[BREAKING] Automatic Recount Coming In Hamilton County Juvenile Court Judge Contest: Dem Connie Pillich Keeps District 28 State House Seat

Dem Tracie Hunter Near Upset

CINCINNATI (TDB) -- Provisional ballots have been counted.  They went big for Democrat Tracie Hunter, who now trails Republican John Williams by just 23 votes in the contest for Hamilton County Juvenile Court Judge.  There is going to be an automatic recount triggered under state election law because the results are razor thin.  Hunter could be on the verge of pulling off a major upset.  There were more than 280,000 votes cast in the contest.   State Rep. Connie Pillich has defeated Mike Wilson by 602 votes in the race for House District 28, which covers a swath of northern Cincinnati suburbs.  Wilson was a founder of the Cincinnati Tea Party and ran as the GOP nominee.  Pillich was up by five votes before the provisionals were tallied today.  The final results are Pillich 21,195, Wilson 20,593.  Pillich won a second term and the margin is beyond the requirement for an automatic recount.

But the big surprise is in the judicial contest.  Hunter ran in the primary and defeated the Democratic party's endorsed candidate.  She was largely an unknown.  In the general election, she was up against Williams, a former assistant prosecutor who went on to serve as director of the Hamilton County Board of Elections.  He currently is the No. 2 administrator in the Clerk of Court's office.  Williams was thought to have an edge, in part because he was running in a year when Republicans were riding high; in part because few knew much about Tracie Hunter.  Hunter was down by about 2,800 votes before the provisionals were counted.  Now -- with a 23-vote gap between her and Williams -- there is a strong possibility she could capture a judgeship for the Democrats.

Elections officials said more than 300 provisional ballots were ttossed out over issues involving questions about written signatures versus hand-printed names, voters who got in the wrong lines at polls with more than one voting precinct, and failures to sign on exactly on signature block.  The voters who got in the wrong lines at precincts with multiple polling stations are described as victims of being in the right church but the wrong pew.  Their votes have not been counted.  There is a split in the top ranks of the Hamilton County Dems about those votes -- on the board of elections, Dem Chairman Tim Burke agreed with GOP Chair Alex Triantafilou and GOP board member Chip Gearhardt that they votes were bad under prior court rulings.  Hamilton County Dem Executive Director Caleb Faux wanted the votes counted.  Faux was outvoted 3-1 on the board of elections.    

Those discarded provisional ballots could loom large in the days ahead.  Hunter has retained a lawyer, Jennifer Branch, for the mandatory recount.  Don't be surprised if her campaign pushes to have some of the disqualified provisional ballots put back into the mix.  Williams is certain to make his own legal case that they are junk.

Pastor Rod Parsley's World Harvest Church Wrangling With Cincinnati Bank: Fifth Third Won't Take Back Church's $5.8 Million Jet

  

Stock Photo Of Gulfstream Jet

CINCINNATI (TDB) -- The dispute has been flying under the radar.  World Harvest Church said it has paid off its five-year lease and wants to return a Gulfstream G-III private jet.  But the bank in Cincinnati doesn't seem to want the plane, which is listed with a $5.8 million lessor's cost.  A lawsuit filed in Hamilton County Common Pleas Court by the mega-church near Columbus says:  "Despite the church's return of the leased aircraft in full compliance with the terms of the Aircraft Lease Agreement, the Bank has arbitrarily, unreasonably, and in breach of the Aircraft Lease Agreement, refused to accept the return of the leased aircraft."

The church is located in Canal Winchester in Franklin County.  Senior Pastor Rod Parsley is an evangelist, television host and author.  He also has been involved in GOP politics and in 2008 endorsed John McCain's campaign for president.  He withdrew the endorsement after McCain rejected it and criticized Parsley for saying that Islam was a false religion that needed to be destroyed.  Court records show the church leased the plane in August 2005.  It put $900,000 down and made 59 monthly payments of $26,832.05.  That means World Harvest Church spent $2.48 million to lease the jet,  which has been based in a hangar at Rickenbacker Airport.  There is nothing in the court files that shows why the church needed the jet in the first place.  Parsley's church said it is spending substantial amounts of money to keep the Gulfstream jet in flying condition since the lease expired in August.  It wants a court order that would force the bank to take the plane off its hands:

"As a consequence of the Bank's breach of the Aircraft Lease Agreement, the Church has incurred and will continue to incur substantial monetary damages related to preserving and protecting the condition of the leased aircraft, including maintaining the aircraft in a flight ready status and current with the manfacturers' and FAA's standards of maintenance and other necessary and related expenses, all of which expenses are the Bank's obligations as the owner upon return of the leased aircraft . . ."

From Wikipedia, you can learn about Parsley.  The online encyclopedia also has the following information about Gulfstream G-III jets:

General characteristics

• Crew: Two or three
• Capacity: 19 passengers (standard seating)
• Length: 83 ft 1 in (25.32 m)
• Wingspan: 77 ft 10 in (23.72 m)
• Height: 24 ft 4½ in (7.43 m)
• Wing area: 934.6 sq ft (86.83 m²)
• Aspect ratio: 6.0:1
• Empty weight: 38,000 lb (17,236 kg)
• Max takeoff weight: 69,700 lb (31,615 kg)
• Powerplant: 2× Rolls-Royce Spey RB.163 Mk 511-8 Turbofan, 11,400 lbf (50.7 kN) each

