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certified grievance
committee will be reviewed to determine whether the grievance alleges a violation of the Ohio Rules of Professional Conduct and/or
Code of Judicial Conduct.
If there is evidence that supports the allegation of a violation, the grievance will be investigated. Following
the investigation, if substantial, credible evidence is found that a violation has occurred, a formal complaint may be filed with the
Board of Commissioners on Grievances and Discipline.
A three-member panel of the Board will review the complaint and determine
whether probable cause exists to certify it. If the complaint is certified by the Board, a hearing may be held before a different threemember panel of the Board. T1e panel considers the evidence and makes a recommendation to the full Board of Commissioners.
The
full Board then makes a recommendation to the Supreme Court of Ohio. The Court has [mal say on whether to discipline an attorney
or judge and what sanction should be administered.
Grievance Form
YOUR NAME:
L\"IN (; 57 () "',
Last
First
MI
Phone No.
4u 0
,I
--------------~-------------------------------------------------------------Street
PERMANENT
ADDRESS:
L..; c, fl.)
City
'I3Co13
County
@OUT
Zip Code
State
L_.
First
Last
or
JUDGE
_
Phone No.
MI
ADDRESS:
_
Street
City
County
Have you filed this grievance with any other agency or bar association?
If yes, provide name ofthat agency and date offiling:
Yes __
Zip Code
State
No
_____ yes
---,-
)(
date:
No
_
Yes
Yes
Type of case:
~No
Yes
Yes
___
No
No
---
Yes
No
No
Have you brought civil or criminal court action against this attorney or judge?
Yes
)c
No
Name and contact information for attorney currently representing you, if different than attorney about whom you are
complaining:
Does this grievance involve a case that is still pending before a court?
Yes
)( No
WITNESSES:
List the name, address, and daytime telephone number of persons who can provide information, IF NECESSARY,
in support of your grievance.
NAME
PHONE NO.
ADDRESS
Briefly explain the facts of your grievance in chronological order, including dates and a description of the conduct committed
by this legal professional. Attach COPIES (DO NOT SEND ORIGINALS) of any correspondence and documents that
support your grievance.
The Rules of the Supreme Court of Ohio require that investigations be confidential. Please keep confidential the fact that you
are submitting this grievance. The party you are filing your grievance against will receive notice of your grievance and
may receive a copy of your grievance and be asked to respond to your allegations.
S;g~~~~
(L
Date
,I
l
LEIS, JR.
(Rules V and VII of the Supreme Court Rules for the Government of the Bar of Ohio)
I
JURISDICTION
l.
provides the Supreme Court of Ohio with original jurisdiction over "admission to the practice of law,
the discipline of persons so admitted, and all other matters relating to the practice of law." This
jurisdiction includes authority over ethical misconduct by attorneys and judges.
2.
includes authority over the unauthorized practice of law. Pursuant to this constitutional authority, the
Court promulgated Rule VII of the Supreme Court Rules for the Government of the Bar of Ohio.
Gov. Bar R. VII I("Unauthorized Practice of Law") governs unauthorized practice of law
proceedings. It established the Board on the Unauthorized Practice of Law of the Supreme Court of
Ohio.
3.
determined that where, in the course of an investigation by the Office of Disciplinary Counsel, it is
found that a person involved in the investigation may have violated federal or state criminal statutes,
the Office of Disciplinary Counsel ~ball notify the appropriate law enforcement
agency,
prosecutorial authority, or regulatory agency of the alleged criminal violation and may provide the
agency or authority with information concerning the criminal violation.
II.
PARTIES
4.
allegations and initiates complaints concerning ethical misconduct of judges or attorneys under the
Code of Professional Responsibility, the Rules of Professional Conduct, the Code of Judicial
Conduct, and rules governing the Unauthorized Practice of Law, pursuant to the Ohio Supreme Court
Rules for the Government of the Bar and the Government of the Judiciary.
5.
The Board on the Unauthorized Practice of Law of the Supreme Court of Ohio is
7.
The Ohio Supreme Court's website states Leis was admitted to the practice of law in
the state of Ohio on May 11, 1966. His Ohio Supreme Court Registration Number is 0015356.
8.
From] 1971-1983, Leis served as Hamilton County Prosecuting Attorney. From 1983-
In or around June 1987, Leis was appointed Sheriff of Hamilton County, Ohio. He
was elected Sheriff in November, 1988 and served in that position until his term ended on December
31,2012.
10.
In a letter dated May 1,2012, Ohio Supreme Court Chief Justice Maureen O'Connor
wrote to thank then-Sheriff Leis for advising her of his retirement. She notified him that she informed
the Court's Judicial and Court Services Division of his interest in serving as a retired assigned judge
(where he would rake in between $60.68 - $66.00 per hour and $485.44 - $528.00 per diem). [A copy
of the letter is attached as Exhibit A.]
11.
On October 22,2012, Diane E. Hayes, Judicial Assignment Specialist with the Court,
wrote Leis: "Pursuant to Chief Justice O'Connor's approval for you to serve as a retired assigned
judge ... " indicating Leis was approved to practice law while serving as a retired assigned judge.
[See, Exhibit B.]
12.
The Ohio Supreme Court's website currently (March 19, 2015) contains the
following additional information on Leis. His current registration is "inactive". His Attorney Title
is: Sheriff. His Office is: Hamilton County. His Employer Address is: Justice Center Room 110,
1000 Sycamore Street, Cincinnati, OH 45202. His Office Phone is: 000.946.6400.
Page 2 of2
13.
Upon information and belief, Simon L. Leis, Jr. is an attorney at law, duly admitted
to the practice of law in the state of Ohio. He is serving as a retired assigned judge. As an attorney
and a judicial officer, Leis is subject to the Code of Professional Responsibility, the Ohio Rules of
Professional Conduct, and the Ohio Code of Judicial Conduct.
III.
NON-P ARTIES
14.
Nathaniel Livingston, Jr. is an individual citizen and African American man. At all
County.
15.
Joseph Theodore Deters is a white man. Deters is, and at all times mentioned in
this Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio.
From 1992-1999, Deters served as Hamilton County Prosecuting Attorney. In 1999, Deters began
serving as Treasurer for the State of Ohio. Faced with multiple scandals, ethical violations, criminal
probes, and felony indictments, Deters fled the Treasurer's Office in disgrace and returned to the
Prosecutor's Office in 2004. He is the current prosecutor.
16.
Michael Kurt Allen is a white man. Allen is, and at all times mentioned in this
Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio. Allen
served as Hamilton County Prosecuting Attorney from 1999 until he was busted having a sexual
relationship (that including sexual conduct in his public office) with one of his subordinates. He was
forced to resign in 2004.
17.
mentioned in this Grievance was, an attorney at law, duly admitted to the practice oflaw in the state
of Ohio.
18.
Gail Antoinette Wright is a white woman. Wright is, and at all times mentioned in
this Grievance was, in attorney at law, duly admitted to the practice oflaw in the state of Ohio.
19.
Robert Scott Croswell III is a white man. Croswell is, and at all times mentioned in
this Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio.
20.
Merlyn D. Shiverdecker is a white man. Shiverdecker is, and at all times mentioned
in this Grievance was, an attorney at law, duly admitted to the practice oflaw in the state of Ohio.
I
21.
Beth Ann Myers is a white woman. Myers is, and at all times mentioned in this
Grievance was, an attorney at law, duly admitted to the practice oflaw in the state of Ohio.
Page 3 of3
22.
Ann Marie Tracey is a white woman. Tracey is, and at all times mentioned in this
Grievance was, an attorney at law, duly admitted to the practice oflaw in the state of Ohio.
23.
Ethna Marie Cooper is a white woman. Cooper is, and at all times mentioned in
this Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio.
24.
electors voted for Hunter to serve as a judge of the Hamilton County Juvenile Court. Chief Justice
O'Connor, a white woman, has signed orders suspending Judge Hunter from practicing law and
disqualifying her from acting as a judge.
IV.
LAW
25.
Gov. Bar R. VII(2)(A) sets forth additional types of unauthorized practices of law.
27.
Ohio Revised Code 309.09(A) provides that the prosecuting attorney shall be the
legal advisor to all county offices and shall prosecute and defend all suits and actions involving the
county. The law specifically states: " ... no county officer may employ any other counselor attorney
at the expense of the county, except as provided in section 305.14 of the Revised Code."
V.
FACTS
28.
In 1974 (or possibly 1976), while serving as prosecutor, Leis authored a letter to
then-Hamilton County Sheriff Paul J. Fricker in which he opined that the sheriff may not employ
legal counselor pay counsel from county funds.
29.
On or about August 27, 1999, then-Sheriff Leis practiced law in the Hamilton County
Common Pleas Court. Leis signed his name to a complaint and caused that complaint to be filed
with the Hamilton County Clerk of Courts.
plaintiff. The two named defendants were: Democratic National Committee and United States Secret
Service. [A copy of the complaint is attached as Exhibit C.]
30.
Not only did Leis illegally engage in the unauthorized practice of law, this public
official also committed a Theft offense in violation of Ohio Revised Code 2921.41 (A)(2), to wit:
THEFT OF UNITED STATES CURRENCY owned by the Hamilton County, Ohio, Board of
County Commissioners andlor the Hamilton County Sheriffs Office andlor the Hamilton County
Page 4 of4
Specifically, Leis, who was a public official, used his office to file the complaint. He
knew, or should have known, that he was statutorily prohibited from filing the lawsuit, and he was
therefore violating the law when he signed and filed the complaint.
knowingly obtained, by deception, property from the county (money), which benefited himself or
another. He also knowingly caused, by his deception, some detriment to another, namely the county.
In the end, the lawsuit resulted in $91 in court costs, and an undetermined amount in non-court costs
(human and material resources, etc.).
32.
In addition to Leis' unauthorized practice of law and theft by deception, he had two
members of his staff -- Gail Wright and Francis Albanese -- sign the complaint.
Wright and
Albanese are listed as "of counsel." Leis used county funds to pay them. Even if Leis had been
permitted to practice law, and spend county money on the lawsuit, he was not permitted to file
actions on behalf of his own office or on behalf of any other county office. Nor was he lgeally
entitled to authorize payment from the county for his lawsuit which violated the law. Also, Leis
wasn't lawfully authorized to employ others to do any of these things.
33.
After the lawsuit was filed, then-prosecutor Allen made statements to the media,
complaining about Leis' improper filings. The filing sparked a public fight. Deters joined the fight
and made statements to the media on behalf of Allen, and against Leis's improper practice oflaw and
use of county funds.
34.
A September 1, 1999 story titled "Leis, Allen feud - a new fight but an old story,"
published in The Cincinnati Post contained this: "Allen believes the Leis suit is a violation of Ohio
law and characterized it as 'sheer arrogance. '" The story continued: "Allen said there is no legal
basis for the lawsuit. He said further that Leis has no right to file the suit and is in fact breaking the
law." Deters was quoted in that article, which means he knew what Leis had done. [A copy of the
newspaper article and several others are attached and marked Exhibit D.]
35.
News came on September 2, 1999 that Leis had filed at least 41 lawsuits.
September 2, 1999 story in The Cincinnati Enquirer titled "Sheriff filed dozens of lawsuits"
contained these paragraphs:
Hamilton County Sheriff Simon L. Leis has signed his name to more than 40 lawsuits
that prosecutors say violate Ohio law.
Court records show that the sheriff filed the suits during the past two years in an effort to
Page 5 of5
'j
in Hamilton County's
Former County Prosecutor Joseph Deters, who frequently feuded with the sheriff before
becoming state treasurer, said he's not surprised that Sheriff Leis filed suits without
consulting the prosecutor.
He said the sheriff often did not discuss issues with him and, at times, decided not to
follow the prosecutor's legal advice.
Although more than a dozen of the suits were filed when he was prosecutor, Mr. Deters
said he never was notified by the sheriff. ...
While the sheriff's actions are not a crime, Mr. Allen said they could lead to disciplinary
action against him or the attorneys in his office ....
A Supreme Court spokesman said the committee would evaluate any complaint. ...
