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Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts

Wednesday, August 29, 2012

NEWS ROUND-UP -- WEDNESDAY EVENING 29 AUGUST


THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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by Michael Monks 
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ERLANGER SCOFFS AT MERGED DISPATCH CENTER
The City of Erlanger is not anxious to join the City of Covington and other in the new consolidated Kenton County 911 emergency dispatch center:
“The bottom line is this, this is Erlanger’s position on dispatch. Erlanger will continue to dispatch its emergency services, and those who are partner cities that choose to remain for as long as it is economically possible,” (Erlanger Mayor Tom) Rouse said. “If and when the new system becomes as good as our system and as efficient with the money, we will consider joining. And that’s been our position all along.”
Full story: Cincinnati Enquirer/Libby Cunningham 
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WHAT'S UP WITH THIS SINKHOLE ON RUSSELL STREET?
A reader emailed The River City News and said that this apparent sinkhole has just been all sinkin' and holin' on Russell Street between Fifth & Sixth since March:

Anyone know why this hasn't been attended to?
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DON'T MISS WEDNESDAY MORNING'S NEWS!
Should Covington Schools drug-test its students? A public meeting tonight discusses the issue; Whoa... how much did you pay for gas this morning?; Plus, a fall fashion show tonight in Downtown Covington. Those stories and much more at the link.
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QUICKIES
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KY homeowners are benefiting from foreclosure settlement Jack Conway 
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Tropical storm Isaac could affect Kentucky agriculture, livestock Lane Report 
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KY electrical line workers head to Gulf Coast to help out WKYT 
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81-year old KY man charged in shooting death AP 
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Sec. of State Grimes makes Nov. 6 official date for special election to fill Geoff Davis's Congressional seat press release
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Sen. McConnell downplays Ron Paul rift in GOP WFPL 
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Anti-tax pundit Grover Norquist previews what a US Senate would like with Sen. McConnell as majority leader WFPL 
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Gov. Beshear names a new chief of staff Bluegrass Politics 
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Governor creates task force to tackle substance abuse, mental health issues among veterans press release 
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White House puts Hardin County in drug initiative Herald-Leader 
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Kenton Co. Library creates scary video Cincinnati Enquirer 
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Assistant attorney general urges students to fight bullying WKYT 
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Cincinnati Port Authority begins landbanking effort Cincinnati Enquirer 
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Grant will help NKU retain STEM students NKU 
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KY State Fair attendance down slightly State-Journal 
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Thoroughbred leaders: KY drug rules being held hostage Herald-Leader 
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State taking orders for fifty kinds of trees Herald-Leader 
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MAN CHARGED IN KIDNAPPING WANTS TO DUMP COVINGTON LAWYER
A guy accused of abducting a shopper at the Crestview Hills Town Center last year says he can't get along with his attorney:
Joseph Weir interrupted his own competency hearing Tuesday in federal court by raising his left hand, showing off a blue-colored cast decorated with a UK logo, and asked that lawyer F. Dennis Alerding be removed.
“Trying to have a conversation with Mr. Alerding just doesn’t seem possible,” Weir said. “I don’t feel like I’m being represented in a serious manner.”
Weir gave U.S. Magistrate Judge Candace Smith a list of grievances that included allegations Alerding cursed and told him, “If you don’t like me, why don’t you just fire me.”
Full story: Cincinnati Enquirer/Jim Hannah
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MEETING SET FOR NEXT WEEK ABOUT FUTURE FOOD TRUCK EVENTS
Via C'est Cheese mobile food truck:

 ...the plan is to do them monthly. The team that puts them on and the participating trucks are supposed to be meeting next week to discuss future logistics. I'll be sure to publicize dates as soon as they're set! 
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WORK ON MAINSTRASSE POPEYE'S MOVING ALONG
The folks opening the new Popeye's at Fifth & Main Streets are wasting no time in getting the former Skyline Chili location in order...


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HISTORICAL MARKER TO HONOR BLACK SETTLEMENT OF STONETOWN
A new historical marker will go up in Scott County:
The Kentucky Historical Society (KHS) will dedicate a historical marker to honor the African-American settlement of Stonetown at 2 p.m. Sunday, Sept. 9, at 176 Stonetown Road in Stamping Ground.

