Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.
A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.
Krikorian is claiming victory in the dispute, and told CityBeat the lawsuit was an intimidation tactic by well-funded special interests.
“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money. It did not work.”
Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.
During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.
But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.
Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as one of the most corrupt members of Congress.
All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.
“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman, told The Enquirer today about dropping the lawsuit.
The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.
Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.
Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.
“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,” Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”
When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”
For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.
“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”
Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.
Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.
"It is inherently wrong to allow private businesses to make a profit off
the incarceration of others," said Brickner in an ACLU press release. “Our state’s
prison system is bloated, and private corporations have a vested financial
interest to ensure our prisons remain full. If state officials have any hope of
shrinking our prison population, we must implement transformative criminal
justice reform policies and reject interests that grow our prison system.”
Brickner suggests that concerned citizens contact their elected representatives to express their opposition to privatizing prisons. Read the ACLU's full report on privatizing prisons here.
A judicial conduct panel ruled this week that the primary election opponent of a local Municipal Court judge knowingly misrepresented himself in campaign materials.
The panel decided that retired appellate court judge William O’Neill from Cleveland left the impression that he is a current judge in a two-sided campaign card he distributed. In fact, O’Neill now works as an emergency room nurse at a hospital.
O’Neill and Hamilton County Municipal Court Judge Fanon Rucker are vying to be the Democratic Party’s nominee for the Ohio Supreme Court.
Whoever wins the March 6 primary election will face off against incumbent Justice Robert Cupp, a Republican, in the November general election.
The three-judge panel upheld the complaint filed by Richard Dove, secretary of the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline. The panel said O’Neill’s campaign card refers to him nine times as “judge,’’ while describing him as “former court of appeals judge’’ once.
“The fact that he is known as judge because of his tenure on the 11th District Court of Appeals and that as a retired judge he is known as a judge, he nevertheless as a judicial candidate is prohibited from using the term ‘judge’ before his name in campaign materials since he does not currently hold that office,’’ wrote Guernsey County Common Pleas Judge David Ellwood, who chaired the three-judge panel.
The panel recommended no discipline for O’Neill other than he stop distributing the card. A 5th District Court of Appeals judge must appoint a panel of five fellow appellate judges within the next week to consider the lower panel’s recommendations and make a final decision.
Rucker is the Ohio Democratic Party’s endorsed candidate, but O’Neil has twice before — in different races — had party leaders rescind an endorsement and give it to him.
O’Neill has run twice for the state Supreme Court — in 2004 and 2006 — and then Congress in 2008 and 2010. Although he has won in the primaries, O’Neill has lost in the general elections.
Local Democratic Party leaders are criticizing O’Neill, stating he is moving too slowly to remove misleading material from his campaign website.
“While Mr. O’Neill promised Monday to make the required corrections, as of this writing on Wednesday, Feb. 29, his website remains unchanged,” Hamilton County Democratic Party Chairman Tim Burke wrote in a statement issued Wednesday night.
“This is not the kind of conduct we as Democrats should condone by any of our candidates, especially candidates running for a seat on the highest court of our state,” Burke added. “Ohioans deserve a Supreme Court candidate who not only understands the law, but respects it as well.”
For more on the O’Neill/Rucker race, see this week’s issue of CityBeat.
Sorry, Dr. Suess.
For the second time in three years, a Catholic priest has been pulled from parish duties from out of state and returned to Greater Cincinnati following allegations of sexual abuse.
The Rev. Robert F. Poandl was relieved of his ministry assignment as pastor of Glenmary missions in Georgia earlier this month and ordered to return to the Glenmary Home Missioners residence in Fairfield.
The action was taken after the Rev. Chet Artysiewicz, Glenmary president, was informed of an allegation of sexual misconduct involving a minor against Poandl. The abuse allegedly occurred about 30 years ago. Poandl, who is 70, has denied the allegation but isn’t allowed to publicly function as a Catholic priest during the investigation process, Artysiewicz said.
Artysiewicz is Poandl’s direct supervisor.
Police have been notified of the anonymous allegation, as have bishops in the dioceses affected by the investigation, including the Diocese of Savannah where Poandl was serving. The chairperson of the Glenmary Review Board was notified on Feb. 11, and an internal investigation was launched to determine the allegation’s credibility.
"I am committed to maintaining accountability and transparency as this investigative process unfolds," Artysiewicz said in a prepared statement. "Father Poandl and I have both pledged our full cooperation in this investigation, and I will do whatever I can to meet the pastoral needs of all those involved."
In August 2010, just days before his trial on molestation charges in West Virginia was set to begin, all charges against Poandl were dropped. Poandl allegedly abused a boy on a trip there in 1991, when the complainant was just 10 years old. The case was dropped due to unspecified issues during the discovery process related to the boy's medical records.
The turn of events prompted the Survivors Network of those Abused by Priests (SNAP) to write to 11 bishops in dioceses where Poandl worked, asking them to use their resources to contact others who might have been sexually abused by him, but only one in Texas replied.
Besides Cincinnati, Poandl worked in Kentucky (Franklin), Louisiana (New Orleans), Pennsylvania (Mifflintown and Doylesburg), Mississippi (Aberdeen), Oklahoma (Hugo), Texas (Pittsburgh and Mount Vernon), and most recently in Georgia (Claxton, Pembroke, Sandhill, Blairsville and Dahlonega).
He is originally from Metuchen, N.J., and studied in Ohio, Indiana and Mexico.
After the most recent allegation, SNAP has urged Artysiewicz to put Poandl in a secure treatment center away from children and pro-actively seek out others who may have seen, suspected or suffered from his alleged crimes.