Performance

• Maximum speed: 576 mph (501 knots, 928 km/h) (max cruise)
• Cruise speed: 508 mph (442 knots, 818 km/h) (long range cruise)
• Stall speed: 121 mph (105 knots, 194 km/h)
• Range: 4,200 mi (3,650 nmi, 6,760 km) (eight passengers, IFR reserves)
• Service ceiling: 45,000 ft (13,716 m)
• Rate of climb: 3,800 ft/min (19.3 m/s)

Republican Cincinnati Councilman Charlie Winburn: Pocketing $$$ That 'Could Be Illegal'

Refunds From City Council Members



 CINCINNATI (TDB) -- Fifteen months ago, Charlie Winburn was running for a seat on city council and said he had uncovered chicanery at City Hall.   Sitting council members were receiving health care insurance and pension fund contributions that he called "unauthorized benefits received through current budget expenditures."  And their salaries were too high.  Republican candidate Winburn was blowing the whistle on the scam.  He issued an Aug. 25, 2009 press release under this headline:  "Winburn calls upon city council to give up questionable taxpayer funded health and pension benefits."   The move would save $400,000 and end a practice that Winburn said "could be illegal."   



Fast forward to today.  Winburn appears to be taking the benefits of public office that he deemed improper at best, illegal at worst.  Despite the talk, once in office Winburn never seems to have lifted a finger to halt practices he denounced as possibly illegal.  Of course, it could be that his complaints were a scam, an effort to make something out of nothing.  In fact, he now seems to be sharing in the loot -- or what he considered loot when he was on the outside.  And though he has the option of refunding his paycheck to the city, he doesn't seem to have given much back.  Winburn appears to personify an old proverb:  Talk is cheap.      

Winburn could use the city's voluntary refund option to return all, or part, of his $60,650 annual council salary to the city.  Records (up to date through 11/18, see accompanying chart) show he returned $1,400 last January.  The same City Hall finance and accounting records show Democratic Mayor Mark Mallory refunds $165.87 out of each paycheck; Vice Mayor Roxanne Qualls, another Dem, returns $96.82 biweekly, and Councilman Cecil Thomas, also a Dem, gives back $50 from each paycheck.  Republican Leslie Ghiz refunded $132.80 last January.  Refunds from the three Democrats total $5,941.11 so far this year.  Together, the two Republicans have refunded $1,532.80. 

Both Winburn and Ghiz have complained that council's pay package is too much -- yet they haven't shown much interest in voluntarily rebating sums they consider excess.  Winburn in particular was opposed to the salary, health insurance and pension contributions benefits for council members, whom he described as part-time workers.  He said council members got a full-time salary for a part-time job.  From his press release 15 months ago (when he was running for office):

"Current city policy for part time employees who work less than 30 hours per week does not provide health care benefits.  This decision to cut benefits would put all part time employees, including council members, on the same playing field as it applies to health care benefits.

"Winburn said Councilwoman Ghiz's (she, too. was running for office at the time) proposal to cut council pay is a good start but doesn't go far enough in reforming the total council compensation package for city council members . . ."

Winburn said any savings should go to prevent the layoffs of fire and police.  Now it looks like it was all talk.  Winburn, who complained last week that the city misspent $5,000 on a streetcar display on Fountain Square, is silent about his own complicity this year in activities he labeled possible misfeasance last year.  After all, it was he who said council's payroll package "could be illegal."  Meanwhile, he hasn't noted that the money refunded by the mayor, Qualls and Thomas exceeds the cost of the streetcar display.  And city officials who handle Cincinnati's payroll and budgeting say they haven't heard very much this year from Winburn about cutting his own salary, or reducing benefits packages.

Chris Bigham, superintendent of accounts and auditing over payroll at City Hall, said Winburn has taken the full amount of every council paycheck since January:  "I have not heard one word from him about refunds or anything like that.  He did make a donation earlier this year."

Budget Director Lea Eriksen said she has no memory of Winburn contacting her about reducing his council salary and benefits.   "No, he's not brought that up to me,'' Eriksen told The Daily Bellwwether.  "I follow Council items closely.  If he would have done anything, I would have seen it."

So what could Winburn voluntarily cut from his own pocket?  Here's the list of things that he wanted slashed:  $65,670 in salary; $9,198 annual pension benefits; $5,000-$8,000 annual health benefits.  He said council's compensation package was "$83,268 approximate total of annual compensation."   And in Winburn's world every penny was "questionable" and "could be illegal" and "misinterpretation of what they are entitled to under the term 'compensation.'"

[UPDATE: 4:55 pm -- Winburn copied The Daily Bellwether on an e-mail he sent out today that explains why he's taking city benefits:  "Regarding your inquiry, I based my original question upon a plain reading of the Cincinnati City Charter. We asked and the city administration answered. They determined that the benefits paid for council members were considered compensation and were not a violation of the Charter. When I joined Cincinnati City Council in December, 2009, I opted out of the City-provided benefits because I was covered under another plan. I was subsequently told by the City that I could not opt out of their plan and was required to be covered. If you can provide any further information to me on whether these benefits are illegal, please let me know so that I can opt out altogether."]

Former Enquirer Publisher Bill Keating Looking To End Gannett Stock Lawsuit? $1.3 Million Settlement Deal On Table

Keating Case Settlement Talks

CINCINNATI (TDB) -- A two-week old court filing in Cincinnati discloses that Bill Keating's lawyers said they would accept $1.3 million to settle the retired Gannett Co. Inc. newspaper exec's lawsuit against his investment advisers.  Keating contends a $20 million investment portfolio was mismanaged.  He and his wife, Nancy, lost $6 million on holdings in Gannett (43,558 shares) and Fifth Third Bank (225,000 shares).  Settlement discussions with a private mediator have taken place.  They failed.  But with the case heading for December 8 trial there is a good chance the talks will be revived under court supervision.  The court filing says:  "The parties engaged a mediator and conducted a partial day of mediation to no avail.  More recently Defendants increased their offer to $500,000 and Plaintiffs reduced their demand to $1,300,000."  That indicates there was movement.