In the 1780s, slaves were brought to Scott County with their white owners as part of the “traveling church,” a Baptist exodus from Virginia. After the Civil War, they purchased land and settled in Stonetown. The community had a school and two churches, one of which, the First Baptist Church, is still open today. In 1877, many former slaves moved farther west to newly formed Nicodemus, Kan.

This marker dedication is part of a weekend-long celebration of the 135th anniversary of that migration from Kentucky to Kansas. Descendants of those early settlers; Angela Bates, executive director of the Nicodemus Historical Society; and Kent Whitworth, executive director of the Kentucky Historical Society, will be in attendance.
Via press release.
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HOT DOG! CINCINNATI IS NUMBER ONE!
Eat it, Chicago!
Crain’s Chicago Business and Food Genius, a Chicago-based food data analytics company, paired up to see where Chicago ranked in terms of hot dog availability. Chicago ranked as the 28th Top Hot Dog City, with only 1.2 percent of menus containing hot dog items, according to Food Genius’s database of restaurant menus. The Queen City, and we should all be proud of this, ranked No. 1. Nearly 7.3 percent of our restaurant menus contain hot dog items.
Full story: Business Courier/Tom Demeropolis 

Monday, August 27, 2012

CONVICTED: MUGSHOT ROUND-UP 27 AUGUST


THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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In this week's edition of the Mugshot Round-Up, The River City News spoke with the author of This Week in Kenton County Court, Kenton Co. Commonwealth's Attorney Rob Sanders. He will now offer more elaborate explanation about some of the issues presented in his weekly newsletter and you can read his answers right here at RCN. 
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RCN: Every week there are multiple convictions related to heroin. Is this drug growing in use in the county? What does that mean for the community?
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SANDERS: Heroin is a plague. It has taken over the drug scene in just a couple years and the problem is still growing. What many folks don't realize is almost every Burglary, Forged Instrument, Theft, and Receiving Stolen Property case is the newsletter is a heroin addict trying to get money for drugs. It all starts with pain pills which are easy to get (legally or illegally) but expensive. Heroin is very cheap. When pill addicts run out of cash, they start shooting or snorting heroin. I could go on for hours about heroin but, in short, there's only 2 ways off heroin: death or prison.
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RCN: These folks who are listed under the "Failure to Appear" header, what kind of extra trouble are they going to be in?
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SANDERS: If the defendant had notice of their court date and failed to appear, they can be charged with Bailjumping which is a D felony carrying an additional 1-5 years.
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RCN: What's up with the mugshots of a brick wall?
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SANDERS: We use the brick wall when there is no photo of the defendant. We get our mugshots off http://www.jailtracker.com/kncdc/kenton_inmatelist.html but some defendants are not on there either because they were never booked into the jail, or just a computer glitch. Originally I used a cartoon inmate with "No Photo Available" printed over it but then came across an empty photo of the brick wall one day and found it more amusing. This is easily the most common question about the newsletter.
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And now, let's take a look at who's going to prison, who got probation, and who's on the loose...
The following is part of a long list of individuals convicted this week in Kenton County Circuit Court for crimes ranging from burglaries and robberies to drugs and child pornography and more.
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More mugshots with an explanation of the crime and length of recommended sentence is available at the link below, courtesy of Kenton County Commonwealth's Attorney Rob Sanders. Some have been sent away, some are awaiting sentencing, and others will get probation. Whatever they end up with, let's hope as a community that they return healthy and rehabilitated, otherwise the cycle continues. Click the link.

