt and the chicken Caesar salad, both of which are casualties of the change to a spring/summer menu.

So what's on the new menu? Replacing my chicken Caesar, there's a spinach salad with berries (that can be ordered with chicken). If you like a spinach salad, this is a good one! There's also a hot dog. That was an interesting experience for me. I've not yet been to the Senate because of its $9.00 hot dog. (Yes, the same reason that everyone goes is the very same reason that I stay away.) I'm generally of the opinion that the only reason to pay more than a couple bucks for a hot dog is that it's accompanied by a baseball game. Nonetheless, I tried Josh's $7.00 hot dog.

And....it was great. It's a quarter-pound dog that comes with apple-bacon-fennel slaw. I don't like cole slaw, and particularly don't like letting it ruin a good hot dog, so I wasn't sure I was up for this. But this slaw is nothing like cole slaw. No cabbage--that's replaced by the fennel, which is perfectly balanced by the apple and bacon flavors. Had you set a bowl of the slaw in front of me, I'm pretty sure I could have eaten it for lunch.

There are other items, too, most of which I've forgotten since I waited too long to post. A very good sandwich with apricot mustard. A new pasta salad that I thought was quite good (though my friend thought it was a tad over-dressed.) And some of the old favorites, like the burger and the "Sloppy Josh" (which a friend describes as having a crack-like addictive property), remain on the menu, as do the tater tot casserole and the mac-and-cheese.

So if you haven't been to Mayberry in a bit, definitely check out the new menu!

Strickland Signs Criminal Justice Reform Legislation

Today, Governor Strickland signed into law Senate Bill 77, which provides for significant reforms in three key areas of criminal law and procedure in Ohio:

• Eyewitness identifications: Law enforcement agencies are now required to adopt "double-blind" identification procedures, which means that the officer who conducts a lineup (whether "live" or via photographic array) is unaware of the identity of the target suspect. A court must take into consideration failure to comply when considering a motion to disallow the identification at trial, and if it permits testimony regarding the identification, must instruct the jury that it may consider the noncompliance.
• Custodial interrogations: If law enforcement agencies record interrogations from start to finish in the most serious crimes, confessions will be presumptively voluntary. (However, the failure to make such recordings is not grounds for suppression or inadmissibility.)
• DNA: SB 77 expands the mechanisms available for convicted felons to obtain DNA testing and requires the preservation of DNA evidence in all serious crimes. The law also requires the collection of a DNA specimen from anyone arrested for a felony offense.

The signing ceremony today was the culmination of years of work by the Ohio Innocence Project at the University of Cincinnati College of Law. The national Innocence Project's blog post on the new law can be found here.

The legislation was supported by (I believe) the entire southwest Ohio delegation to the House and Senate. Local legislators who provided important leadership on this law include Eric Kearney; Tyrone Yates (now of the Hamilton County Municipal Court); Connie Pillich; and Bill Seitz.

The Enquirer's coverage of the law (which I read only after drafting this post) is here.

Root, Root, Root for the Reds Team

Today marks the Opening Day for the Cincinnati Reds. You will not find a better tradition of community in Professional Sports in the Country. People from across the city, country, and entire tri-state area come together to celebrate. Yes, we drink too much and eat too much, but that's what makes it a celebration! What makes it community is that everyone (most everyone) no matter what the political bent or affiliation, shares the same focus, even for just one day.

No matter who is in the line-up, on this day fans have at least some hope for a good season. What I really wish they would hope for is to have fun at the games. Like the song says, sure, it's a shame if they don't win, but it's a game. Games are meant to be fun. Enjoy it, whether you sitting in the outfield bleacher seats or along the third base side in a luxury box. Have a couple of beers, eat a brat or pretzel. Have some Cracker-Jack and have a good time! Baseball is a game best watched with friends. It is the most social of all sports for fans. You can have the best conversations in between pitches. Don't waste those great moments worrying about trade deadlines or endorsement deals.

Baseball is poetry. It has the drama of life: the anticipation, the long drawn out periods of monotony and tedium, but then has excitement that happens in a flash that is worth the time, no matter where your seats are.

Unlike other sports where you are put into a meat-grinder of intensity, Baseball has grace. Most importantly, Baseball illustrates America's core principle, the Individual and the Team both matter. Neither can exist in the game with out the other. In other words: E pluribus unum, Out of many, One.

We all live here. We need to find some common ground. How about a ball game?