The defense contends Keating was sophisticated about business and investing and should have known that investors can lose money, as well as make money, in stocks.  The trend line is not always up:   "Plaintiffs took on the risk inherent in the market when they invested the portfolios in securities."  Keating is a former GOP congressman from Cincinnati who ran Gannett's newspaper operations in Detroit and Cincinnati.  He was chairman of the Associated Press from 1987-1992.  He was vice president and general counsel of Gannett.  Keating claims he ordered his investment advisers at Sena Weller Rohs and Williams LLC in Cincinnati to aggressively liquidate his stakes in the Gannett media chain and the bank.  He said he wanted a diversified investment portfolio.  He says his orders were not followed.  Keating had served on Fifth Third's board of directors.  The investment advisers said Keating never gave orders to liquidate and reinvest.  In the pre-trial statement filed with Hamilton County Common Pleas Judge Jerome J. Metz Jr., -- the same document that disclosed the settlement offer -- Keating's investment advisers describe the lawsuit as a case of sour grapes that grew out of Wall Street's sharp declines.  The defense lawyers pointed out that all securities markets got clobbered by the same percentages that Keating got clobbered:

"The evidence will show that Plaintiffs received and reviewed monthly statements, quarterly statements and dozens of letters regarding their portfolio.  Since they did not object then, they cannot do so now.  Plaintiffs can prove no damages.  During the period of their relationship all securities markets declined between 40% and 50%, the same amount that the portfolios declined.  Even though Plaintiffs have not alleged a conversion, they argue that a conversion measure of damages, or the New York Rule should be used.  If the proper measure of damages is used Plaintiffs have none, since they are in essentially the same position they would have been in had they received what they now claim they wanted."

Asian Indian University of Cincinnati Prof With 29 Patents Feuds With School: Says Reputation, Research Efforts 'Sabotaged'

Prof. Dharma Agrawal

CINCINNATI (TDB) -- Computer science professor Dharma Agrawal was recruited from North Carolina in the late 1990s and was given tenure and the title Ohio Board of Regents distinguished professor. He was considered a world class researcher. Agrawal -- a naturalized U.S. citizen who emigrated from India in 1976 -- now is claiming his research funds have been taken away because he's not American born.  His lawsuit claims violations of academic freedom, due processs and discrimination against him because of race and skin color. The lawsuit was originally filed in Hamilton County Common Pleas Court last month, but has been moved to U.S. District Court in Cincinnati. University of Cincinnati lawyers said the suit raises federal civil rights issues. The move to federal court suggest the school plans a vigorous defense.

Agrawal contends that Carlo Montemagno, dean of the college of engineering and applied science, and John g. Bryan, interim vice provost for academic personnel, have harassed him and disrupted his research efforts since 2006. He said the school has wrongly accused him of exploiting students and leveled unproven accusations that he forced foreign students with F-1 visas to work on proposals for his private company. For a time, he said he was suspended and banned from appearing at the college. Agrawal's lawsuit said he was the victim of a sham investigation:

"Dean Montemamgno claimed to have conducted an investigation that substantiated the allegations; but in fact no report of such investigation has been found and apparently none was actually conducted and the Dean had no legitimate reason to have brought such allegations and proposed discipline. Rather, Dean Montemagno had deliberately brought the charges to destroy the reputation of the plaintiff, and to induce him to leave the University." 

Agrawal is an expert in the field of wireless systems. He claims there is a campaign under way to disrupt his research. Agrawal originally was brought to Ohio -- along with several others recruited to the state's 13 campuses -- in a bid to stimulate the state's economy by boosting research efforts across the state university system. Regents professors were funded by the state because they had earned national recognition for their work and excelled as scholars. But Agrawal said it went off the tracks at the University of Cincinnati:

" . . . Plaintiff was intentionally discriminated against by defendants because of his non-white race and color and because of his Indian national origin and Indian ancestry. Had Professor Agrawal been treated equally with white professors or American-born professors at the University of Cincinnati, there would have been no attempt to discipline him as was attempted, nor would his graduate faculty rights have been suspended."

Agrawal wants $500,000 in punitive damages, attorney fees, an injunction and reinstatement of nearly $400,000 in Ohio Board of Regents research funds that were stripped from his control.

Scripps Signs Deal To Keep ABC Network On Channel 9, WCPO-TV: Dancing With The Stars Won't Disappear In Cincinnati

Scripps Exec Hails 'Quality' Programming

CINCINNATI (TDB) -- The deal means WCPO-TV remains an ABC network affiliate through January 2015.  You can still watch Cougar Town, The View  and Jimmy Kimmel on the broadcast station, whose call letters conjure up memories of the defunct E.W. Scripps Co. newspaper The Cincinnati Post (CPO).  When Al Schottelkotte ruled the roost with his news shows, Channel 9 was a CBS affiliate.  Scripps' stations in Cleveland (the nation's 18th biggest broadcast market), Detroit (11), Tampa (14), Phoenix (12) and Baltimore (27) are also going to stay with ABC, which is owned by Disney.  Former P&G CEO John Pepper -- a resident of Cincinnati's suburbs and father of Hamilton County Commissioner David Pepper -- is Disney's chairman.  Wonder if he watches Channel 9 much these days?  Pepper strikes most people as a PBS person.  It's hard to imagine him grabbing a cold one and catching the latest episode of Desperate Housewives on the local affiliate.