36.
no ethics or unauthorized
or grievance
being undertaken"
or any investigation
being conducted,
to
To deal with the lawsuit filed by Leis, Allen filed a "Motion of Hamilton
Attorney for Leave to Intervene as Party Defendant
County
In
According
to the Enquirer article cited above, more than a dozen of the suits were
Leis, or
office, or did anything to stop the sheriff from using county money to pay for lawsuits he filed, or
sought justice for Leis using county money to pay for his in-house counsel.
Page6of6
40.
Although their interactions with Leis were often hostile, I believe Deters and Allen
both demonstrated that the rule for dealing with white public officials is to have a fight, work things
out, but file no criminal charges.
41.
Their mission was always to bring indictments against Judge Hunter and force her from the bench.
Judge Beth Myers rubber-stamped Deters' recommendation.
Croswell & Adams Co., L.P.A.
represents Deters in his personal divorce. Deters is Hamilton County's legal representative. He
used his position to force the county to pay his personal divorce lawyer's firm a sum of money
reported
to
be
approximately
grievances/complaints
one
MILLION
DOLLARS.
(A
senes
of
separate
Disciplinary Counsel.)
42.
I have read the Indictments against Judge Hunter and understand that at least two
counts relate to her allegedly authorizing county money to be used to pay for responsive filings in
lawsuits filed against her public office. Whereas the rule for Leis, a white man, was that criminal
charges would not be pursued against him because he didn't do anything criminal, the rule for the
Black woman, Judge Hunter is different.
43.
I have read the "Motion to Dismiss Indictment" filed by Judge Hunter's criminal
defense attorney, Clyde Bennett II. In it, Bennett essentially accuses Deters of using Croswell and
Shiverdecker
as
his
proxies.
They,
in
turn,
have
engaged
in
PROSECUTORIAL
Unless I missed it, Bennett never mentioned Leis' actions in his motion to dismiss.
He cited other examples to prove his point. Hunter is alleged to have taken actions that are similar to
those taken by Leis. Prosecutors are prohibited from selectively prosecuting individuals based on
race and/or gender. Nothing was done to Simon Leis when he took actions, or caused actions to be
taken, that seemingly violated the law -- engaging in the unauthorized practice of law; illegally
representing his county office; spending or causing county money to be spent on the filing of at least
41 lawsuits (cumulative value most certainly in excess of $1,000 within a ninety day period); hiring
and paying others to represent his county office. Leis faced no criminal investigation or grand jury
witch hunt.
When Judge Hunter allegedly took far less serious actions, she got indicted and
suspended from the bench. It appears race impacted the way Leis and Hunter were treated.
Page 7 of?
45.
grievances
because
Disciplinary
to unresolved
pending
trials.
In this instance,
Judge Hunter's
Judge Hunter's
case.
is unrelated to
intervene in
I have presented the racial element here so that it can be preserved for future
filings. It is professional
misconduct
special prosecutor,
engage, in a professional
or even judge) to
If Disciplinary
Counsel
investigates
this grievance/complaint
and determines
Leis
violated federal or state criminal statutes, it would be improper to notify Hamilton County officials
since so many of them are, in some way, connected
to the conspiracy
authorities
or the Attorney
General.
Respectfully
submitted,
NATHANIEL LIVIN
4410 Bowen Road
Toledo, Ohio 43613
(567) 868-9334
N ateLi vingston@yahoo.com
Page 8 of8
EXHIBIT
65 SOUfH
FRONT
STREET, COLUMBUS,
OH
43215-3431
CHIEF JUSTICE
MAUREEN
CHIEF JUSTICE
O'CONNOR
MAUREEN O'CONNOR
JUSTICES
PAUL E. PFEIFER
TELEPHONE
www.supremecourt.ohio.gov
Cupp
YVETfE MCGEE
BROWN
May 1,2012
The Honorable Simon L. Leis, Jr.
Sheriff, Hamilton County
Room 110, 1000 Sycamore Street
Cincinnati, Ohio 45202
Dear Sheriff Leis:
Thank you for advising me of your retirement on December 31, 2012. On behalf of the
Supreme Court, congratulations.
Your years of public service will be remembered by all
of us and by all the citizens whom you have served.
I have informed Diane Hayes, Judicial Assignment
as a retired assigned judge.
I ~xtend best wishes to you for fulfillment and happiness in the years to come.
I
)
SiAAerely,
J
I\
:L
. -
.I
\./J
r <r
CL:'-'-,
.,
/t~l d ~
--7-.6
'Chief Justice Maureen O'Connor
MO'C:deh
cc:
614.387.9060
FACSIMILE 614.387.9069
Jill Winn
Diane Hayes
Brian Farrington
Jennifer Dennis
Attorney Services
Human Resources
Fiscal
/'J
EXHIBIT
ACTING DIRECTOR
O'CONNOR
W. MILTON
JUSTICES
NUZUM
III
PAUL E. PFEIFER
EVELYN LUNDBERG
STRAITON
TERRENCE O'DONNELL
JuDITH ANN LANZINGER
TELEPHONE
ROBERTR. CUFF
614.387.9410
FACSIMILE 614.387.9419
www.supremecourtofohio.gov
October 22,2012
Attorney Registration
Pursuant to Guideline 3.2. of the Guidelines, retired assigned judges must maintain active status
as attorneys and be in good standing as members of the bar.
In accordance with Rule VI., Section I (G) of the Rules for the Government of the Bar of Ohio,
your home address is a public record unless you have provided Attorney Registration with an
office address. An acceptable office address is a post office box. Enclosed is a Change of
Information and Replacement Card Form from Attorney Registration which will allow you to
add an office address to your attorney registration file if you choose to do so.
Staff Contact: Attorney Services
Attorney Registration & CLE Section
Telephone: 614.387.9321
E-mail: attyreg@sc.ohio.gov
Employment Status/OPERS
Status
The Supreme Court's Office of Human Resources prepared the enclosed information packet
concerning the various forms you need to complete in ord.er for us to set up or make changes to
your payroll account and for you to notify OPERS of your employment status change. When
completing the Notice of Re-employment of an OPERS Benefit Recipient (SR-6) form, in Section
2, please check box number 5, as you are "a retired judge assigned to active duty by the Chief
Justice of the Ohio Supreme Court."
Please note that the two month contribution forfeiture period that retired state employees are
subject to when becoming reemployed with the state does not apply to reemployed retired
judges. Enclosed is a copy of a letter we obtained from OPERS's general counsel which
memorializes this exemption.
Staff Contact: Liz Minor, Payroll Specialist
Office of Human Resources
Telephone: 614.387.9472
E-mail: liz.minor@sc.ohio.gov
EthicslFinancial
Disclosure Statements
You remain responsible for filing Financial Disclosure Statements by April 15 of each year. By
February 15 of each year, the Board of Commissioners on Grievances and Discipline will send
you information concerning the filing of Financial Disclosure Statements. If you do not receive
information from the Board by that date each year, you should contact their office directly to
ensure your continued compliance with all pertinent filing requirements.
As a retired assigned judge, you are subject to the same ethical obligations of a sitting judge,
with several narrow exceptions. All questions and clarification of this important aspect of your
service as a retired assigned judge should be addressed to the Secretary to the Board of
Commissioners on Grievances and Discipline.
Staff Contact: Richard A. Dove, Secretary
Board of Commissioners on Grievances and Discipline
Telephone: 614.387.9370
E-mail: rick.dove@sc.ohio.gov
Your travel expenses are reimbursable by the applicable county or municipal funding
authority and governed by policies adopted by that funding authority. See Guideline 6.1.
of the Guidelines.
Staff Contact: Sharon Nessler, Fiscal Specialist
Office of Fiscal and Management Resources
Telephone: 614.387.9490
E-mail: sharon.nessler@sc.ohio.gov
I have supplied the direct dial telephone number of all staff contacts; however, any Supreme
Court employee can be reached through the court's general number at 614.387.9000. If you have
any questions concerning these matters and cannot reach the identified staff contact person,
please do not hesitate to contact me and I will be glad to help you in any way I can.
Welcome aboard as a retired assigned judge.
Sincerely yours,
~.1~
Diane E. Hayes
Judicial Assignment Specialist
Enclosures
COURT
OF COMMON
HAMILTON
COUNTY,
PLEAS
OHIO
XS90S01S
Simon L. Leis, .J r., Sheriff
Case No.
Street
Ohio 45202
Judge:
~~t':~":,,!:!'.~
! :..-:
::;
;::"~:"'-:.;
~.~:-::-:,I'
PI~jntifr,
v.
Democratic
Nations!
c/o Chairman
Committee
DAMAGES
Joe Andrew
COMPLAfNT
DoC. 20003
BHEACH
FOR MONEY
BASED UPON
OF CONTRACT
HEREON
and
United States Secret Service
c/o Chief Counsel
John Kelleher,
Esq.
DoC. 20223
Defcndanrs.
The quasi-contract stems from duties, responsibilities and benefits conferred by the
Hamilton County Sheriffs
National
allowed
of
Committee
Service
National
Committee.
Sheriffs
services
a fundraiser
fundraiser.
for a political
the Secret
to
The services
The Democratic
National
by the Sheriff
on behalf
provided
of the Democratic
National
to Hamilton
County,
Ohio for
Committee
IJPARTIES
2. On or
for President
National
William
Hamilton
law enforcement
Democratic
of
Committee
Jefferson
"DNC"
Clinton
Service
with the
made arrangements
to appear
in Hamilton
County,
services
to protect
the President
the Sheriffs
Office
III FACTS
5. Plaintiff
rewritten
repeats
and realleges
allegations
as though
fully
herein.
6. Defendant
DNC planned,
arranged
and promoted
located
a fundraising
in Cincinnati,
Hamilton
County,
7. Defendant
contributed
DNC worked
of Amberley
the second
Village
Amberley
Police Department
residence.
requesting
Office
and
was contacted
manpower
by Lt. Petry
for a Presidential
assistance
were assigned
to assist
Village.
the Sheriffs
agencies
Office
with advice
Service
10 At the meeting,
Reagan
Office
1J.
without
Police
Department
with police
had forgotten
to
Office
Sheriffs
on the fundraiser
to the event.
8. During
Highway.
the motorcade
it was determined
that since a
275
County
territory.
A second
meeting
agencies
Patrol
Academy,
in the motorcade
involved
route and
Service
underpasses
and a request
and crossovers
was
on the
route be secured.
13. In order for the Sheriff to comply
One, Two and Five were assigned
hours, and bringing
be available
the
"e" shift
to twelve
Therefore,
request,
Districts
a Secret Service
Corporal
be available
defendant
Secret Service
Statzer
were assigned.
also requested
Further,
on
the
15. On Friday night, July 23. 1999. President. Clinton came to Cincinnati
fundraiser
dinner held at the home of Stan Chesley and for the benefit
16. Approximately
listen to the President
for a
of the DNC.
and
17, The DNe arranged for the President to come to Cincinnati for the sole purpose
of raising money for the ONe.
18
within
Cargo terminal
at the Greater
Cincinnati
motorcade
County by traveling
Chesley's
23
downtown
Interstate
Northern
the President
22. Bypassing
Northern
Kentucky
International
Cincinnati
candidates,
the DNC,
residence
Kentucky
International
left in a limousine
Cincinnati,
the motorcade
Airport.
for a twenty-five
located in Arnberley
upon
car
Village.
proceeded
through
Reagan Highway
Hamilton
to Mr.
home.
After the dinner and accolades,
the President
The President
Jeft Cincinnati
about 11 :32 P.M. for another fund raising event in Aspen, Colorado.
24. As a direct and proximate
of
County, Ohio.
Jaw enforcement
visited Cincinnati,
duties in conjunction
the Sheriff
26. Both the Secret Service and the DNC were aware of the manpower
accommodate
the security
fund- raiser.
were incurred.
(See "Exhibit
A", attached
needed to
the DNC's
charges
bereto.)
27. On or about August 2, (999, the Sheriff sent the DNC a notice and demand
of the overtime
payment
28
declined
payment
to the Sheriff
in accordance
On or about August
legal counsel,
respectfully
the costs of
an
costs associated
with government
for
rules, as well as
with
advancing
29. On or about August 5, 1999, through legal counsel, the ONe did admit there
are different
classifications
travel: official,
political
performed
and personal.
County
Sheriffs
Hamilton
County
taxpayers.