In other news of possible priestly misconduct, jury selection continued today in a Philadelphia case involving two priests charged with rape and a monsignor charged with protecting them.
Monsignor William Lynn lost a bid to have his case thrown out based on new evidence found in a 10th-floor safe at the Archdiocese of Philadelphia. A memo turned over by the archdiocese this month states the late Cardinal Anthony Bevilacqua ordered his top aides to shred a list of 35 accused priests still in ministry in 1994 — a decade before the child abuse scandal became widely publicized.
Lynn said he prepared the list and gave it to Bevilacqua after he became secretary for clergy in 1992 and started reviewing secret archives of priest abuse complaints. The complaints were kept in a secure room, rigged with an alarm, at the archdiocese's downtown headquarters.
A ruling that resulted in a temporary halt in Ohio executions last week means there are 148 inmates on Ohio's death row with uncertain futures. Ohio's death penalty is currently under scrutiny, largely due to opposition that's been raised from documented failures to follow protocol in state executions.
In January, Federal District Court Judge Gregory Frost of Newark, Ohio halted condemned murderer Charles Lorraine's Ohio execution because Ohio has allegedly demonstrated problems over the last several months upholding the execution protocol the state put in place itself in 1981. On Feb. 8, the U.S. Supreme Court upheld Frost's decision, saying that because Ohio had been proven to stray from its own execution policies, it couldn't be trusted to carry out Lorraine's execution or any other death sentences. The next execution in Ohio is scheduled for April.
Frost is one of several advocating for the abandonment on Ohio's death penalty. "For close to eight years, the Court has dealt with inmate challenges to the constitutionality of Ohio’s execution protocol. During that time, the litigation has morphed from focusing primarily on allegations of cruel and unusual punishment to allegations of equal protection violations. Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," said Frost in his written opinion.
He goes on to describe instances in which state agents lied to the Court concerning state executions, expressing frustration about the state's lack of commitment to constitutional execution. "No judge is a micro-manager of executions and no judge wants to find himself mired in the ongoing litigation in which he must continually babysit the parties," said Frost.
That's just a piece of it; there are other judicial bigwigs hoping to have Ohio's death penalty overturned, including Senior Associate Justice for the Ohio Supreme Court Paul Pfiefer, who helped write Ohio's death penalty law when he was a state senator more than 30 years ago. According to Pfeifer, he's changed his mind because he sees the option of life without the possibility of parole more moral and socially beneficial.
Evidently, most of the deviations from the execution regulations were minor paperwork technicalities. Huffington Post reports the errors included switching the official whose job it was to announce the start and finish times of the lethal injection and not properly documenting that the inmate's medical records were reviewed.
Those in support of the hold, however, make another point. Controlling life and death is the most important power the state of Ohio holds; if it can't follow minor rules that it set for itself, who's to say there won't be larger, more detrimental errors in the future?
It's difficult to tell whether or not Ohio will just get a slap on the wrist for its slip-ups or if reform will be seriously considered. The death penalty has almost always been a part of Ohio's history, since it became a state in 1803. Ohio ranked third in the U.S. for executions among the 34 states that have the death penalty in 2011.
Listen to Paul Pfeifer and hear more about the controversy on The Sound of Ideas radio program below.
You poison one little French farmer and all hell breaks loose. Giant chemical-maker Monsanto yesterday announced it plans to appeal a Monday ruling that one of its herbicides in 2004 poisoned French farmer Paul Francois, who says inhaling a Monsanto weedkiller led to “memory loss, headaches and stammering”(coincidentally, these are the same symptoms of the accidental hangover™).
In addition to the French farmer being pissed enough at the company for giving him a hangover when he was trying to work his farmland, there are about a million other people officially declaring themselves as against Monsanto via “Millions Against Monsanto,” an organic consumers association that campaigns for “health, justice, sustainability, peace and democracy.” If you accept the possibility of Monsanto obstructing even a majority of these five concepts, it’s easy to believe the company has enemies from a lot of different backgrounds.
That’s why Monday’s ruling by a French court finding Monsanto legally responsible for poisoning Francois and ordering it to compensate him has enlivened a bunch of angry activists.
Monsanto offers a wealth of content documenting the agricultural
biotechnology corporation’s government ties, tendencies to take
small dairies to court, refusal to compensate veterans for Agent
Orange and getting their nasty chemicals in normal people’s water
supplies. (Wikipedia is hilariously filled with references to things like dumping toxic waste in the UK, Indonesian bribing convictions and fines for false advertising.) Even 'ol boy Obama has gotten caught up in the mix with
charts like this one circulating on Facebook:
The latest news out of Millions Against Monsanto is the moving forward of a California ballot initiative to require mandatory GMO labeling that polls show has 80 percent support. According to the site:
"A win for the California Initiative would be a huge blow to biotech and a huge victory for food activists. Monsanto and their minions have billions invested in GMOs and they are willing to spend millions to defeat this initiative. California is the 8th largest economy in the world. Labeling laws in CA will affect packaging and ingredient decisions nation-wide. The bill has been carefully written to ensure that it will not increase costs to consumers or producers."
Back in France, our
friendly farmer will have to wait a while for whatever compensation
poisoning amounts to, as Monsanto says it will appeal the ruling.
According to The Washington Post: Monsanto spokesman Tom Helscher
says the company does not think there is “sufficient data” to
demonstrate a link between the use of Lasso herbicide and the
symptoms Francois reported.
"We do not agree any injury was accidentally caused nor did the company intentionally permit injury," Helscher said. "Lasso herbicide was ... successfully used by farmers on millions of hectares around the world."