At 33, Cincinnati is the smallest broadcast market in the deal.  Together, the six Scripps television stations cover about 8% of U.S. households.  Scripps will pay a license fee to carry ABC's shows -- the amount of the fee has not yet been disclosed.  Said Scripps Sr. VP Brian Lawlor:  "I'm pleased that we're able to continue the productive relationship we've had with ABC for many years.  This new agreement reflects our shared belief in the power of a high-quality national programming provider combined with local affiliates that have trusted news brands and strong influence in their communities."

So what's the network's top show?  That "high-quality programming" called Dancing With The Stars.  Nielsen had it No. 1 among  all shows on all four networks earlier this month, with nearly 20 million viewers.

State Investment Portfolio Performing Horribly In Ohio: 85% Below Estimate In Latest Monthly Report

Investment Earnings Way Off Estimates

CINCINNATI (TDB) -- On any given day, the State of Ohio's general fund has about $5.6 billion stashed away in various investments, including certificates of deposit and various funds that are supposed to produce revenue.  It's like a piggybank run by experts.  The earnings generated from the investments are budgeted and pay to run the state government; they go to schools and colleges, to pay state troopers and prison guards, to the people who build roads and drive salt trucks.  But the earnings estimates are wildly incorrect as the state fiscal year begins -- last month they were off the mark by 84.7%.  Incompetence or an unreliable investment market?  Nobody is talking yet about the busted numbers.  In October, the state made $3.142 million -- it expected to earn $20.5 million.  It was a $17.4 million shortfall.  That might be the biggest miss in recent history, a whiff of epic proportions.  The monthly financial report issued last week by Ohio's Office of Budget and Management generally had good news about state finances. It said October was a month of "slow, but positive economic progress."

But the investment earnings report was decidedly dismal.  It is not clear who prepared the projections that are based upon the performance of the state treasurer's office.  Democrat Kevin Boyce -- the current treasurer -- was defeated Nov. 5 and leaves office in January.  Republican Josh Mandel takes over.  Mandel has his work cut out.  He has to prove that he can do any better investing state funds, and he has to prove he can forecast earnings accurately.  Tall orders.  The investment earnings aren't the biggest revenue producer for the state -- but they are supposed to bring in more than liquor sales ($7.8 million) and utility taxes ($16.3 million).  How bad are the investment earnings?  In October 2009, the state made $11.54 million.  That was 72% ($8.4 million) better than last month.

Comparative data for investment earnings from other states is hard to track down -- not everybody is as transparent as Ohio, nor do they keep records in the same fashion.  Neighboring Indiana reports interest income and it earned $200,000 --down 78.8% from a year earlier.  Its state budget agency report did not show any estimates for Indiana (or at least The Daily Bellwether could not locate them).  In Ohio, there are certainly questions to ask about the investment earnings estimates and how they were derived, where they came from, who made the overly sunny forecast?  Did somebody get paid, an outside consultant, to predict that Ohio would earn $20,500,000 on its investments?  Maybe the state needs to get a refund . . .

Duke Energy Claims Cincinnati Taxes Too High: Meanwhile, CEO's Benefits Included $363,573 For 'Personal Use' Of Company Aircraft



Time To Park Duke Energy's Aircraft?

 CINCINNATI (TDB) -- Duke Energy -- whose Cincinnati-area customers pay some of the state's highest electric rates -- is fighting to lower its property tax bills by $40 million across SW Ohio.  Meanwhile, its CEO's compensation package rose to $6.93 million, including what the most recent proxy statement calls $363,573 for "personal use of airplane."  Two other execs got $28,305 for personal use of the plane.  While the utility contends local taxes are too high, the high life seems to go on.  Or maybe the high-flying travel habits of the corporate brass are landing hard on the taxpayers.  Duke's corporate policy requires CEO James E. Rogers to fly on company aircraft for business purposes.  It's all about security, the company says.  But Rogers also gets to use the plane as a perk on private trips.  He can also hop aboard for flights to boards of directors meetings at companies like Fifth Third Bank, where he sat as a director until recently.  Duke's policy looks to fly in the face of the example being set by House Speaker-designate John Boehner, one of the utility's 1.6 million Ohio residential customers.  Boehner said last week he's going to fly on commercial airlines between DC and his SW Ohio home in Cincinnati's northern suburbs.  He won't be using the government aircraft that Nancy Pelosi -- and before her, Dennis Hastert -- used to shuttle House Speaker's around the country.  Republican Boehner will be third in line for the presidency, but he said commercial airliners are safe enough to outweigh any and all security concerns.  Said Boehner:

"I've talked to our security folks about the security involved in my new role.  Over the last 20 years I've flown back and forth to my district on commercial aircraft and will continue to do that."

Duke Energy sees things differently.  The 8-K on file with the Securities and Exchange Commission discloses that the Charlotte, N.C.-based gas and electricity utility is worried about security for its CEO James E. Rogers.  Here's what it says:

"For security reasons, Mr. Rogers is required by the Company to use the Company's aircraft, whenever feasible, for his business travel.  Mr. Rogers is also permitted to use the Company's aircraft for personal travel within North America; however, Mr. Rogers will be required to pay for the cost of personal travel on the Company's aircraft in accordance with the Company's policies, except he is not required to pay for the cost of travel to his annual examination or to meetings of the board of directors to other companies on whose board Mr. Rogers serves.  Mr. Rogers is responsible for any income taxes  resulting from such aircraft usage.  However, to the extent Mr. Rogers incurs expenses associated with his spouse accompanying him on business travel, Mr. Rogers is entitled to reimbursement for those expenses, including payment of a tax gross-up."