32. Pursuant
Standards
hours worked
services
exclusively
Order of Police,
to pay employees
overtime
for those
day period.
event.
(Breach of Quasi-Contract)
34. Plaintiff
rewritten
herein.
allegations
as though
ful1y
conferred
by
11
plaintiff
upon defendants;
retention
three elements
from
comprise
a quasi-contract:
(2) knowledge
tt e plaintiffs
(1)
by the defendants;
(3)
deputies
fundraiser
to work overtime
organized
of the President
President's
to
38. Neither
by the DNC.
37. The DNC and Secret Service were aware of this benefit because
requested
when he
additional
equipment
and deputies
as security
for the
Cincinnati.
the
and deputies
expressed
contract
for security
of the
President.
39. The DNC's and the Secret Service's
Sheriff, and consequently
services
Hamilton
County taxpayers,
in the amount
to sustain damages
of ~;8,490.34
repeats
and realleges
Enrichment)
each c,f the foregoing
allegations
as though
fully
herein.
41. The Secret Service,
by assigning
through
Deputies
equipment
and security
Service
lhe plaintiff
breached
security
status.
in providing
overtime
duty,
Secret Service received benefits to which the Sheriff has sustained damages in the amount
of$8,490.34
expense.
have unlawfully retained the benefits, i.e., security cost including overtime, which amount
belongs to the Plaintiff s budget and taxpayers of Hamilton County. Ohio
VI. THIRD CLAIM FOR RELIEF
(Accounting)
46. Plaintiff repeats and re-alleges each of the foregoing allegations as though fully
rewritten herein
47. By virtue ofDNC's
entitled to a formal accounting of the affairs of the DNe at the fundraiser of July 23, 1999.
48. As part of the formal accounting, 'he DNC is obligated to account for all
money unjustly withheld from the Plaintiffby
WHEREFORE,
Plaintiff
all of its claims; attorney fees; the cost incurred herein; on' ,egunting, and any oth
at Jawor equity the court finds is just and appropriate her-n.
,i'
relief
;;;:;41;~0
cJjJu;u(~
F. David Albanese, Esq.
Attorney Registration #0032857
Hamilton County Justice Center
1000 Sycamore Street, Room 120
Cincinnati, Ohio 45202
DDN: (513) 946-6611
FAX: (513) 946-6402
JURY DEMAI'TD
')
listed
SUPPORT SERVICES
Cpl. Schnitker
4 hrs.
423 mc
TRAFFIC SAFETY
Sgt. Hendrick
Cpl. Neil
2 hrs.
10 hrs.
140
409 bomb
ADMINISTRATION
Capt. Nielsen
2 hrs.
410
DlSTRICT ONE
Sgt. Luke
2 hrs.
Cpl. Bise
4 hrs.
2 hrs.
PC Bley
PC Stapleton
2 hrs.
PO Buchholz
4 hrs.
PC Cable
10 hrs.
PO Felker
4 hrs.
PO Hicks
5.5 hrs.
PO Holton
4 hrs.
PO Hopewell
4 hrs.
PO Kisling
4 hrs.
4 hrs.
PO M. Linder
4 hrs.
PO Mullins
,2hrs.
PC Naber
PO Peak
4 hrs.
PO Raker
2 hrs
PO Rabanus
2 hrs.
PC Reinert
2 hrs.
PO Richter
:2 hrs.
Cpl. Riddell
4 hrs.
PC J. Sabers
2 hrs.
Cpl. Schooley
3 hrs.
Sgt. Schoonover 4 hrs.
PO Statzer
10 hrs.
041
143
none
none
024
none
144
054
017
002
034
141
004
none
051
006
020
none
049
009
none
424 mc
053
none
DISTRICT TWO
PO Rosing
PO Maley
Cpl. Caskey
PO Crock
PO Kiley
PO Swearingen
PO S. Sabers
PO Brannen
4hrs.
4 hrs.
4 hrs.
.5 hrs.
.5 hrs.
4 hrs.
4 hrs.
4 hrs.
047
039
023
056
016
068
023
014
EXHIBJ[T
\\Oil
-Ll-
DE'I'AIL OVERTIME
THREE
PO Dick
PO Bender
PO McCarthy
3 hrs.
1 hr.
.S hr.
146
036
145
DISTRICT FIVE
PO
PO
PO
PO
PO
PO
PO
PO
Carney
4 hrs.
Carter
.5 hr.
Dean
4 hrs.
4 hrs.
Glaser
4 hrs.
Gutman
Heidemann
4 hrs.
Minnich 1.5 hrs.
Woltermarm
.5 hr
042
011
063
052
040
086
033
003
40 Vehicles
(one bomb truck, two motorcycles,
thirty-seven
patrol cars) @ lS.OO/hr,
160.5 hrs, total 2407.50
UDSICPForm #15
INSTRUCTIONS TO CLERK
i\990S015
vs
:JM~\J
_V\(~
Nah~
S~~
S~
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Case Number:
C9Jty\\IV~\tr-ee, O--~
~1~cQ
S'VYlDr\
L leiS1(~beJ3:fP .
DATE:
8/c31/Y9
I
ATTORNEYSSIGNATURE.
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(REV '1-3-990)
COURT OF COMMONPlEAS
. HAMILTON COUNTY: OHIO'
.. JAMESCI$SELL
,_.
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.',
CLERKOFCOVRJS
"
4; THIS
BYJUOGE
:-.-
. PLEASE INOICATECLASSIr:ICATIONINTOWHlCHTHI~CASE
(
()
.)
FALLS'
V\lrbngfuIQeath-:Vehicle Accident
. ()
(
-'--
C320
-C370
PROFESSIONAL
TORT - A30.0
(
jPersbnallnjuryA310
. ( )Wrongful Death-A320
.
( .. )PRODUCT
LIABILITY
WORKER'S
- 8350.
COMPENSATION
FORECl.OSURE
-}Foreclosur.e - E510 .
)Fo!ecfosiJre-taxes~
E5~O.
. C) Fcireclosure-Me,chaniesLien-E530
(
(.
) . ADMIN~ST~.rJVEAPPEALS
- F600
( ) Appeal Civil Service -F610'
(. ) Appeal.MotbrVehiclEi
- 'F62<l .
(
(
Taxes -F650
) Appeal.V.nemploYl\lent- F630
( ) Appropriation - H710
( ) Accoun:ting -H720
( .) Beyond Jurisdiction - H730 .
( X1'Breachof
Contract ~ H740
"
1'tCancelLand
Contract - H750 .
( ) ChC:mg,e of Venue - H760
( .) Class Action- H770
( ) Convey Declared Void -H780
.
( ) Declaratory Judgment - H790
.
( ) Discharge Mechanics Lien - H80q .
. ( .) Dissolve Partnership -.H810
( ) Habeas Corpus - H830
( ) InJl.mction ~H840
.( ) Mandamus .H850
( ) ()nAccourit - H860
( .: ) Partition - H870
( ) Quiet Title ~ H880
( '. } Replevin - H890
.. () Sale of Real Estate - H900
'.
. ( ) Specific Performance - H910 .
(, ) Restraining. Order - H920
. (
) Testimony
- H930-'21
( .) Environmental - H940 .
( ) Cognovit. H950
. .' ( ) Menacing by Stalking ~ H960
.
(.' ) CONSUMER SALES ACT (1<)45 ORC)'~ H~2.0 .
( ) Check here 'if relief includes declaratory judgment,
. injUnction or class actionrecovery-H825
,
,,,
i
DATE:8/Cl7/
1999' ....ATTORNEY{PHJ~T)
SUPREMECOURT
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COST RlSCORO:rn
JAMES CISELL
Cler\( at the
Cou-t ot common
Pleas
COURT
os COMIVION PLEAS
HAMILTON
COUNTY, OHIO
Judge:
Plaintiff,
v.
Democratic National Committee
NOTICE OF DISl\llSSAL
clo Chairman
WITHOUT
Joe Andrew
PREJUDICE
ORDER
and
United States Secret Service
D.C. 20223
Defendants.
The Plaintiff, Simon L. Leis, Jr., Sheriff, hereby voluntarily dismisses this cause
of action without prejudice and before answers have been filed by the defendants
Democratic National Committee and the United States Secret Service. Further, this
dismissal is without order of the court pursuant to Ohio Civil Rule 41(A).
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SIMON
L S, JR., SHERIFF. . /
Hamilton County, Ohio
Hamilton County Justice Cent r
1000 Sycamore Street, Room 110
Cincinnati, Ohio 45202
(513) 946-6400
Of Co un
1:
il Wright, Esq.
Attorney Registration
066957
Hamilton County Justice Center
1000 Sycamore Street, Room 110
Cincinnati, Ohio 45202
DDN: (513) 946-6400
FAX: (513) 946-6402
CERTIFICATE
OF SERVICE
vs.
DEMOCRATIC NATIONAL COMMITTEE
and
UNITED STATES SECRET SERVICE,
Defendants.
The Prosecuting Attorney hereby moves for leave to intervene as a party defendant for
the purpose of enforcing Ohio Rev. Code 309.09, 305.14, and 4705.01. The grounds for this
motion are more particularly
c....
v~ .:
_J 1-'"
.>.
=:; ,-.
(513) 946-3000
MEMORANDUM
This action was filed by the Sheriff of Hamilton County to recover the expenses incurred
by his office as a result of a political fund-raising visit by President Clinton.
facial appeal-
we are sympathetic to the notion that local taxpayers should not be saddled with
Congress, not by the courts. Local law enforcement has an obligation to protect the President
and maintain order while he is in the community, regardless of whether the costs are reimbursed.
It is, however, unnecessary for the
COUli
Sheriff, together with two members of his staff listed as "of counseL
prohibited from filing lawsuits.
II
litigation and those activities which are incidental to appearances in court." Akron Bar Assoc. v.
Greene, 77 Ohio St. 3d 279,280 (1997).
Even if the Sheriffwere
behalf of his own or any other office within Hamilton County, nor is he authorized to employ
others to do so. The Sheriff's office is to be represented in all legal matters by the Prosecuting
Attorney. Ohio Rev. Code 309.09(A) provides:
The prosecuting attorney shall be the legal advisor to the board of
county commissioners, board of elections, and all other county
offices and boards. . .. He shall prosecute and defend all suits and
actions which any such officer or board directs or to which it is a
party, and no county officer may employ any other counselor
attorney at the expense of the county, except as provided in section
(Emphasis added.) Thus a county officer may not prosecute or defend an action other than
through the Prosecuting Attorney, unless the special procedures in Ohio Rev. Code 305.14
have been followed.
See, e.g., 1996 Ohio Atty. Gen. Op. 96-054 ("A county treasurer may not
retain the services of a private attorney to collect delinquent real estate taxes. ")
The procedure for retention of other counsel outlined in Ohio Rev. Code 305.14
requires a j oint application to the Court of Common Pleas by both the Board of County
Commissioners
appointment.
This lawsuit has been tiled by lawyers (including the Sheriff himself) who are statutorily
precluded from representing
Inc., 23 Ohio St. 2d 60 (1970) (dismissing petition filed by non-lawyer on behalf of corporation);
Williams v. Global Constr. Co. Lid, 26 Ohio App. 3d 119 (Franklin County 1985) (dismissing
action filed pro se by trustee on behalf of trust).
The coordination
"The Court may make the appointment without a joint application if the Prosecuting
Attorney is unable to act because of a conflict of interest. State ex rei. Corrigan v. Seminatore,
66 Ohio St. 2d 459 (I 981) (prosecuting attorney filed action on behalf of state against county
agency, then refused to join in application for appointment of counsel to represent the agency).
The Hamilton County Prosecuting Attorney does not represent either of the defendants in this
action, hence there is no conflict of interest. Thus the Court could not make the appointment in
the absence of a joint application.
--
..
.J --
duplicating services, the county would find it impossible to develop a consistent position on the
myriad legal issues that confront elected and appointed officers on a daily basis. The likelihood
of inter-office conflicts would rise dramatically, as would the attendant disruption and expense of
conflicting policies. The requirements of the Revised Code are based upon sound public policy.
Regardless of the Sheriffs motives, he has exceeded his authority. His action is ultra
vires and cannot properly bind the County. The complaint should be dismissed.
