Cole Case Also Shows Dual Justice System

You've heard by now that Cincinnati councilmember Laketa Cole was recently involved in a traffic stop while riding her motorcycle and that during the stop, she contacted the City Manager and an assistant chief of police regarding the conduct of the police officers' who were issuing her and her companion tickets.  The media has insinuated that Cole abused her position in making these calls.

I'll accept as true the statements by Cole and Milton Dohoney that Cole sought no favors during her phone calls.  She got a ticket and her companion's motorcycle was impounded (and he was cited for a first-degree misdemeanor traffic offense).  I'll accept that Cole did not attempt in any way to improve her position or avoid a ticket.  But the case still illustrates that there's two justice systems:  one for a very small percentage with some sort of admission ticket to it, and one for the rest of us.

Being stopped by the police, even for a traffic offense, makes many people quite nervous.  A lot of people, armed with cell phones, will call someone during the stop.  Usually, though, it's family or friends.  Some will even call an attorney.  Cole, though, is lucky.  She's part of Cincinnati's power structure, and had other members of the power structure on speed dial.

Sure, the average citizen could dial 411 during a stop, get the number to City Hall, and try to get the City Manager, an assistant chief, or even the mayor on the line to talk about what was happening.  But would their call be taken at the particular moment?  Probably not.  Once again, we see that people with money or power (and my sense is that Cole primarily has the latter) are able to access resources unavailable to the rest of us.  Cole wanted to make sure officers called the right kind of tow truck to haul away her friend's motorcycle (other than with a flatbed, how can you tow a crotch rocket?).  She made a call to make sure that happened.  It was a natural reaction.  But the rest of us would have simply been at the mercy of police to do their jobs properly (which, quite frankly, they generally do).

Was Cole wrong to make the calls she made that day?  I don't know.  Probably not.  But it's telling that she was able to get attention to which 98 percent of motorists in a similar predicament wouldn't have been entitled.  This isn't about a particular city official or politician, but is instead about our system of government and justice.  Such access should be available to everyone or no one.  I'm not sure how to fix the disparity--or even that it's fixable--but I'm quite sure it's not one we should be proud of.

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.

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.

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.

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.