The proxy statement includes details that show Rogers got $363,573 in 2009 in "other compensation" for personal use of Duke Energy's aircraft.  [The 2010 data isn't out yet.]  That other compensation comes from the IRS determining that the trips are imputed income.  Imputed income isn't cash, it's often a benefit that isn't paid in cash.  A footnote on page 71 of Duke's proxy statement says:  "Officers are permitted to invite their spouse or other guests to accompany them on business trips when space is available; however, in such events the officer is impute income in accordance with IRS guidelines.  The additional cost . . . is the amount of the IRS-specified tax deduction disallowance, if any, plus any additional carbon credits purchases with respect to the executive officers personal travel."

Meanwhile, Janine Migden-Ostrander, Ohio's consumers counsel, has noted that Duke's residential electric rates are about the highest in the state.  She said the company should refund some of the proceeds from the $40 million tax battle -- but only if Duke succeeds.  Rogers use of the plane, so far, has not been a public issue.   Here's Midgen-Ostrander on Duke's rates for consumers:

"If Duke Energy presses forward to reduce its property taxes paid to schools and local governments, the utility should be required to refund to customers any portion of the taxes that are currently included in its rates. My office - as the residential utility consumer advocate - will take appropriate measures to argue that these refunds occur. At this time, Duke's residential electric rates are among the highest in the state, surpassing those high rates paid in northern Ohio. With residential consumers continuing to struggle and stretch their budgets, a break for customers is only fair if Duke should persist with its plan to reduce its property taxes."

Hey Cincinnati! Can You Pass The Latest U.S. Immigration Service Citizenship Test

CINCINNATI (TDB) -- Click here to see sample questions that immigrants must answer to obtain U.S. citizenship.  If you were born in the USA, you get the rights and privileges automatically.  If you were born in another country, immigrate legally, and want to acquire those rights and privileges, you have to earn them by showing you know something about how our government works.  Take the test and see if you can pass.  Even if you fail, you won't have to pack your bags -- though you should be deeply embarrassed. The sample test includes 100 actual questions that could be asked by U.S. Citizenship and Immigration Services, a branch of the Department of Homeland Security.  When the test is given, 10 questions are asked.  A passing score is 6 of 10 correct.  Try these on for size: 

Naturalization Self Test

Who makes federal laws?

the Supreme Court
the President
Congress
the states

The House of Representatives has how many voting members?
one hundred (100)
two hundred (200)
four hundred thirty-five (435)
four hundred forty-one (441)

In what month do we vote for President?
January
February
October
November

What is the name of the national anthem?
God Bless the U.S.A.
The Star-Spangled Banner
My Country Tis of Thee
America the Beautiful

What is one responsibility that is only for United States citizens?
obey the law
pay taxes
serve on a jury
be respectful of others

Name two national U.S. holidays.
Valentine's Day and Presidents' Day
April Fool's Day and Labor Day
Labor Day and Thanksgiving
Citizenship Day and Columbus Day

Who did the United States fight in World War II?
Austria-Hungary, Japan, and Germany
the Soviet Union, Germany, and Italy
Japan, Germany, and Italy
Japan, China, and Vietnam

When was the Declaration of Independence adopted?
December 7, 1787
July 4, 1789
July 4, 1776
March 4, 1789

Cincinnati Grabs Stake In High-Tech Startup From Tennessee: $2 Mil In Venture Cap Funds Lures New Biz To City

CINCINNATI (TDB) -- The company is called Nanodetection Technology, or NDT. It has invented a system for quickly detecting pathogens, DNA and other biomarkers. Investors who put up the $2 million include CincyTech, which has a $250,000 stake.  CincyTech said NDT's sensors could be used in emergency rooms and doctor's offices to diagnose infections in minutes rather than days.  The technology also has potential in spotting threats from terrorists, who may use bio-weapons like anthrax or other diseases in efforts to attack U.S. cities.  Here's what NDT says it does:

"NanoDetection Technology is an early entrant into the diagnostic segment of biochip sensor technology. While the term ‘biochip’ has come to mean many different things, biochips typically combine integrated circuitry and genomic technologies for basic biological research, drug research and disease diagnosis. NanoDetection’s ‘biochip’ is a patented microchip biosensor, based on multiple phototransistor integrated circuits, that detects light (e.g. fluorescence or luminescence) emitted as a result of a chemical reaction caused by DNA hybridization or an antibody/antigen pairing. Unlike historical advances in the diagnostic device sector where new technology simply automates or upgrades conventional methodologies, biochip devices will make obsolete the traditional diagnostic protocol and allow for nearly real-time detection. 

"As the overwhelming majority of public biochip companies focus on the biological research and drug research market, NanoDetection is one of the first few companies to leverage this technology for diagnostic purposes in veterinary diagnostics, bioterrorism and food safety. NanoDetection’s initial markets enable lower technology development and refinement costs because of easy access to biological samples and lower regulatory hurdles and oversight."

The company has been in Oak Ridge.  With the $2 million, NDT plans to finish clinical trials and hopes to lauch its product in the health-care market by 2013.  It is looking for lab space in Cincinnati.  CincyTech invests in startup business in bioscience, information technology and advanced manufacturing.  It is financially supported by Ohio's Third Frontier, foundations and corporate grants.  The goal is to grow the regional economy and jobs market.