Respectfully submitted,
MICHAEL K. ALLEN, PROSECUTING
ATTORNEY
CERTIFICATE
OF SERVICE
The undersigned hereby certifies that a copy of this Motion and Memorandum has been
served by ordinary U.S. Mail upon the Simon L. Leis, Jr., Sheriff, the Democratic National
Committee, and the United States Secret Service, this l~day of
-- 4 --
S~ ~
, 1999.
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08-30-99
A 9905015 DiP
14a.
i
ARTICLE NUMBER
7. DATE OF DELIVERY
--_
~----------------------------------------~--------------------
..........
_ .....
1111111111111111111111111111111111111111111111111111111
Page 1
C11SR5018
D56938155
CASE NillIBER : A 9905015
SIMm~ L LEIS JR va,
PILUlG
: H742
11/18/2003
FILING DATE
08/27/1999
ASSIGN DATE
11/10/2003
CURRENT JUDGE
PREVIOUS JUDGE
C=:
DISPOSITION:
227
146
H
ETHNA ~ COOPER
.ANNAARIE TRACEY
DI~ISS.A.L
IlliGE:
1>JOTE
DATE: 09/02/1999
S T.A.
TUS DAIE
PARTY
NBR
A 08/27/1999
D-1
A 08/27/1999
D-2
A 08/27/1999
P-1
REFERENCE
PARTY ~TlillE
ADDRESS
DEHOCRATIC NATIONAL CillllUTTEE
% CH.HRl1.ANJO E ANDRElJ
430 SOUTH CAPITOL STREET S E
lIlASHrnGTON DC 20003
UNITED STATES SECRET SERVICE
% CHIEF COUNSEL JOHN KELLEHER
1800 G STREET N ~
lIlASHINGTOO DC 20223
SIMOO L LEIS JR SHERIFF
HlillILTON COUNTY JUS TIC CENTER
1000 SYCAl10RE STREET
CINCINNATI OH 45202
ATTORNEY
NER
15356
ATTORNEY NmE
ADDRESS
SIl100 LATiJRENC
E LEIS
420 HAMILTOO COUNTY COURT BOUS
CINCINNATI OH 45202
DOCKET
DOC
NBR
56938155
56840153
ENTRY DOrn:
TYP
CODE
C
ENTRY
DATE
SUC2 11/18/2003
245
11/10/2003
56840152
246
11/10/2003
36371821
JPR
09/07/1999
36320443
FD
09/02/1999
36321383
l'M
09/01/1999
245
09/01/1999
36307695
IMAGE
NUMBER
36285897
36285898
D
D
MAlA 08/30/1999
SUID. 08/30/1999
36278621
SUID. 08/30/1999
36278620
36275371
36275370
36275369
36275367
36275366
36275365
36275364
36275363
36275362
D
D
D
D
D
D
D
D
D
P
~.IA 08/30/1999
cmiP 08/27/1999
POST 08/27/1999
LAAT 08/27/1999
FCF 08/27/1999
CLRT 08/27/1999
CLKA 08/27/1999
CCAT 08/27/1999
C
08/27/1999
TICF 08/27/1999
ENTRIES
DOCKETDESCRIPTION/
DOCKET C0Il11ENT
AIIOUNT APPLIED
UNCOLLECTEDCOSTS
JUDGE ASSIGNED
CASE ASSIGNED TO COOPER/E~,/
11 PRIMARY
JUDGE REASSIGNED
CASE TRANSFERREDFRill1 TRACEY/A
NN/MARIE P Rn1ARY
POSTAL RECEIPT RETUPl~ED,
COPY OF SInmONS AND COMPLAIDT
DELIVERED TO
DrnOCRATIC NATIONAL COMlUTTEE
ON 09/02/99,
FILED
NOTICE OF DISIUSSAL
~ITHOUT PREJUDICE
AND ~ITHmJT COORT ORDER
110TION
OF HAIIILTON COUNTY
PROSECUTIDG ATTORNEY
FOR LEAVE TO IDTERVENE
AS PARTY DEFENDANT
AND TO DISIIISS THE C0I1PLAIDT
JUDGE ASSIGNED
CASE ROLLED TO TRACEY/ANN/MARI
E PRIMARY
CERTIFIED HAIL SERVICE
SUI1I10NSISSUED BY
CERTIFIED HAIL TO
UNITED STATES SECRET SERVICE
SUI1I10NSISSUED BY
CERTIFIED HAIL TO
DrnOCRATIC NATIONAL CmmITTEE
CERTIFIED HAIL SERVICE
COMPLAillT F!LED
POSTAGE: COST DESK
O.R.C. SECTION 2303.201
CLASSIFICATION FORII FILED.
Cill1PUTER LEGAL RESEARCH
CLERK FEE FOR EACH CAUSE
COUFT AUTQF.L'TION
COOFT lliDEX: TAXED ill COST
TAXED ill COSTS - FILillG
SlllON LA~IlENCE LEIS
**CASE BALANCE****
Total Deposits
Total Costs
Total Credits
Total l10ney Out
Unapplied Deposits
Th"Japplied Costs
Account
Account Name
2000-0132
2000-0211
2000-0278
2000-0279
2000-0752
2000-0804
8002-0001
COOFT lliDEX
CLERK FEES
Cill1PUTEFIZED LEGAL RESEARCH
COURTAUTaHATION
POSTAGE
O.R.C. SECTION 2303.201
UNCOLLECTEDCOSTS - COUNTY
0.00
91.00
91.00
0.00
-91.00
3.00
4.00
5.00
4.00
Y
Y
4.00
5.00
1.00
2.00
15.00
0.00
3.00
25.00
6.00
14.00
0.00
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
0.00
CR
0.00
0.00
Amount:
14.00
41.00
3.00
6.00
12.00
15.00
91.00
0.00
Applied Amount:
H.OO
eR
41.00
3.00
6.00
12.00
15.00
91.00
0.00
ca
EXHIBIT
,.CO~GHi
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WEDNESDAY.
,
SEPTRMBER1,
~
1999
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uto
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aw
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Proseciifor
'Mike'1\Jlen' argues prosecutor's office, Qhich is the home.ofat" o! his conten- .~.~ycourt," t~e JaW;s~tes. "
,
that state'statutesPIohibit,
.suppq~d t~ rePfesent'a:U,-OlJ9' torney Stanley
tion that the, .'. Mr. Allen'said ,ine~f~rre-"-"
Sh'eriffki$ or !!!lyothercOlll!ty J,y officials tn'legal,matters-. ,i Chesley,.was a
.sh.erlff acted 'quiEes"all regal;rnatt.er~'to go'
~hetif(i!l,.,O~{frorn~PJ;~ctidng ,~"rh.e.c~urts ca~'t ku~ed
political e~~llt
,. imp r 0p e,d y<,tht!lUglitljepro~cuto~'s.office
"i .
Jaw,.
.;,:2.,;.'
c' / ",' !25'.E?Jlti9~,stUiJt?,,,,Mg,.~he!l"tPat, should not."w
h-e n .' "'hle;o,ll~vent,c?u.nwoffi,pals ,ttOlli'
"barn.dlsappomted that the sa!d.:,
. '(#,.}
be. bllt~d to
/signed -,"hli!-llur,swoHhelr.own ~rsonaJof4,
cl)iefl~Y:';eDforc~!lierifofficefil,l, ;, .Tht!!e:week$.ago~~~;slieri.tt,ta~aayers,;
;,,;;fIiI,nl'e
~tb'~:Pfltltic~;;rg~nillis'!... '> :i.:i5'~>
..... '. ~d, ..
.~1I)W:cd9ntY!h~~');p!jttlere~a(<I.
;a~ke~fota Oleet,tng,tad\scuss,a',?'l'he:~ro~e-, "
:Sll,It:
' :.;v;:i:.H~;sajdhe,s~mpflVl;~fh.:
anrlH()W)\JtD;WtLKINSON .(of thel(i:r;'~;;Mp:,~lIen~3~dpo!!slble .Iawsul~;.agaJOst.;~~ecutor sa!~.:he,
.'
I,n,
,.th.~ '!he;.sheriffs fIOSl.tion
on}h~ r~
~
'fhe'CintimJ,atiE;Q'uirer'
. Tuesday.J'\\!as.:,stunped"and
D~m,ocratlc Nat,i~J;lJlI Colfll!ut- wouldge~ bac~ -. ..'"
':; "
.'
three-page
imbursementof expenses,..
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,"',
shockedby thesheer.arrogance- tee and~he tI.~.'S!!cretS~rVlce, to the sh~rili,ry1lkeAllen, .....S'~on Leis
{Ilemo~aJldurn.. he'could';rilOl find. anf legal'
The a;ul.toll C~untyp~ose- of his a<;tio!1s:;L;"'.. ; ,;,
SheriffLeis-wanted t(}sue to said sheriff's ~~kesman Steve tMtthew.i11file today in Com-. groundstofilea la.wsuit~ ,
cutor says'SI}:enff.SlmonL.
Leis
The legal opinion,which.Mr. -recover tlie $8,400 his' office Barnett "He fad,edto dp'so, ~o mon :P-IeasCourt. Mr. Allen :M Allensaid he wouldhave"
broke the.....
J.ii'Y last week when Allen Intends to fiie':today spent to providersecurity forvthesheriff took-it uponhimself cites a -state law-that. he says""c'f !: aSh 'ff Lei onlis de:. ,.
he-sued,tl\e':D~m6traticNation- seeks'the 1awsoiCsdfs;;;is~1.." Pr~sid.entC~inton'sfund-raising to iil~ th~lawsui!." , . '
clearly forbids the sheriff fro~ 2ts%:~his"!~k if ihe sheriff
ai Commlt~!!E!~
to .r~c?yer .e~It states that' the' shenff VISItto Cincinnation July ,23. , He .said 5ihenff Leis.would takingsuch action.
."
c:
. pen.ses'fr()llrapre~ldentlalVISIt, "overstepped his.authority'YbeThe sheriff said the> no~ comment on tlie proseciic "~o s~~i!! or coroner shall
(Pteasesee SUll',
_ ....
~ a. blist:~ng,.legai opinion. cause he circuni~ented the fund-raiser. ~hicli took-placeat to: s opposiuon to the lawsuit practiceas an attorney at law In
Page AlO:)
Leis-can't
says..
; .",\; t: ......
>'
Y'M
ootr.
";';
B~park comolet,
dOcimients
S~W
"
,,:~.
DocnmentsobtainedbyThe
E"quWPOUltto thecomplexity and cost ofbuiJdinga new
ball~adjicent to an exisling
:";"'_~'.....
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'
or
.. :
_,
the,la:V,)1r. Allen
,~'
said,oi11y
m~m()r~ndumurging
its
security.
"lirte'of disagr:e\l1~nts between Mr.J:.eis,
. "(She,riff Leis) m~de i~,plainhe I~Sjust and coimty Qrosecutors.
,,"
bands on F(iday.
j~r:'CoUllty officials: H~ _'SaIdShenff Leis,'] The judge \yill decide whe~er -to-pro- doing 'this for pOlitl~ purposes, .or,
The Shena. and former ProSeCutor
.;,"fle filecfjhis)awsuit Without even. a ,fonner countyp~cutor,
sbou1~.,cee9.WlIh t\~e,;SUIt or t~OW~ll 9ut. ,
Bu,;ke said, "
' ,'Joseph
Deters ~lash~drepeatedll' before
. rile courteS}'i 6f; a': phone'i1~all tomy,:~(lW
better.
,.,"'> ..... '..
,;;:ii2':/<:: Th~,oell),99Jiatlc"NationaIColTInllttee
.M,r:Burke s ,~epubb~an Cpllllterpa\t.<Mr.' Deters be~m-t~te t({6~ie[iii?ti"
()ffiM:'"Mjt;~llen'Sald:"rYead:-:ab6ur ~":'i~Whenrye .wasPr.o~aJt9r; he.m~de''''''c9uldnoE.be,re~thed fOfCOrnmel)t..:but !:LC,IBuck" NI~hoff -. $ald he.has not.