Saturday, August 25, 2012

NEWS ROUND-UP -- SATURDAY 25 AUGUST


THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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by Michael Monks 
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FIRE BREAKS OUT IN HELENTOWN APARTMENT
A block on Scott Boulevard had to be shut down late Friday evening after flames broke out inside the first-floor apartment of a 3-unit building. The Covington Fire Department acted quickly to put out the fire. No one was inside the unit at the time and no one was injured. A cause and damage estimate have not been released to the public yet.
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QUICKIES
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Covington teen convicted of murder, robbery Cincinnati Enquirer 
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Kenton County suit against petitioning company dismissed Cincinnati Enquirer 
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Former daycare worker pleads guilty in duct tape incident WKRC 
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All Kentucky courts, including driver's license offices, will be closed as part of a furlough on Tuesday, September 4 press release 
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Rep. Yarmuth: Expanding Medicaid in Kentucky has benefits that outweigh the costs cn|2 
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Sen. McConnell: A GOP Senate could repeal Obamacare Cincinnati Enquirer 
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PHOTOS: NKY Chamber of Commerce welcomes Sen. McConnell in Covington Facebook 
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Kenton County delegates headed to national Party conventions Cincinnati Enquirer 
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Louisville man arrested for trapping, killing squirrels out of season Courier-Journal 
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Kentucky authorities search for possibly armed marijuana dealers State-Journal 
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White House puts signature beer recipe up for grabs The Hill 
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1972 Olympic Basketball Team to reunite in Kentucky WBKO 
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NEW HEADMASTER APPOINTED TO LEAD COVINGTON LATIN
Diocese of Covington Bishop Roger Foys has named Mo Woltering to lead Latin School:
"I am so pleased that Mr. Woltering has agreed to accept the position as Headmaster of our Covington Latin School. The Latin School, from its founding, has provided students with a high quality education that is thoroughly Catholic. Like every Catholic school, our primary purpose is to transmit our Catholic Faith. I have no doubt whatsoever that Mr. Woltering sees and believes this to be our goal at the Latin School. Mr. Woltering brings with him a deep love of the Faith and of the Church which will be a true blessing for the Latin School. I look forward to being more actively involved in Covington Latin School myself as was the intention of Bishop Howard when he established it."
Woltering, a Cincinnati native and a graduate of St. Xavier High School, is coming from northern Virginia, where he held several key positions in Catholic organizations including: Executive Director of the Cardinal Newman Society, Director of Public Policy for the American Life League and, most recently, Academic Dean and Director of Development for Holy Family Academy.
Full story: Cincinnati Enquirer 
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ONLY 1 IN 4 HIGH SCHOOL GRADS ARE COLLEGE READY
More dreary news about the state of education in America from the folks at ACT:
Science was by far the worst tested subject (31% met the benchmark), followed by math (46%), reading (52%), and English (67%). Compared with previous scores, the results are nearly identical to those recorded over the last four years, with the composite score average holding steady at or near 21 since 2008.
Full story: Gawker 
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HOLMES HOLDS OFF SCOTT, HOLY CROSS IS THUMPED BY COOPER
It was a beautiful night for some high school football...














Holmes 21, Scott 15
Full story: WCPO 
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Cooper 49, Holy Cross 7
Full story: Cincinnati Enquirer 
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CHECK OUT THE HOMES THAT WON COVINGTON BEAUTIFICATION AWARDS
The Friends of Covington handed out its 2012 beautification awards on August 8 (The River City News was there and you can see the full list of winners by clicking here) and have no shared photos of all the houses:
See more: Friends of Covington Facebook 