Mississippi BBQ Critic Has Hissy Over Montgomery Inn Ribs: 'There Were Simply No Redeeming Qualities'

Cheap Shot From Mississippi

CINCINNATI (TDB) -- The Cynical Cook -- who seems to be a barbecue snob from a state where some people consider grits a delicacy and wrestling real -- passed through Cincinnati earlier this month.  In the wake of that brief visit, there are unkind words appearing about the way the Montgomery Inn prepares its pork ribs; the beloved local institution is described as serving really awful food.  According to the Cynical Cook: "These ribs weren't just different, they were bad . . . there were simply no redeeming qualities."  This is a cheap shot.   The ribs at the Montgomery Inn aren't supposed to be smokehouse-style prepped in a cinderblock shack on the edge of a backwoods cypress swamp.  They are big city.  They are supposed to fall off the bones and be gobbled up by folks who have a good time in a clean, friendly atmosphere where you eat with pals, family members, business associates.  The service is excellent and the hosts -- the Gregory family -- are public minded citizens.  And yes, even those from the South can fall in love with the place. 

Here's the deal about BBQ snobs (and The Daily Bellwether has entered several Kansas City Barbecue Society smoked meat contests and done reasonably well), they think all ribs should be slowly smoked for hours over a hardwood fire.  They just can't get it through their skulls that many people enjoy ribs period.  They like pulling a bone from a slab.  They like chomping down on the meat.  You don't have to wear a suit and silk underwear for a fine dining experience.  Ribs are about chewing, greasy lips, putting aside the silverware.  The Montgomery Inn is great because the ribs let people put aside the silverware.  They come in droves, and have for a couple generations.  They come for dates, anniversaries, First Communions, retirement parties, birthdays, all sorts of celebrations.  When one of my sons took the oath of office to become an Air Force officer, we headed off to the Montgomery Inn to celebrate his decision to serve the nation.  It's that kind of place.  I don't think an out-of-town food critic -- and I certainly think the Cynical Cook certainly is talented -- can grasp the Montgomery Inn's place in this town's psyche.

Now, one of the best BBQ restaurants in the world -- in The Daily Bellwether's opinion -- is on U.S. 45 near Columbus, Miss.  It is called Hank's, and it is absolutely unpretentious.  The food comes on paper plates.  Beans, coleslaw and potato salad are the side orders.  There is no alcohol available.  The parking lot is unpaved.  The inside is simple -- Elvis kitsch and etc.  There is a smoker out back and the meats that come out of it are to die for.  All that said, Hank's just ain't the Montgomery Inn.  It is a cinder block hole in the wall in a small town.  Great food, but you wouldn't head there to celebrate grandma's 90th or cousin Nelda getting a PhD.  Here's some of what the Cynical Cook had to say about the Montgomery Inn:

"I know that some people say that the Montgomery Inn never claimed their ribs are barbecued, but that’s how they are labeled on the menu. I had tried to go in with an open mind. I tried to tell myself that these ribs would be different. These ribs weren’t just different, they were bad. I barely ate a third of the rack, there were simply no redeeming qualities.

"Famous for their ribs, Montgomery Inn is a Cincinnati institution, but I have no idea why. Scrolling through chowhound, urban spoon, practically every food site, I kept seeing comments about ribs boiled to oblivion. I have no problem with ribs that are not cooked in a smoker, but there’s just something evil about boiling ribs."

Whistleblower Publisher Jim Schifrin Has ACLU Sparkplug As Defense Lawyer: Scott Greenwood To Battle Libel Charge

[UPDATE: 11/16 -- The ACLU confirms it is on the case. It calls Schifrin a citizen journalist and will make that argument in court.]

ACLU Rides To Schifrin's Rescue



CINCINNATI (TDB) -- Before this week is out, the ACLU itself is likely to enter the case and defend Jim Schifrin against a defamation lawsuit filed in Hamilton County by Kentucky lawyer Eric Deters.   ACLU board member Scott Greenwood -- a constitutional and civil liberties attorney in Cincinnati -- has already signed on as Schifrin's defense lawyer, court records show.  Greenwood listed himself as trial counsel in late October.  Schifrin's formal answer to the lawsuit is due Tuesday, Nov. 16.  Greenwood is high cotton, and the fact that he has come to the aid of Schifrin -- whose daily e-newsletter features gossip, political sniping, press bashing, other assorted peccadilloes, and tidbits of news among all those things and more -- will fashion the dispute into an argument about free speech, a free press and First Amendment rights.  The ACLU and its lawyers have a long history of opposing anything they see as censorship.  Schifrin has plenty of critics in Cincinnati -- but he's also an idiosyncratic voice.  He says things out loud in his newsletter that many Cincinnatians whisper about in private.  Click here to visit Greenwood's website. He helped steer the federal civil rights case that led to reforms in the Cincinnati police department earlier this decade. That litigation helped end the department's longstanding reputation for violence against African American males. Here's a sample of Greenwood's biography:

"Scott Greenwood is a nationally known constitutional rights and civil liberties lawyer. Greenwood has been an outspoken advocate for First Amendment rights and police practices reform, particularly with use of force policies. He has been consistently listed by his colleagues in The Best Lawyers in America for fifteen years, in Ohio Superlawyers, and was named Ohio Lawyer of the Year 2003 by Lawyer’s Weekly. His practice focuses on complex and constitutional litigation in the federal courts. Greenwood lectures widely on constitutional rights, civil liberties, and complex litigation. He has served as general counsel to the national ACLU since 2006, and is the ACLU of Ohio Board of Directors national board representative."