'M' AI
.~'
-~~';::':'"i"" I
!t in.th~;'ne\,Vspa.~i.'f:
", ,
,
It ~el)lidear tha~ ?rJy the ~rosec.~tlpg)ocalIYtl!1-Y of~cials',~~lcol1)edtteeffort spoken. t9 Sheriff Le19 o~.. Mr. Allen,
r,. len ~l~.h~,tand,.tbe sh~tjff?a
r.~ tHe. ~i~j;i~ ,Leltal~'a.c~d 'Ir1t' a,t$1~Y SM,irepr:~sentlfi\ll1ilt9!l C.O~f;iitO di?mlS;;';thce.;l?heriifs
:Iawswt.). ~. about tl~rr legal battle.
",'
(~llpJ:V R;p;~bl}s~n,~aq an. excey~~t
W VtQJJe,r1Y;J'hen: he rdetltifted:twt)'. attor7 .. t1.~i,~,
Allen $lIuf, "'11.
,~e\\tas.i'/
Tun Bur~ei co-chalfl!la,n, of the. COW1- '. "I'd jrst as soon staY,Oijt of It." ME'. relationship ~n~! h~ filed the laWSUIt..,
u~s m lijs Office ~ Gail W~ghl:!and. F. outol-line when he filed"ill1s,
." .... ty Democratic Party, Said It s routine for:,Ii'JIehoff said.
,..
He doesn t seem to Ullderstandl1e'g
Jialrid
tii~fl{~lJ?~~J,
~s;;ye11as.~r.;All~P~$<lPpWgovefrit11~~ts
to {)<lY pa;-tq( the
Th~disp~te is the'lat~i in ~"Jdtlg'
to~ger prosec~tpr:'Mi,.Allen;~~,
,:<:,::r.t'
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(;VNTI~U,~II,;fROM PAG,~'~J"
disIJiissal -
had not ~ken 'matters into his "own tb~pro'Secutor.can :;ict a~ legal ~oun~l.; wiH"Ukdy be<a$sign~d to a ju?ge,1oday.
"ii,
1t~~;;""':t~~
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cost of.presidential
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50 Cenll!
WEDNESlttAY~SEPTEMBER 1,l999
"
-Bus wre:ck'
driver',free
".
."
~ y-
-,~flis,Aller--'feud
- '1"'-8 new fight '~:
but an old story .
_~I~.~heriJnciS'
\:;'\
strongly believes
dayexohgngmg goodbyes with
his fellow inmates.
he is doing the
By. Sharon Moloney
ta~ayers to recover thos;"~-'
, '~ahoney, 46, served a total of
right thing on
Post staff ceporter
costs," .:':
,
door-ortfiei!.4mmlstratlon
build.
1O.'y,ears;one morith-and H days
behalf of ~lC
H~milt9P'G()ttnty's hard.line'
AJor~eT cout1ty t;>rose~itor
;'.! ing of the Kentucky,Staie'Refor.
behtndbarstor
the. d~athsof 27, '~ /. taxpaycl: .
and Common Pleas Judge, Leisat 8:44,a,m.today", > .: '
people.ab~ard,a phurchb}l~1.hat, '
.: Sheriff.s offi.cc SheJ'lff~non Lets is embroiled
",
7,>.
. '.,,>,<,',
~ollldedwlth:his"pjckup 6nMay ,
ill yet~other
feud withtl\ee.
has battledwith his sucessors
county'S younger Republicans:,.before9ver,what
shoull'l be.prosy..;,;:
Tii~!Wln,cdilVl~ted1.:.n
..ib~ a".",,'14., !98.8"on'tiltei-.stSt?'11W. ~s,to~
h~n's worst d.ruPk~ndri\img.~;,
.parrollton, Mah(:mey was driving
time Leis is i~ a serious ", eC9tednhd, what sh<?w(l'be left
'cidentgot ,into;a car l;hatn,ll(],j!lst'~he,wT91~R..wa1:.,1!iS~1(){)4:~COhOI
scrap-with Hamilton County
alone, particularty m the area of
,pul}ed up and ,drove away ,~th
content was nearl1;three times
Prosecutor Mike Allen oyer af"';,P?rnography,
out, commentto the tnrongor
the \egallimit.
'
'1<.
lawsuit Leis filed against the
, Htssuccessorshave
generally
media Qutside,,,"
'
Mahoney claimsto hay!! no
Democratic r(~tg>nal CO.lnrnitt~\;"f\i.SPQ.nded that times have''.,.,
to recover $6,000 Leis spent for .
c~anged In the .past 20 years Three people - tho~ghl to be'
memory Of Ute 'erasn-;'reaF'ning of
security when President dlinton"
tln~so have some of toe laws,
~amily members - ,were inside '
1tonly after he woke up in the
, the car, a green, Toyota selian:'f;,.
hospital ~t~ his own relatively
was he.re fO.ra.Iund-raiser on Ju
b'~'FridJiY, L.cis filed the law .
., was stunned
. ly,;l3,
/ ~.,
,
suit
...andtng 'payment of the
Mahoney wore a white T.sliirt, .,
minor mjunes.
,
.,...' . ,*llef'ioelieves the Leis suit is
$6,000, III 10 Common Pleas
blue jeans and a ball cap with'
Ms, CZ1rT said Mahoney left a
and shocked /
a violation of Ohio law and char.
Co,;rt ~}hout nottrymg t~e Al
'~Kentucky" In' gold lettering.
forwarding address in Carroll '
by ttIe,IDl!eI"
acterized it as "sheer' arrolen s office first.
_ State C"arrectlons D~p~ent
County, which she would ~ot dis, arrogance,"
gance," .
: .LeiS himself signed the papers
-.spokeswoman-Carol Czlrr'siild'
.close, Because he served.his sen-MikcAII{'fI'
Leis
respllded
toda
.'
flUng, the lawsuit and Allen was
Mahoney spent part of early, toPlease see MAHONEY" 7A
~
y. saying
, inturtated
that Allen has "mtertered with
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th~t W.h~l1tie r~
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\,"'The
'Siinon l.eis,file
..
,
X~~'
to
-.--";'The
,#,
_Er"
;ult; Without
even th~ cour-tW;y,or II phone-call
telll~.grpe he' h8d;dl\.C~deMofil~
:8 FrdtnP!,GelA
,~
... "., ....
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Leis
spok~l'n1an:,Steph~n
Bar.A
fonner~U,S.M'~;'lne,
1977,
he
won
il conviction
i\:tleJ{'sald'there is nol~gal
nett responded toda~ 'with a
vle~Univ~rsl~;gta.dyate a'nd'
a9~in6(HLJstler Magazine Pubb~1S ~ot:tbe lawsUit. He said "
Writtetl,state!llent.
'
,further,that LeiS has.no rl~ht't<?
son of a Ioiamffto~nCounty- com- fisher Larry Flynt on obscenity
"Sh~riff Leis strongL~es
'
.1ile"thesult'~d
Is In'factoreak-.
mOllP!,e~s coo(tio~~e,SI".lqn charges~
..
he is doln.g..U\eright flUng art Oe-_"'itig'~Mlaw.
. ",,:
.
LelsJr. became an-asststant
' .
"
~
of
the
~ayers,".,the
state-"
..U,S.
Attorney
In
1969
'arid
the,
.
'
:,nJ983
.
Lel,~
be~m!"
,8
; WOttay. Allen i'(iU file a motion
ment said.
"'Hamilton County Prosecutor in common pleas court Judge,
'&slUngtbecourt
dismiss tbe
sh,eri!f's!compl.lifut~use
he ', , :iSheriff,Le1s ilkewlseJ~lieves
1971;"
,.
.In 1987.'Leisleft his com'that Prosecutor Mike Allen, by
~acksJwisdlct~on.
_
He
became
known
for
his
mon
pleas COljrt seat ~o,behis public comments, has inter.:,,:~~.a.t\.inned
and shocked
aggressive 'efforts;flghtlng PQr- come sheriff, replacing ,the refered With the ability of Hamil- ,
". bY.,tliesheer arrogance of hl!j acton County ;Faxpayers to recover
',nograpl<ly,fnCincinnati and,,fn , tiring Lincoln Stokes,
.
.Uo.ns,"Ailenisaid;fu a legal opinthose costs tor serwices.renJon :that accompanies a motion
dered, . ~
.,'
-.~o,'9ism!ss t~e Le~ssuit. ,
.. "The shenff will simply, Wait
Alfen said thll' Ohio Revised
for the issued- to be resolved ~y
Code' "is' Vt;lzY.clear tl'i'e s!1err!n~
ac~~~ ~~~dt!Jt ma%iI,
zine sOld.
Deters sa~,d,because his staff
theapproprrate courts." .,
not permitted to practice,
.
there. c : "
attorneys might be called. to tesLeis apparently assigned his
"Jaw ., ,that the prosecuung attorDeters w~ obviously not as ; tHy, he could not defend Leis in
attorneys-to draft the lawneyis the only one who ~ ilie -. own
keen as pis mentor to.press the. ~,the.suit.',
suit. '
.a SUit-onbel)alf of the 9'5'.w1tyOf"
case, and he worked' out an
The upshot was 'the county
its electeddmctals." " ..
dail \Vright and F, David
agreement with thebookstore
had tohire outside defense lawAlbanese are both listed on his
'>AIJen,saldthe sherilf consult.anddismissed the charges:
yers for thousands of dollars,
suit as "Of Counsel."
ed him several weeks ago, and
The two clashed again in
"The state and county govern'laid .outhls complaint,
~895,when Leis's investigators
rnents as they're organized have
Both are employed by the
AUen'Slild'be assigned his civ- sheriff's office..
raided users of Clermont County a series of checks and balances
il staff to research the law and
computerbulletin boards and
and those are done to protect
The uproar is only the latest
told the sheiitl he would get
copfiscated.computer equip-
the best interest of the public so
in
a.long-standing
feud
between
;,back to him"
",
ment thesheriff said was used
one person doesn't do everythe sheriff and his various suc-.
tosend pornographic material
, ..thing," Deters said today,_
Leis, however, didn't wait (or
cessors. The 'fight is usually over into Hamilton County.,
-,
prosecutor shouldn't be
'Jhe prosecutor's report .
pornography and howstrongly
:whiCh, cotncidentally, Wl;S nnDeters charged that Leis - in '; the sheriff and vice vers~, That's
to pursue it.
'
;!shea:la.st Friday 'when the sher
amove.stmllar to the present
ju'!3~good public policy." There
It started with Anen's prede- , .disagreement with Allen - dtd : were a number of disputes be:
UC filed his lawsuit.
cesser. Joe Deters, n~w sl;!lte .
not consult the prosecutor's ot- ~ tween Leis and his own office
.iThesta:Ws c;;nclusion was
.
Iice before taking actiog and .'
during his own tenure as proseth~e was absolutely.no lega:rba treasurer,
conducting the raid,'
. cutor, ijeters noted;
,
sistor a lawsuit," Allen said, '
In 1994, Leis bro!jght.obsceni.
The i;her:itf.was later sued by ~ '" ...But they all evolved out of
~wastn the.process of 'drattty charges against the.Kenwood
the computer users..
orie thing - andthat is that if
Barnes 8/;NOQlebookstore over.
ing II letter to the sherili stating
e
t1'!':":;,
'I>
.f'
2-
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Thursdoy
5ept('mber
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The Post
2, 1999
... -...
Local news'
"
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....
..
'
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-:
._,;.J~~isoverstepped,
says prosecutor
I II
in
IWI
I~~II
..
. ,
Simon leis
Mike Allen
for job training if they quit working for the sheriff within three
years. The suits range in size
from S65 to $750 and were filed
with small claims court in May
and December '98, and June '99.
Neither Leis nor the lawyers
working in his office could be
reached for comment.
Leis' oUice released a statement saying: "Sheriff Leis
sjiongly believes he is doing the
right thing on behalf of the taxpayers of Hamilton County by
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18A
Friday, September
3, 1999
-..
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The Post
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Local news
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"I do know that when he was prosecutor, he made it clear that he was the
prosecutor, that he filed the lawsuits
i
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..
Falcons 28,
Bengals16
SATIJRDAY.
SEPTEMBER4,
1999
FINAl, EmnON/EAST
,-
50 CEN1'S
'74 Leis
advice:
No staff
111~lnr
IIW"IUI;.
MEmo
SiXarea districts
meet top standards.