Monday, August 20, 2012

CONVICTED: MUGSHOT ROUND-UP 20 AUGUST


THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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YOUTH PASTOR SENTENCED FOR SEXUAL ABUSE OF BOY
The full story behind the arrest, conviction, and sentencing of Jason Cline who sexually abused a 13-year old boy while serving as a youth leader at a local church, via Kenton County Commonwealth's Attorney Rob Sanders:
Jason Cline
On September 1, 2011, an employee of Community Family Church in Independence observed Jason Cline touching a 13 year old boy. The touching was not sexual at the time but obviously inappropriate. The employee reported the observation to the boy's mother. The mother became angry, called Cline, and demanded that he stay away from her son. After the call from the boy's irate mother, Cline began calling and text messaging other members of the church and made admissions to inappropriate sexual contact with the boy. The boys parents contacted church leaders and a meeting was held the next day. After the meeting, the church's pastor notified Cline that he was being removed as a Youth Leader and was no longer welcome at the church. During the meeting Cline admitted he "relieved the juvenile on several occasions" in an apparent reference to providing manual sexual gratification.
The boys parents also contacted Kenton County Police. Detective Rob Scroggin was assigned to investigate the case and began collecting statements, text messages, and emails from the various witnesses with whom Cline had communicated. Originally the victim downplayed the extent of the abuse to his parents. When interviewed at the NKY Children's Advocacy Center, however, the boy disclosed seven incidents of abuse during the months of July and August, 2011. When Detective Scroggin went looking for the suspect, Cline was nowhere to be found in NKY and reportedly hiding in Ohio. On September 15, 2011, Scroggin sought and received a warrant for Cline's arrest, charging him with 1st Degree Sexual Abuse. Cline was subsequently arrested and returned to Kenton County. Cline was then indicted by the Kenton County Grand Jury for 7 counts of the same offense for the sequence of events with the same child victim.
The case was called for trial before Kenton Circuit Judge Patricia Summe on August 15, 2012. Asst. Commonwealth's Attorney Megan Mersch presented testimony and evidence from Detective Scroggin, the juvenile victim, the victim's mother, the church pastor, and three additional church employees to whom the defendant made admissions. A representative of Cricket mobile phones was also flown to Kentucky to testify to the authenticity of the text message admissions found in the Defendant's phone records. Cline took the stand in his own defense and claimed he only provided "sports massages" to the 13 year old and that any witness who got the idea things were sexual was mistaken.
At the conclusion of the two day trial, jurors took just over an hour to convict Cline as charged on all counts. At the sentencing phase of the trial, Cline faced 1 to 20 years in prison. Jurors took about 2 hours to decide Cline should go to prison for 15 years. Cline must also register as a sexual offender and be subjected to numerous restrictions upon his release from prison. Formal, final sentencing will take place in September.
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Who's going to prison? Who got probation? And who's on the loose?
The following is part of a long list of individuals convicted this week in Kenton County Circuit Court for crimes ranging from burglaries and robberies to drugs and child pornography and more.
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More mugshots with an explanation of the crime and length of recommended sentence is available at the link below, courtesy of Kenton County Commonwealth's Attorney Rob Sanders. Some have been sent away, some are awaiting sentencing, and others will get probation. Whatever they end up with, let's hope as a community that they return healthy and rehabilitated, otherwise the cycle continues. Click the link.