Deters claims Schifrin slimed him in August by publishing an item in the Whistleblower that alleged hanky panky, or something close to hanky panky with a former client.  Here's how Deters' lawsuit  described the item that got under his skin:

"On or about August 13, 2010, Defendant posted and published on the Whistleblower, with malicious intent, an article under the title 'Bluegrass Betrothals' which claimed that Plaintiff had given his former client and current employee, Nicole Howell, a 'promise ring' while Plaintiff's 'impending divorce isn't even filed, much less final.'  All of his is completely false."

Cincinnati Tea Party Founder Mike Wilson Sues Over Election Results: Aims To Block Vote Counting In African American Precincts

  [UPDATE: Pillich calls the lawsuit an attempt to subvert the voting and elections process.  See below.  Judge Winkler won't intervene.  Provisional ballots have not yet been counted.  Wilson still trails by five votes.]

Vote Fraud In Lincoln Heights?

 CINCINNATI (TDB) -- Mike Wilson's lawsuit contends there is evidence of possible vote fraud in three precincts in Lincoln Heights, a predominantly African American city in Cincinnati's northern suburbs.  At the moment, Wilson trails State Rep. Connie Pillich, a Democrat, by five votes in the contest for a seat in the Ohio House (District 28).  Wilson ran as a Republican.  There are 1,456 provisional ballots yet to be counted, and Wilson wants a restraining order that would stop them from being tallied.   The Hamilton County Board of Elections was scheduled to count the provisionals this week, an action that would determine whether Pillich or Wilson wins the House seat in Ohio's state legislature.  Court records show Hamilton County Common Pleas Judge Bob Winkler scheduled an emergency hearing --- it will be held Nov. 16 at 9 a.m. in the courthouse.  The lawsuit is Case No. A-1010404.  Wilson's lawyers said in the complaint that 9% of all provisional ballots cast in the House race were in Lincoln Heights.

"Upon information and belief, most of the provisional ballots cast in the Lincoln Heights Precincts are invalid and should not be counted, which may change the results of the election for the 28th Ohio House District in light of the narrow 5-vote margin which currently exists.  Upon information and belief, the Lincoln Heights Precincts have suffered a significant population decrease during the last several years.  As reflected by the photographs attached as Exhibit A, hundreds of residential units in the Lincoln Heights Precincts were abandoned, condemned, or leveled."

Wilson contends that Lincoln Heights  traditionally votes Democratic.  He said his campaign has obtained the names of "at least 34 voters who moved, many of whom cast clearly ineligible votes."  Of the vote total on Election Day Nov. 2, Wilson received just 22 votes of the 984 cast in Lincoln Heights.  It was not Tea Party or GOP territory.  Said Wilson's lawsuit:  "Without intervention by this Court, relators will be irreparably harmed by being prevented from challenging and ascertaining the validity of the provisional ballots, because those ballots will be intermingled in the regular ballots and the 'envelope' information necessary to verify those ballots eligibility will be lost."

Lawyers at Dinsmore & Shohl LLP, a downtown Cincinnati law firm, are representing Wilson and his campaign manager, Maggi Cook, who joined him in the lawsuit.  There is a twist in the case because Hamilton County GOP Chairman Alex M. Triantafilou -- who turns out to be a member of the law firm's litigation department -- is also the chairman of the Hamilton County Board of Elections.  That means Triantafilou's law firm is suing the panel he heads.  And that poses a potential conflict of interest.  It will be interesting to see how Triantafilou handles the issue -- perhaps he will have to sit things out.

[UPDATE: 4:12 pm -- Word has just reached The Daily Bellwether that Republican Chairman Triantafilou has recused himself.  He will not participate in board of elections discussions or decisions about vote counting in the Ohio House contest between Wilson and Pillich.  His departure is a blow to Wilson because that means the Democrats have a 2-1 edge on the board, and their majority can control how all decisions are made.  Some Republicans are openly wondering why lawyers associated with Triantafilou are representing Wilson in a case involving the board of elections.  They said it looked like a tactical error because it has the effect of knocking an important Republican figure out of action.]

[UPDATE: 11/16/10, 8:07 am -- Pillich tells The Daily  Bellwether she has hired counsel and will fight to make sure "all the votes are counted."  She also openly wonders if Wilson has ever been to Lincoln Heights.  Here's the latest from Pillich:

 "The support for their motion is rather thin:  a lot of people had moved.  (Um … that is probably why they cast provisional votes.)  It is truly disappointing that such specious arguments are being used to subvert the voting and elections process.  I do have to wonder:  has Mike Wilson ever been to Lincoln Heights?  Has he seen all of the homes that are boarded up and foreclosed upon?  Did he not notice that Valley Homes has been condemned and the Health Department has ordered residents to vacate?  Did he miss the new construction and upgrades going on?  Is he unaware of the number of people who live in poverty?  Is he aware of the low employment rate among African Americans in our community?

"The initial hearing on the lawsuit is Tuesday morning at 9 am, in Judge Robert Winkler’s court room at the Hamilton County Court House.  I will attend, and I have hired legal counsel to represent me.  Uriah is going to stay on as my campaign manager through this entire process, until all of the votes are counted."]