Six Southwest Ohio school
districts= Forest Hills. Indian
HllI. Madeira, Mariemont,
Wyoming and Mason - met
the state's top academic standards on a trial run of.report
cards that will be issued next
year. Cl
BY DAN HORN
The Cincinnati Enquirer
WHEElS
';:;
'-
....
/
.,,:"'"i'~
-t;
Viper works better
in Fantasyland 6
Wid~pen roads. cool ternperatures, clear skies and
absent law enforcement - the
Dodge Viper is a thrill beyond
compare.In the real world, it's
~'nc'nn8ll
Popular times:
Sawyer Point.
Enquirer/Sleven M. Herppreh
Erlch Kunzelleads the Cincinnati Pops.in a free end-of-surl\mer concert Friday night at
.
.. -
TJ...". ....
_-
1!.L ~
"I".!__.:-~ - - ~
MikeA.!!en
Simon Leis
'/
''IE.
1'tlH
CINCtNNATfEN'(iUJRtJR
.
.
Leis:
"
J::
r-
I=ROM.JlAGeAL~_.:<
No lawyersallowedin
~AT.lJROAX,
'.
l'ci74 ,
CONTINtJEp'FJ.tOM PAGE Al
:'the shenff wil1ldreW ThU;sday, had
The count~ .Republican.Party
... "Saiiff Lei~ waived that'privilege
- ~volyes laoor. neg'otlatlo!lS, arbi- ~Iegal
merit and violated state-stat- . chairman, ~:C. "Buck," Niehoff,
because. the law. ~as changed in
tration dispufes and small' claims law- utes because sheriffs are not permrt- called a meetmg Fnday to bndge the substance and dynamics over the past
'Suits. .
'.
ted to file lawsuits.
'
. gap. between t1ie public officials:
quarter of a century," the sheriff said
Although Mi:. Allen contends it's
The prosecutor then learned that
"It was an extremely open and ..in his statement.
"
improper for the sheriff's office to do the sheriff' office has filed. at least 41 positive meeting:' Mr. Niehoff said.
. .
'.
'.'
most~of;that work, Sh.~riff Leis lias small claims suits againstformer-em"Both said they wilT.cOl)tinueto work .. ~e also noted th~t,prosec~tor s.
,~id it's- mere ~fitierit ~ohaii41e it, pl~ees-whcr owe money for tra/nillS together ast team players in t~eir. oplmons.al e l:g31 advice and are not
,in-house,
A
,
expenses.
commitment to. law enforcement.
. binding like a court order.
The sheriff said his 1974opinion
Me Allen said improper court fllBoth men, however, said they reWhile that's true, Mr. Allen said,
to Sheriff Fric~er d~s not mean he !nJs could lead to chaos because they main convinced each is right.
,.
the law in this case is "crystal clear."
has changed his.QO$ltion. Wh~t has involve doz~n~ of mdlvlduals
and
The sheriff ~jd the release 01 his Just as cleat, he said, as the opinion
vchanged, he said: are the circum- thousanps.ofdoUars.'.
,
."
1974 letter, has changed nothing. He Sheriff Leis himself wrote in 1974.
~ta!1,ces.,
, /,
c.He has. described the sI1erifli\!t.ac"",Ila!d ..he .agreed to release the. letter
'",
....
.;
Y.ou can t compare
1974 to lions as t'arrogant" while Sheriff Leis even though it was a privileged legal..
It s his OWn opuuon, Mr. Allen
1999," ~d sheriff's
spokesman'
has said the' prosecutors position on communication and did not have to be said. "!n no way, shape or form has
Ste~nett.
"It's like comparing the issue. is "ridiculous."
made public.
the law changed."
the horse and buggy days to the jet
age."
'~
In a . written statelllent, Sheriff
Leis said\tll.e keY.differences involve
the dramatic growth in the size and
responsibilities of the sheriff's office.
He said the' number of employees
has risen from 350 to 992 since 1974.
At the same time, Sheriff Leis said,
the office was unionized and is now
.subiect to complex {ed'era! labor Jaws}
,? "It only stands to reason that a law
enforcement agency employ individuals with legal 'experience,"
Sheriff
Leis said in his statement
The sheriff also said an Ohio law
'l\'as 'modified two years ago to allow
attorneys who are sworn deputies to
perform legal work
According to the law in 1974, "No
sheriff, deputy sheriff or coroner shall
practice as an attorney." When the
Jaw changed, "deputy sheriff'l-was
deleted.j,
.'
"Deputy sheriffs could not practice law in 1974," Sheriff Leis said.
"in 1999; they can:'
Mr. Allen said the sheriff's argument is .."a smoke screen" because
the la"" Sheriff Leis is ,iting today is
not. tile Same law' he cited in 1974
when he war-ned Sheriff Fricker'
against hiring in-house attorney'S.
The law cited in the letter states
that the prosecutor "shall prosecute
and defend all suits and actions"
j!lvolvinfcounty,officials."No.county
officer may' employ anyother counsel
or attorney at the expense of the
county," the statute reads.
.
According to jhe latest edition of
the Ohio Revised COde, that law has
not changed since1974.
.
"It is identical to the law today,"
Mr. Allen said. '
.
The dispute between Mr. Men
and Sheriff Leis began last week after
the sheriff filed a lawsuit against the
Democratic ,National. CommitteJl
seekingto~eco:ver
expenses fro", a
presidenfiar4tsitt
" .
.'
Mr. Allen said the lawsuit, which
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as
WTo~g).,
himself
the lawsuit
a statement
nothing
He was wrong,
i',
however. State
OfJus'ilce..
"':
.
law expressly forbids a. sheriff
B~t albng.theJ~ay L~is Seems 'from practicing law. The law al :,''to ha-ve forgottentllat tij:e'jobs,
so says the prosecutor is thele'.a;e sep~ate'and.di'Scre.te.
Just.
gal advisor for all county offices,
,'''''aSthe aearly'Qeparied .can't 'take and that no county officers can
the~ pche~ Into heav~n,Jor1.fieri hire attorneys .pot the cou~rity'~ ex,
, - prosecutors can't c~rry their
pense except under special cir.pOwers
Into . the
sheriff's
otfice:
cumstances .
. ~.
.,"H-...............
, . _.
,':
In fact, the sheriffs recent atNo wonder Allen was outtempts to play prosecutor ~e
raged to discover that the sher~t
the law, according, to
lfr's office employs two
, current Hamlltop County prose- ~ .attorneys who have done legal.
. cutOr> Mi-cnael'K."'Allm'(hill~elf
work at the county's expense ':"""
. a former judge and poltce of~i
and that.Lets' office has filed at
cer.) ."
.
'.
least 40 other civil cases over
Allen, a Republican; objeeted?" the last two years.
publiely to a'Iawsutt that Leis, . , ---,:o-.,----:----,-.,-~-. alSo ~{RepubIican; filed in. Com',
....'. '
.
< mon Pleas Qourt 18$tYleek deProsecutor
'"me:nding the Democratic' '.
7
, Natiorta! CommU~tee're~ay-tb.e '\,
.",
,;brand
AI"
M.ohael
:'" . . nt~.
enISJ Ig' " In
sherlff~ <tffiee,$6.g~oJor.~e~uri
. ". forcing
to PreSIdent
Clmton.
, . .'
- 'Ij'du,riIlga.fundrai~ing.stoJi> here . i'
inJUly.,.
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,sheriff
to
.,',
:
, lAs1rhat>pens,cl.iets~:heart-isin' ---,------------
, th~.right
?l~Er~n. thi~one. Wp
The laws that prohibit sher-,: .
-, should Cmeinnat~,taxparers ..:
Hfs fro~ acyng as pros~c\1tors
,bear th7 .~ost:?U~epresl,dents
~ and otl1ercounty officers
,ttU'l~.~a.l$tn"'Junlc,~t t,or th~J?e~:':,~
rl-otn,crp&s;pg intq ..9th~~iadmin.
,.ooratlc P-tlrtYfl,", "">;'",''''( ...'": ~"t . ""if ';~ ':"'istrators'" tUr,f -..: are',designed to
,.' , Bqt !tom ,a/legAl stantlpoi'Qtp .~~Pr-f~vtmt!lbhe~xa~~ kind of omnip~
'Leis was out at b6und~~
.1; 1 otenee ~h~t Leis seems 00 crave.
l~gatt~ni~1
~ihbugll'many
of th~~~~~- .tu~lor'that~
suit. ~e aISO!;;the'.erilployees~tin'6Wed. the
is the
were resolved
sharply critieizedfhe sheriff for sberiff between $200 and'$500 officer in the county:'.'
l!I~nfus,ag(), M~, Allehsaiil; all cir~umveqti~ the prosecutor's
for equipmentand training' exSh'..;u'.
I
' - ,','
. "
",otheIl):.<l\r~ .lmp'tQI>~i:1ln9 offlc~. which IS sUPPO~ to rep- ,penses:
'
' '., "i"" Leis .a, ~~~~r,~?!'5
shoiJl~,be .thrown out of.cOUrt. resent all county pffiClals In le- _ ' '
,
,
cuter, would not al~i
u!"
"I have a legal obligation
gal mat~ers,_ '
.'
Each .comp~amt }Va~ Signed roleo! the alto~ys'; 1I!,i his
intervene," Mr. Allen said
'
, " by Sheriff Leis 3ltdt m ,som,e offiee, .But he said ~&t,t;a
Wednesaay, {"I,:"."
'!\!- ~Idth~; law forbids I~,cases,by:att<nmes' from hi~ ,sJXlke~a~ th.at t~e la~~Iie,.
. .",,'
because It would be dangerous'cffice acting onhisdleliaif, Infilediare1egJtlmate
andgiiOd fur
'The" lawsuits are the latest if tne Sheriff were empowered some instances, the attorneys' taxpayers.
. .. '.'
point of co.ntention betwee~Mt,
tonot only. investigate cases.v'areidentified as being "of counThe-spokesman, Steve 8a1~
Allen 'an'd./Sheriff Leis"whO but also'to.prosecute them. . <Sfl" 10 the sheriff, <
!)ett,said the suits allow# tile
sprred/earliet this we-ek'ov,er a
Acc<itdlngto court records,'
Mr. !\lIen eaid Jt is improper sheriff to collect mote ;,than
swt the sheriff filed to recover the sheriff hasfiled at least 41 for anyone. other than the pros- -$8,900 and return thatlllOl!e}'
expenses. from a presidential 'lawsuits in. Hamilton County's ecutorto serve as counsel to to the county's geneIai ftmd.
visit. .. ; ;r.
Sl,l1ailClaims..Court-and MuniCi.-"the sheriff.
'i.
.
..."I\Il'~ha~moneygoes~Ck
to ~
Me: Allen .filed a mernoran- . pal Court.' J'
....
, "The law is.!;fystal aear/""(Pie~se
8e'eSHERItF.
dumJ,:uesday seeking the.disMost of ~e suils allege that 'M!. Allen said, "The prosecutPage A6).
iWscases,.
to-
"They are counsel repre- 'not diScuss issues with him and
benefit taxpayers," Mr. Barnett- sen..ting. the' ,.,sheriffs office ,in at times,. deci~ed not to ~6Uow
said.
.
those filings, .Mr. Barnett said, . the prosecutors leg~advtc~.
Mr. Allen ~aid the ..jssue is' HtJ~no~ ne~essarilY counsel. ~o".Altfiptlgh ll'1C?re tban.a./doZe~ .
not whether the lawsuits have the sbenft'c'
.... ..
.. . ' .,()f 'theswts were, filet when he.
m.erit - it's whether they are
Wh~tever their'title, Mr Al- w,asprosecutor, Mr. 'Deter~,
legal.
.'.
l~~ said, they should. not be said he never was notified by
"It sounds to me that (the filing le~al papers on behalf of- the sheriff.!1 wasn'taware of
lawsuits)titake legitimate arga- the shenff.}.
." ~""",' ..' . '" Jhis,."bf: said. HHe CaJWotvllave .
menta I "Mr .A"
'lien said- U AJrhe
. H~ said..the. sh~riff~s.a~looo ih-:hou'~A conn" SJ;'.ll and:;;b.e c~';"tIt""~'
' .....". ' .,. - '.' ..'
. could wreak havoc because ., "'~
.' ,,,,t ..