Saturday, August 18, 2012

CLASS ACTION SUIT THREATENED IN VACANT SCHOOL BOARD SEAT CASE


THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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by Michael Monks 
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The day-to-day monitoring of how a vacant seat on the Covington School Board will be filled has taken another turn. As of Friday afternoon, Mark Young remained the sole candidate in a separate election to fill the seat vacated by Denise Varney August 2 after Kenton County Clerk Gabrielle Summe decided that state statute does require an election since Varney has more than a year left in her term and since the resignation came before the filing deadline of the next November election. Summe explained her rationale in an interview with The River City News Friday afternoon. 
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"My putting it on the ballot was purely based on two things: one there had obviously been a tendered resignation and then somebody obviously relied upon something to go forward and advertise that there is a position," Summe said, referencing the legal ad run twice now by Covington Independent Public Schools promoting the vacancy and soliciting applicants to seek an appointment, as mandated by the first part of the state statute in question. "So I then said the second part of the statute really triggers which is if there is an unexpired term for a year or more, then it needs to be on the ballot."
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The Covington School Board attorney and possibly also the Kentucky Department of Education do not believe that an election is required because Varney's resignation has not been accepted. That has created a legal dispute over when a resignation goes into effect: at the time it is issued and received or at the time that it is formally accepted, and then, what does it mean to be formally accepted? Questions also arose following Young's placement on the ballot because his name was added until after the filing deadline. Young's application to run was initially denied because the County Clerk's office had not been notified of a vacancy on the school board. Summe explained that the law gives her twenty-four hours to research any issues related to races and candidates before finalizing the list. 
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"I received an email from Mr. Young's attorney telling me that they will be filing suit against me and he brought up the issues and I said, well, a lawsuit isn't going to sway me one way or another, but I will look into the issue," Summe said. "The next morning I called the state Board of Elections, the Department of Transportation, and as I gathered facts, I confirmed with (Kenton County attorney) Garry Edmonson and we concluded based on the timing and based on the presentation of facts, that there seemed to be acceptance (of Varney's resignation) based on advertisement of the open position and it was four days prior to the (filing) deadline." At that point, Summe said, the second part of the state statute regarding school board vacancies went into effect, requiring an election.
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Young's name being added to the ballot has been met with criticism from at least one candidate in the regular school board election in which ten people are running for three open seats. Young is the sole candidate running in a separate election to replace Varney. "This is unfortunate for those who properly applied for the appointment and that's where I know there may be some kind of suit pending," Summe said, "because frankly, they didn't have an opportunity to file." Write-in candidates wishing to compete against Young have until October 26 to declare their candidacy.
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Summe also warned that a possible stop to the separate election could occur if an emergency injunction is issued as the legal case weaves its way through the process. "I really didn't call a special election, I just applied facts of statute that required me to put it on the ballot," she said. "So, we'll see what happens from there and see what their reaction is."
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Whatever their reaction was, their being a reference to opponents of the legality of Young's candidacy, a change came late Friday night. Brandon Voelker, the attorney representing Young, issued a letter to both Summe and Edmonson, the county attorney, with a case file attached that he claims the Kentucky Department of Education supplied to Mary Ann Stewart, the attorney for the Covington School Board who does not believe an election should be called. The case attached, from 1962, involves a Carter County superintendent versus the Kentucky State Board of Education. Part of the judgment in that case concluded, "Resignation of public officer, in absence of statute, does not become effective until accepted by proper authority or by equivalent action such as appointment of successor."
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Voelker does not buy it. "The superintendent at a board meeting advised the public of the opening and in fact had, per instruction from KDE, caused to be published in the paper the notice of vacancy to seek the appointment. To adopt that argument would require that the Commissioner can seek candidates to fill the position, but simply not accept the resignation to avoid an election," Voelker wrote. "As elected officials in Kenton County, I hope that the County Attorney and County Clerk do not believe that advising the public of an opening, but then not "accepting" a resignation to avoid an election is proper. I have discussed with my client and will file suit, I have also been contacted by voters, willing to file a class action against the clerk's office for seeking to thwart a proper election being called and allowing governmental actors to avoid having an election held where a resignation was more than timely tendered to allow the people, not buearacrats to decide their representative. I have known both of you a long time and I cannot believe that this what you believe is truly right and proper toward the voters of Covington."
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The message there implies that a change has occurred involving Young's status as a candidate but as of this writing, that remains unconfirmed. Voelker's letter also references attorney Mary Ann Stewart as not only representing the Covington School Board but also that she serves as counsel to Summe. Voelker wants Stewart removed from the process. 

Monday, August 13, 2012

CONVICTED: MUGSHOT ROUND-UP 13 AUGUST


THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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Who's going to prison? Who got probation? And who's on the loose?
The following is part of a long list of individuals convicted this week in Kenton County Circuit Court for crimes ranging from burglaries and robberies to drugs and flagrant non-support and more.
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More mugshots with an explanation of the crime and length of recommended sentence is available at the link below, courtesy of Kenton County Commonwealth's Attorney Rob Sanders. Some have been sent away, some are awaiting sentencing, and others will get probation. Whatever they end up with, let's hope as a community that they return healthy and rehabilitated, otherwise the cycle continues. Click the link.

Saturday, August 4, 2012

CONVICTED: MUGSHOT ROUND-UP 4 AUGUST

THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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SEE PREVIOUSLY:
A fist fight between girls on the Eastside ended with a man shot last summer. Now two people are headed to prison. Full story at the link.
Full story: 
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Who's going to prison? Who got probation? And who's on the loose?
The following is part of a long list of individuals convicted this week in Kenton County Circuit Court for crimes ranging from burglaries to drugs and more.
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More mugshots with an explanation of the crime and length of recommended sentence is available at the link below, courtesy of Kenton County Commonwealth's Attorney Rob Sanders. Some have been sent away, some are awaiting sentencing, and others will get probation. Whatever they end up with, let's hope as a community that they return healthy and rehabilitated, otherwise the cycle continues. Click the link.