Hamilton County Judge Nadine Allen Victim of Cincinnati Newspaper Smear: Enquirer Info About Bail Bond Ruling In Dispute

 Newspaper Blames Dem For GOP Scandal

 [UPDATE: Full text of Jugde Nadine Allen's letter to Enquirer Editor Tom Callinan that demands a retraction.  See below.]
CINCINNATI (TDB) -- A Cincinnati Enquirer story Nov. 15 about the unfolding bail bond scandal in the Hamilton County Clerk of Court's Office tries to shift blame for the $2.1 million mess from GOP officials to a Democratic Common Pleas Court judge.  But the newspaper's reporting doesn't appear to stand up when measured against public records easily available in online court filings.  In other words, the Enquirer swallowed hook, line and sinker a Republican contrived effort to discredit Judge Nadine Allen.  The GOP spin looks to have made the Gannet Co. Inc. newspaper so dizzy it fell down on the job.  Judge Nadine Allen intends to hold a press conference today -- which is an unusual move for a judge -- to point out gaping holes in the Cincinnati Enquirer's story.   Here's what The Daily Bellwether has gleaned so far:

The Sunday story by Reporter Kimball Perry said $2.1 million in forfeited bail bonds has been uncollected by the clerk's office.  It said Hamilton County is going to have to refund $105,000 to a bailbonding company because Judge Nadine Allen set aside a forfeiture last month.  The story said the county doesn't have money available to pay back the bonding company.  The story -- and this is really the guts of the slam against Nadine Allen -- reported the $105,000 forfeiture had been distributed to police and prosecutors.  Truth is, that never happened.  Court records show the county had a lien against the bonding firm and the criminal defendant who jumped bail.  The lien represented an unpaid debt that had been on the books for three years.  If the county had distributed the money, there would not be a lien because legal procedure requires the lien to be cancelled when a debt is paid off.  It would be massive incompetence for the clerk's office to maintain liens against people who had cleared their debts.

Here's the Enquirer version with the disputed statements in bold face:

"In 2006, Ismial Salaam was arrested and jailed on drug charges.  A judge set bond at $105,0000.  A bond agent posted that bond.  Salaam was released and told to show up in court.  Instead, he ran.  A judge ordered the $105,000 forfeited on June 12, 2007.  That money was given to the prosecutors and the police department that arrested Salaam.

"Salaam then was arrested in June 2009.  When he was brought to court, his bond agent asked for the return of the $105,000 bond.  Common Pleas Court Judge Nadine Allen agreed on Oct. 6 and ordered the money returned to the bond agent.  'The money's spent,' [Assistant Prosecutor Mike] Florez said.  'I don't know how you're going to get it back.'"

Lien For Bail Bond

However, there is nothing to show the money has been spent.  In fact, the records indicate it was never collected.   You can look at the lien that was pending for three years.  Additionally, The Daily Bellwether has a Nov. 19, 2009 computer printout prepared by the Clerk of Court's office that lists uncollected bail bond liens.  The $105,000 is shown as an open debt.  That means the money wasn't given to the police and prosectuors as the Cincinnati Enquirer reported.  And it means that the Cincinnati Enquirer --  for some reason -- wrongly tried to make Judge Nadine Allen a player in the scandal.

[UPDATE: 2:43 pm -- Judge Nadine Allen has just finished her press conference.  She is demanding a retraction and public apology from the Cincinnati Enquirer.  The lawyer for the bail bonding company, Bradley Hoyt, was present and said that no money had been distributed to the police or prosecutors.  Hoyt said no money had been collected from the bonding company by the clerk of court's office on the forfeited bond, therefore nothing was available to distribute.  Hoyt said he had not been contacted by anyone from the newspaper prior to the story's publication.  He said the portion of the story that referred to Judge Nadine Allen contained inaccurate information.  The judge was drafting a written demand for the retraction.  Her letter was addressed to the Cincinnati Enquirer's editor, Tom Callinan.  In the letter, she says that the newspaper had damaged her reputation as a judge and published information with a "reckless disregard for the truth."   She did not say she was considering legal action, but the wording was stern and could open the doors to a possible defamation claim.]

[UPDATE: 11/16/10, 9:49 AM --  Here's the letter Judge Nadine Allen has sent to Cincinnati Enquirer Editor Tom Callinan that demands a retraction:   

"Tom Callinan

Editor & V.P./Content & Audience Development 

The Enquirer/Cincinnati.Com

312 Elm Street

Cincinnati, OH 45202

"Dear Mr. Callinan,

"I write to you in response to your November 13, 2010 article, “Bond agents owe $2.1M,” reported by Kimball Perry.  I request a public apology and retraction of the clearly false and misleading statements.  The statements have caused damage to my reputation as a Hamilton County Common Pleas Judge. The article contained reckless statements that were made without regard for the truth.

"The article states that, 'A judge ordered the $105,000 bond forfeited on June 12, 2007.'  It goes on to falsely claim, 'That money was given to the prosecutors and the police department that arrested Salaam.'  This claim is false.  No money was ever collected and no money was ever dispersed to the Prosecutor or the police department.

"The article singles me out, stating that, 'Common Pleas Court Judge Nadine Allen [...] ordered the money returned to the bond agent.'   Again, this statement is false.  No money was ever collected and no money was ordered to be returned to the bond agent.

"A simple review of the court records would have revealed that:

·        No cash was deposited with the Clerk of Court by the bond agent, the bond agent’s insurance company, or the defendant;

·        No cash or funds were disbursed to the Prosecutor’s office or the police;

·        Dale Bernhard of the Hamilton County Prosecutors office stated, on the record before Judge Allen, that none of the forfeited bonds had been collected or disbursed.

"The Enquirer’s decision to single out me while not mentioning the other judges that have relieved a bond looks like an effort to smear my good reputation.  Additional research would show that since 2009 at least three other Hamilton County Common Please Judges have relieved this same bond agent and insurance company of bond forfeiture judgments.  I am willing to provide you the name of the other Judges, if you're interested.

"I eagerly await the retraction and a public apology.

"Judge Nadine Allen

"Hamilton County Court of Common Pleas"

So far, there does not appear to be any word from the newspaper about what action, if any, it will take.  I have asked the judge to keep me posted.  Stay tuned.]