.. has to do IS ~lC~ up. the phone. most of the cases already''have pra~tt~e law himsel~..
.
and let us, do It.
. . been resolvedv Money has
While '.the ' sheriffs. actio,fl,
~e said ..s~a,te law .d~arl'y' changed hands, court. fees 'have are not a crime, Mr ~~U~n .said,
rt
rn......
e..y.,~ .ha
l.o.,.r~ld.S
t
.he
s
.
.
hern
f
fr~m
d..om.
g.lt.'
be
..,~
n
asse._
.."
sse
d.,
3.tt9
.
'
ve
_
.
;
;!P..
.
.
~
.~~(c
....
o
~d
.J..
e
...........
a
.d
,
.
...
to
$l
......
lSCl
,
.
P
.
l
l
n
3
{)nb~~ own. ~5c,ordi~g,to th.e . beenpalcJ.,,:.,~';~,
.
"<"
.. ac.n,~gamtJnm,9:t,:tbe,att~r:.
I~W1 No~bers.u~... shall pra~- . But because they wer~",han'7 "neysim,ms oific.e.'HI'tbinlf:mey"
bee l~w In, any court of this dled improperly, Mr, AUe~:~id. put their license to practice law
state.
. . ".
,:
all of thecas.es should "go 'in jeopardy.'; !vtr. Allen said.
Mr. Allen.$ald the only time throufh court ..,ag~in~'"This is , Complaints against attorneys
the.law;Uo~anatt?~e~,ot~e;r
w~a~; was.,aitald of;~' Mr. ~l~n .typically are 61.00 withtPe,l~at ..
tb~ll ~hepr~secu.~or to handt~.~. scud. '. ,'..
.bar::association'orwith
the'dig;.
case, IS .when .~.J.udgeformaUy. ,He said, be WID seek to dl~- GipUnary committee of. the Ohio
appoints a special prosecut~r. In, mISS any of. the cases that still Supreme Court
these cases, however;. either may be acnve, and he will do
'.
....'
...'
the sheriff or his attorneys filed legal re~rch
to find ways to .'. A. Supreme .C~
.spekesthe leg~ijocurq~!ltsli.
'. ove'rt~rn, t.bosetba.t al~eady Hpan ~Id :th~ct:)~~~tee wO\lld :
While he acknowledges that~ have been reSolved.'
.
.eyalua,t,e anycomp~aJnt~b~t.be
two attorneys - Gail Wright
Former County Presecutor . 'no~e~ ,that-no lute m,:~e attar::
and David Albanese - are em- Joseph Deters; who frequently neys, c;~e of ~r()fesslonal reployed by the sheriff, Mr. Bar- feuded with the sheriff before sponsl~llity spe.clfic(~nY'addressnett said neither is considere~ becoming state treasurer J said es the Issue raised m ~ts, case,
Ute, sRe,riff's in.;house /counse,l~ h.e)notsurprised:thatSb~riff
",uJtrn<. nptaware. Q;f,a pr~viHe said Ms. Wright is an admin- Leis filed suits without consult-sion th,at would cover this sJttia
istrative assistant and Mr. Alba-iag the prosecutor.
tion, n said spokesman Rick
nese is safety director.
He said the sheriff often did Dove.
CONTINUED PROM PAGE Al
i,
'tl
QUnVt.
,tfMjf:r" ,
.has'
'~t':~.
r>:
/'T,'"
,/"/,,,'
.,.J.'"
Ulost;of.them,\/hithf~W/ttl~,
'Puqli.,;ltr., ~\f;~;'i.>
'Since'".ibe5!('lmba
prOS~$~~t~r~,
'a cQm~on/plE
tfjneijff, ~e)l~~
nir1g</;ro~f~~:.~.q\l1J
.moshof tHe,co
eenie;r~.:,on~Mr.....~l~'~iil~~~~l1~:
~tat;ls!ngAFf~(td~
..a~i~~tL.PQr~
.'
nograpb:y~' ..' ..; ,
. .r~e)n~~o~ar:;~~m~~f
..wa~;~;
?first.{(jcu~e~ ~~~ti{~is(ili"
,.,19f.'f.;' ~1l~n~as!c~ltnt~;:prg~pu:''
~Qtt~htte"g.a-irr~ij\a;c~pyi~ti~.~
.
.....
~insf;ll@tl~
."'~,."
'"'~
,,~
nt~or"p,anqe~~g~~~~~.
The ,.cqnviction:~a~.il.at~;r.
()Veft:u.r:nea,;, b~t.Mr.~teis~ST
sucOOssful...in. 't:UnniOg~~!~ti.;
busines~~.outgt~tJJe,~Q~t! .,;;,,'
Mr..l.eis:.
a!s().s~ir;e(f.c~~~'
'versY. ~~':prOSElcut()r/bYfP~suiil~'E\'
prqquq~~sof;~be,~~~~~.pl~.-()ht/'.
Calcut~al,Whlch
contaI~ed!nUd~"IIII!I.yllllli- ..,.IIIII:s-/II!Il/WUl-IIIII;;""'-, .,.,';';"
.'. .:
.........,."
...>~~qU~t<flf6~h6t.
;;~;~~~llu=~~~~~o~jh.)Si.moh
..
~ejs,~~.!l.I~r~~PIlP~rs.~yr!!lg,~!()O~~i~..
<BI~,eAsh.. '. . . i. . . .....:s '.;ttj~}Of~u~tffT~'~!1fl~inePtJ~li~er.~a~ry:;fj:t~nt"i~th~~1Qs~:
9
'<~..
m~~tty.,
.~o~J~t~~,'~~nt.'tQo:f3f; ..l)~.~~I:s
..;d~~i~~~.;~g(liij~(i.p:~.~.~.
.~d..in..
~b~tt!~.i~yet.~~~.
Lei~.
whenhettj~ijaft~!aU~,.to;g~t~U(;~~~g~.J~~~'\~j!~I(Jbl,tt,\~Qk:.i
'.'tdu~g"~iS'Own .:la'Y~'nts..(i,lld,
.;~pnvictiQl1a~ai~~ti~thef~~;eJl1;i:;~t9~e~in'
~~~~~li.()ijt1lN~,Q~~~:;S\'1~<l~i~tll.et~()ltJl.typr~cu;t()!
.
.po,rarycA!fs'Qenter;'for"its{fi.;; phy:':reta~e(lca2tl'g~s\'8tougfhY"office{""
".
. . '"
...
'I
. 1P8B1S:
,'{"
...TUE'CINCiNNAJ'lENQUllmR
'..
{"~
'"
FINAL EDnlON/WEST
50 CENTS
~'INSIDE
Slferift'tileddoZensof lawsuits'
DoCtors
All improper,
claims county
not liable
tor-HMO decisi~ns
"r;,.lnkother
an
B.uscrash driver
rrtid from prison
ou';'
,~
Mahoney walked.
of a:Kentucky prison Wednesday;! lyears afterlciJling 27;"
a drunk,(jriving accident Crit(essay the bn:vjty of his'scn- .
. tenceunderseores
the nOOlI(>
toughen drunk-driving laws,
which have remained largely
unchanged since' that fiery:
crash, Bl
HIgb-
..
lev
p lUll
prosecutor
BY DAN HORN
.
.
Simon Leis
A look liac~
at eases and
controversies
that put Simon'
~els in the
spotlight A6
Ex-Miami
students
are' found
not guilty
2 were charged '
with posting
racist fliers
'nle
!~
H~~PfJGE.
c_~_..._...:-r
L_'-
.~
BY STEVE KEMME
The Cincinnati Enquirer
OXFORD - Two black for- '.
__
mer Miami University s\udellts,ci3. Allen
If. Snow
who were accused of staging '" some people will continue behate-crime h03Jt.on campus laSt lieving that they entered Mi. year claimed victory Wednes- ami's Center' for Black Culture
day alter a jury acquitted them and Learning after closing time
"of ctiminai charges.
on.Oct. 3Q and. poi.\ed55. racist
Aller atmost eight ncurs of and anti-gay' fliers 'and typed
deliberation, a Butler County racist messages on f<)Ur comArea I Court jury of seven pater terminals,
,.
whites and one black found
The discovery of the fliers
lI.l H .... ; . 1
c ..........
..:1 n .....1"
-'
~-
.;,,iy.;
-(;
.k
~;,
I:"
110
'THE~C}NCINNATlENQ.'.{JIRER
1:.< '
;;"2'; ,
'
"'..
<
'"
",'
tltf~IDE
'~-,
"
Ifu;
~
.
,.,
\ .Mystery surrounds
i
t,liStarded b9dy ,
'Invcsligntril'j\, don't; know
""Ilillt'll" badly dCCOOllloSCd
hody by a ClermontCouilty
roadside. But officials say
V?hocverdid al)p.~mnUyw~~
n~ concerned thatitw1)uld be
~i;;covered.I)1
,{
~f;.;.;~.:::i:::""";:::'
SPORTS
~ngals! offense
'
FRIDAY SE~BER
Prosecutor
~ays,it's all
Improper
BY DAN 'HORN
The Cincinnati Enquirer '
Tw~ attorneys in the Hamilton County sheriff's office have
performed extensive legal work
(or years that prosecutors say is
improper.
Sheriff Simon L. Leis said
Thursday.that
the attomeys Gail Wright and David Albanese
- handleall of his office's labor
negotiations.
arbitration
disputes and union grievances,
Although, Sheriff Leis defended thepractice
as routine
and efficient. Prosecutor
Mike
Alleh said' it 'violates an Ohio
statute prohibiting sheriffs from
practicing law.
"
Mr. Allen said he was unaware the sheriff has been assigning the work to in-house
attorneys
and warned
that
those cases must instead be
handled by the prosecutors
office,
lie said his office does sirnilar work for other county departments and should do the'
same for the sheriff.
"Clearly that's a function
-.,
{ FAMILY
~
.best to smooth
::::~~.
TEMPO
1
t
arelandmg
.qIlsome fine people
>J:;Forsix months. JlOW,
;'~n\'r
J<,hn JohnstOI1.has
~
making wCi!kly stories
out of names our darts find in
thephone book, He's met a lot
oroke Il<'<>plc.1.
J~
,...;.:~
D1rTC'\
~""
',"
.,;;
3, 1999. '-'4-,---
Suit dropped
She"ff 8im'on L, leis withdrew his lawsijit Thursday
igainsl the Democratic National
Commilleil,The s~it Inggered a
week 01wrangling with \he
c?unty prosecutor~ office. A7
that should be done by our
office .. Mr, Allen said. "It is
not his prerogative to do H:'
In an interview Thursday.
Sheriff Leis spoke publicly for
the first time 'about his conrinuing dispute with Mr. Allen over
legal work done by the sheriff's
office,
Sheriff Leis said he sees
'
, FiNA!,EDrnON/EASr.
50 C~
nothing improper about his pOlicy and said the work of his
'attorney.
goes far beyond the
41 civil lawsuits they have filed
during the past two years.
He said most 'of the legal
work is.rpenny ante stuff" that
his attorneys
arc more than
capable of handling.
'
"It's stupid to raise hell
about something likethat."
Sheriff Leis said of the lawsuits.
"If (Mr. Allen) wants to assign a
prosecutor to handle those
cases, I'd be more than happy
10 give them to him.
"It's ridiculous, but if that's
what he wants, fine."
The: Clncmnati
EnqulterrGJann
dispute
Art Museum
l
'\
"
-;......",~""'-'=
.'~'
City's
growth
dl.ector
leaving
U:l ""'''
Season
'* down. to
'foo,'time
fOfr Reds
30 games to go;
still in the chaseBY CURlS HAFT
The Cincinnati Enquirer
For 3 m~jor league ballPlay~.,
- and maybe even Ior the
llIaiQr league city o! Cincinnati
HaJ\Ol\9
called the
"stupid."
"*'
Tio.
-a:w_ .
..~.._ ...
,--_._
...'
BY HOWARD WILKINSON
and LISA BlANK FASIG
The Cincinnati Enquirer
Cincinnati development
director Andi Udris, under fire
from city council in recent
months for slow-motion downtown development,
will leave
office at the end of the year.
Some council members hope
he won't be replaced.