Friday, August 3, 2012

TWO PEOPLE CONVICTED AFTER FIGHT BETWEEN GIRLS LEADS TO SHOOTING

THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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Last summer a fist fight involving several girls in Covington's Eastside was broken up by a man who ended up shot less than two hours later. Kenton County Commonwealth's Attorney Rob Sanders shares the tale:
Alvin McDaniel
On June 23, 2011, at 6:30 p.m., Covington Police Officer Ryan Eldridge spotted commotion in the 1400 block of Wheeler Street. Upon investigation, Eldridge and other officers learned there had been a fist fight between several juvenile girls moments earlier. The fight was broken up by Boysie Washington, who's daughter was one of the combatants. After the girls were separated, one tried to attack Washington's daughter again. Washington intervened and shoved the girl away. Under KY law, officers can only make an arrest for misdemeanor assault if the officer witnesses the assault (other than domestic violence). The parties separated and went their separate ways, however, several hoostile comments were made about Washington "putting his hands on a girl." 
Iris Jennings
Shortly after 8 p.m., Covington Police were called back to the same location for a shooting. Officers located Washington suffering from gunshot wounds to the arm, back, and leg. Washington was losing consciousness and unable to speak. Tarsha Henderson was also discovered to have been shot in the hand. Covington Fire Dept. paramedics transported Washington and Henderson to University of Cincinnati Medical Center for treatment. Three juvenile females witnessed the shooting and told officers a gold car drove by 10-15 minutes earlier. When the car returned, a woman known to them as Iris Jennings leaned out of the car window and said "What's up Boysie?" The girls said Washington responded saying "What's up Iris?" During the exchange between Jennings and Washington, a man later identified as Alvin McDaniel, who was Jennings' boyfriend, exited the driver's side of the gold car with his right hand concealed under a towel. The girls told police McDaniel said "You think you can put your hands on my daughter" and pulled a handgun from beneath the towel. Before Washington could answer, McDaniel began firing. Washington was struck four times. Henderson was apparently an innocent bystander who was hit by an errant shot. Subsequent investigation would prove Jennings' daughter is no relation to McDaniel.

Covington Police Detective Corey Warner responded to conduct the investigation. While Warner was interviewing witness at police HQ, officers spotted Jennings standing outside the police department. Jennings was brought in for an interview. Jennings proceeded to deny being present for the shooting, claimed she was at a bar in Ohio when she began receiving messages about her daughter being in a fight, then lied about the name of the man that drove her to Kentucky. Jennings claimed she barely knew McDaniel and only referred to him by a street name. Detective Warner entered information about the shooter gathered from several interviews into a computer database that eventually suggested McDaniel as a suspect. Both Washington and Henderson subsequently identified a photo of McDaniel as the man who shot them.

McDaniel was arrested and charged with 2 counts of 1st Degree Assault. Jennings was arrested and charged with Facilitation of 1st Degree Assault. Both were indicted by the Kenton County Grand Jury for the same charges. McDaniel was also indicted for 2nd Degree Persistent Felony Offender. The case was called to trial before Kenton Circuit Court Judge Martin J. Sheehan on July 24, 2012. 1st Asst. Commonwealth's Attorney Jim Redwine presented testimony from both shooting victims, the three witnesses, Detective Warner, Lt. Greg Jones, Officer Eldridge, and Officer Homphothichak. Redwine also called a witness from Cincinnati Bell who produced text messages from Jennings to unknown persons indicating the shooting was about to take place and that Washington was the target. In addition, a Hamilton County Sheriff's Deputy testified he stopped McDaniel driving in the same gold car shortly after the incident. 
At trial, McDaniel never denied shooting Washington. Instead, he argued through his attorney that he suffered from "Extreme Emotional Distress" (EED) at the time of the shooting. Jennings denied any involvement in the shooting and claimed she had no idea it was about to take place. Washington took the stand in his own defense. In addition to the EED claim, McDaniel also threw in a claim that Washington also had a gun and shot first. This claim did not match the testimony of any other witnesses and his own lawyer never mentioned those facts in opening statements. After the four day trial, the jury returned a verdict finding both McDaniel and Jennings guilty as charged. The jury then convicted McDaniel of the 2nd Degree PFO charge as well, enhancing the punishment for the assaults from 10-20 years to 20-50 years or life. Had his EED defense worked, punishment would have been 1-5 years enhanced to 5-10 years but eligible for parole in only 20% of his sentence. Instead, the jury recommended a 20 year sentence on each count of Assault 1st Degree, and that the sentences run consecutively for a total of 40 years. The jury recommended a 1 year sentence for Jennings. McDaniel will not be eligible for parole until he has served at least 20 years of his sentence.