Both Mr. Udris and City
Manager John Shirey have been
criticized
by
council members who say
they preside
over a bureau-
~ltW:CI~}1:,\XATI~Ql)I!~,
.'
c:
.'
,-'
FROM ~ACj.A1'
;~.
~~
'QLti~#."~li~an/((("~~"~I~~;..kril~ieeJ'::~,i.&~
t.;~,.~".l.,.c~~l,j~,
~J~J'~;(.:~P~:l\.ji
.,05;I'.J."10a~.l~batdl~!.:V'~iK
'eONTINUEO
FROM PAGE'At
.'.
'.'
. -...
."
..
'~~~J~':r\!~o~
~.tl!'.~is;,;witlidralVS~y'it.
that, ft!~\~<:p.!lJ,:OV~!sy
'<sihAN
iny~Ve~Ia~its;~,;.
:aQRN,," ~
..' Pt~SI?~n.t ~li~to~:~~~ce~.t ftind-r:ail1"'" , TIl;e sli'~~iff,.,fll)l\'eye~~iS!lW!!!?-9Y.
,;,!fh6YI~;''!9t.be:;a!!;~e'''''i~,x.,(1),".10';;,8 .. 'th~"()iricl~ii;EtI<iujrir"i;~
'~.. .tn&Vi,~!~ to,Cmclnn~tt,;/;i:!/
'.. i.' ij~ said /le.wdl,a/ik t~~ pi~nC(jtor,t,o'/I'"
fS~t1ff:U!i&
Sld Ms;<WJ.ight; iI/fot"), t,.. '. .'...
. f ':,r.'. '..
.
Although Mr. Allen said he sym-. re-filethe sulton hl&beli~h,"'"
.1, .
'.~mer ':aSslsrarit ProseCutot,repreSerits .'. After a .;week, of..spa~trng w~~ -1l3tmred with the desire-to recover" .. He' also said his decisionto-drop'
'~{h!rrl in a}llal?ornegotiations, arbitratk!n ,p~o~cutors ?ver:lts legality, Shenft- rnoneyIrom a .presidentialfrolic . the suit is riot an admission that he
dispU!esand hearings regarding labor
Simon L. L~ls.W1thdre~ his law~ll!t the prosecutor concluded there was was Wt:~mgwhen he filed at least ~1'
'.f"
!,c, . '.
. ~ ;
Th~rsday agalIlst t,he" Democratic no legal precedent for law enforce= other civil ,laWSUIts..
..
.!li
He. scud Mr" AI~.3cts
a~ a, NatJ9Jlai Cornfmttee...,.".
""ment'-t:o
Seek reimbursement.
.,.
Those suita which seek to. recovf9t.grie1lliC~ file<}1Ij~"" ". ,.,f~~t~Jhe;~b~~fL ,Silid .t:lje' ~~~e., '. ;Ill!t beforehe, could-tell Sh~rjff.er t~.il'\i~g feesfrom Aot!l1er ~Il}'~ .'t''''''' 'iii;..l/~f"'~)~:i' '~':/'d.~.)"mean,Q,e w~.~/.~fO~,.,r.,~; "Let."s; Jhe, sheriff fi..led, his;6wrf Slllt/ / llloyee$, also a!~.. ri!gaf~ed, as l~-.;,.
, .... erut !j31C,ltmak~ more ~'.,
~e said he dropped.the S\.l\t.onlY".Mt. Allen Said thesheriff broke a proper by the'prosecutor. Mr: Allen..
'.n<imlt'senseIor rus.office to hilndfe becaase jPrusecutor r;iike A)Ien's state' law when he fifedthe,suit
said he will seek-their dismissal as'
thOi!ecases than it does to,refer them to
opposition tQ:.it 'hap' detracted from because sheriff~'oot
;permitted well,
,the,prosecutor's,office,~;
the most imp?Ttant issue.: ,
"'~ to practice law:
~. '.
Mr-.Leis said.he would oppose_
,
I'y,~got a. d\lty.to protect taxpayer
. "I want the-issue tobe concise;
The prosecutor, who filed a. rno- such amove, nQlm~rthafliiSl of~ce ' .
:.lJt.oneY~itht;riff 4is,scud., .. ' ,. '.. Arf!...w~ en.(it}~.. m..on.".
e~ f.r.om.
i.h.e., t.ioOtO'.dismiss.th.e.. sheriff.. '.s su.it thi.s.. has .. recovered .!:leariy. $9,.0.00
r~;-.l~t~2'.:,~ said.~;tl,tlcti<7{\!]O-:, . D~q':".ShIff;r.ei(~d,:"~tth()II'\\,eek"saidh~;wasglad
.. M-r. Lels ~halfoftaJCpay;eis."',<
..,i ;:;.
~ate$:tJ?w~~d
~Ql>Jmr!l~t~0;. (Mt?;f.~e~)pj\as, done,;'he's clo\ld,ed voluntarily. Wi~hdrewit. i'fl,
: ',:' ''',,'It,would be unconsdonablethar'
ly,Jle said UI!!.law app!i~ew:n Jf,tl'~; the ma~n issue.">
'.'
"It's the right-thing to do: he .any prosecqjor wo~.chQw,e to dlS- I
l!!SUe.so: ~:u:nount ohJ1O!l8YIOVP!v~, . Th~ sheriff filed the lawsuit last said. -r thi~~ what he's saying is,: miss suits ,he"\.~J and settle~ by
~
trivial.,
' "
dim'
week m an effort to recover abou; .he's recogrunng he's made a nus- competent Hamilton County judgf'l' [t cfoesn t matter if Its over a
tl'
$8 GOO in security ex.nses from take."
..
..."
es.' the sheriff sa.id.
01: a inilIion doIlars;" lI-1r. Anerl~said '.
.' ~ .
;".
~"
., "",
'-'
~,t'B's nOt his call to mak~;'We aIf need to ',_
.
'..'
. ~
!I"~
IaW.'\,,' ':""SAi,..'rt'l:;;r>~visit.:"L,;
it?" .. . ....
'$200 to $500cost of their',trafrung"moneyback,
<"
e:~d' his, ~YO)t~~AArtediy'l3;' .AI#loo&h'the "sheriffv(j\untarilydrsc 'Tlhink the ~payer ought to bene-;'" Mi-f AIle;; 'said the. ,issue is not
.hip
r
law tlJat.makfS th,e.prosectl.tR~.missed.the .la~t
Thursda.y, the case fi,t from that tralrepg, ~ 'I make ,them whether any' ofthe shelifl'.s legal work.
I gal counselto an other <:ountyoffice-" drew attention to other legal work done
sign the contract,' Sheriff Leis scud..
is legitimate because much of it appears
der.s. The law also specificallystates by his employees.'
One of his former employees, Cl'll!g.
.
'.'
.
f county sheriffs are not permitted to
Court records show the sheriff has Macke, said he worked for' the sheriff ~ he shP~n~~, ~ ~mt. he ~d, IS
practice law.'
..
~ filed at least 41 lawsuits-in municipal roc more than two years but was still
at
e
. I,San
s empoyees
<Ii'. "No sheriff .... shallpracticelaw in court seeking to -recover training. ex- required to repay the fulli$240 ~o:stof should not be ~Olpgany legal work.
-s.
!".J
. ..h~
y, ~ ..c. .... of..t9:i.:S'".
. ~..tate,'..'.'.th.".
e,,~!~.t.u
...,.~~/peDS1;s"
...'~an~ eq~.P!l1~.~t.CoS.,.iS.fr!)!]1
O,t. hi~'i\rail;liI1g">J.
,; fec'
. </Hesaidth~
s.heriff is.allowed tq..iure
Yr'~'6ids:? ",,?f . ,' .t'!$C;.,MF'mer
'employees,
... .';'
"
.. It-was ridiculous.vsaidMr. Macl<e, lawYers' but he is not-permitted to
''''~'''~1
diSpUtebetween the:'sfieriftand ". 'The sheriff said the suits are filedto' a f~nner' corrections O~G~;. "They assigri them legal work.
'
'th'oseciltor arose last week when Sh!!riff : enforce a three-year contract all depu- didn t pro-rate It or anything.
" < ....
,
"-Wis filed a lawsuit against the Demo-. ties must sign when they join his o!fice. ,Upon learning that the prosecutor
.ITIt involves anything-where they
:-cratic National Committee in an effort If they-do not 1ulfiIlthe fuII:.tJtreeyears, thinks the suits are tplproper,~,
are mterpn;;mg the law, they shouldn t
.. to recover expenses front a presidential they are responsible for repaying the. Macke said he ~ould like to. get his be doing It, Mr. Allen said.
}liUpti!ey~ ~~t
t,
=s=. .
lO:
'Oo.j
I'
i
't~,
starting at 11 am on Monday. ,
:t:~~o;'
antique mall
.---....
http://naacpcincinnati.org/index.
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311912015
http://naacpcincinnati.org/index.php?option=com~content&task=view&id=47
Page 2 of2
3119/2015
NAACP Cincinnati
Click on "Read More" below to See President Smitherman's detail comments. Also, click on this link to the code of ethics
for the Sheriff and decide for yourself: Is Sheriff Simon Leis a crook? Link: Code of Ethics of the Office of the Sheriff
Dear Membership
and Community,
You determine whether Simon Leis is a crook. The United States of America is in the middle of a recession. The State of
Ohio is one of the states with the highest home foreclosures in the country. The Hamilton County Sheriff is
administratively responsible for conducting the auction process. Therefore, he has the ability to hire appraisers who
evaluate the home values.
Sheriff Leis hired six appraisers. All of them are his friends. All of them are white, male registered republicans. All of them
have made the maximum contributions to the sheriffs re-election campaigns(with the exception of one) and participated
in his golf outing each year. All of them made more than $165,000 last year with one making $250,000. Supposedly, they
appraised 50 homes a day because the foreclosure rate is so high.
The human backdrop to this is that families are losing their homes. Yet, our county official, Simon Leis, appears to be
taking advantage of this tragedy and making big money for the good ole boy network. Oh, did I mention that Simon Leis is
a sworn officer of the law which includes the commitment to protect and serve? My understanding is that he swore to
protect and serve all county residents equally, not selectively.
Remember, no one is running against the Sheriff because the Democratic Party cut a deal. (I have already expressed my
disbelief and concern about that topic.) The purpose of the deal is to allow County Commissioner, Todd Portune, to run
unopposed. Commissioner Todd Portune, I suspect, will not call a hearing into Simon Leis' involvement in this gross
overcompensation of appraisers. I also suspect that County Prosecutor, Joe Deters, (who is also part of the deal to run
unopposed in November 2008) will not investigate--nor prosecute--either.
The claim is that no investigation is necessary because there is not illegality. However, I strongly assert that appraising
50 homes a day is impossible. That calculates to one house every six minutes within an eight hour day without a lunch
break. this is how the white power structure "hooks up" their boys. I advise any African American in Hamilton County
reading this message not try to "break into this market" (please forgive the pun) of foreclosure appraisals because YOU
WILL "go directly to jail" without passing go; without collecting "$200". That's the law in Hamilton County. 700 WLW Bill
Cunningham the protector of the system is very quiet. He is very quiet on this topic because his wife got the "hook up"
with the promotion to the higher court of Appeals over a qualified African American. They call this Affirmative Action.
The County is being run like the Mob. The boss is Sheriff Simon Leis. A large number of the Judges are controlled by the
Columbus, OH " pay to play" County Prosecutor, Joe Deters who replaced another Crook by the name of Former County
Prosecutor, Mike Allen better know as "Horn Dog 67 or 68 or 69". Is this the same Mike Allen who is now on Fox 19 as a
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NAACP Cincinnati
legal analyst? We can not forget how they ended Officer Lt. Colonel Ron Twitty's almost 30 year career for a fender
bender that the "White Power Structure" said he lied about. During Black History month allow me to point out that Twitty is
African American and now the poster child in Hamilton County of what you get if you "tell a lie" as an Officer of the Law. The
County is run like the Mob with a strong support cast of cronies. They decide each day who broke the law and who gets
.
a pass. Now with all this corruption the City of Cincinnati wants to place cameras in our neighborhoods to take pictures of
our cars to balance the City budget. What will they think up next? The question is stop running around scared as a
people and lets come together and fight back to protect our Community. Our children are watching us.
Christopher
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