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Almost 56,000 bridges are ‘structurally deficient’

Published: Wednesday, February 15, 2017 @ 9:20 PM

By Jim Otte

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UPDATE: Brock Turner’s appeal arguments ‘all lack merit,’ prosecutor says

Published: Monday, March 19, 2018 @ 2:17 PM

Brock Turner, seen in a 2017 Greene County Sheriff’s Office sex offender photo. CONTRIBUTED
Brock Turner, seen in a 2017 Greene County Sheriff’s Office sex offender photo. CONTRIBUTED

California’s attorney general responded to Brock Turner’s appeal effort in a filing made public Monday, arguing the Ohio sex offender was not deprived of due process or victim to prosecutorial misconduct during his 2016 trial.

In the 95-page court brief reviewed by the Dayton Daily News, the state’s attorney said Turner’s “claims of error all lack merit” and “could not — separately or together — infringe” on the Oakwood High School graduate’s legal rights.

MORE: Brock Turner’s Dayton Character witnesses key part of appeal

Turner’s new attorney, Eric Multhaup, filed a 172-page appeal in December seeking to clear his client of a conviction stemming from the January 2015 assault of a 22-year-old woman while Turner was a student and swimmer at Stanford University.

The appeal argued Turner was deprived of due process and alleged prosecutorial misconduct — in part by the use of the word “dumpster” in describing the location of the assault — as reasons he should receive a new trial. Multhaup did not respond to a request for comment Monday.  

A jury found Turner guilty on three felony counts: assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person, and penetration of an unconscious person. Turner was sentenced by Santa Clara County Superior Court Judge Aaron Persky to six months in jail, but served three months of the sentence.

The case — and Turner’s sentence — sparked a nationwide controversy and wide-ranging discussions about sexual assaults on college campuses.

The state argues there was “substantial evidence from which a rational jury could find appellant guilty beyond a reasonable doubt of all three charges.”

“That evidence included testimony by two independent eyewitnesses who saw appellant ‘thrusting’ on top of the victim half-naked and as she lay unresponsive on the ground,” the state’s brief said.

Turner’s attorney argued his client “was deprived of due process, a fair trial, and his right to present a defense” when the judge restricted testimony from four individuals with Dayton-area ties: Turner’s friend, an ex-girlfriend and two swim coaches.

MORE: Brock Turner’s classmates describe Oakwood party culture

Multhaup argued the court erroneously restricted the testimony of the four “to the trait of sexual non-aggression relevant to his conduct at the time of the offense … and excluded it as to appellant’s honesty and veracity.”

California’s response disputes Multhaup’s claim, arguing Turner’s “reputation for veracity among those who knew and liked him in high school was not the primary, or even a relevant, issue in the case.”

Multhaup also claimed prosecutors “malevolently” used the phrase “behind-the-dumpster” to describe the location of the incident because it implied Turner wanted to shield the incident from view and because “it implied moral depravity, callousness, and culpability on the appellant’s part…”

The state again disputed Multhaup’s claim, arguing Turner himself said the encounter occurred behind a dumpster.

California Deputy Attorney General Alisha Carlile filed the state’s brief Friday in California’s 6th Appellate District Court.

An Oakwood native, Turner is serving a three-year probation. He now lives in Greene County and is a Tier III sex offender, according to Ohio’s sex offender registry. The designation means he is required to register with the county every 90 days.

Read more stories from the Dayton Daily News:

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» Fairborn police: Schools won’t release records about arrested 12-year-old

» Menards to build new Fairborn store

» FBI offers $15K reward for missing teen boy who saw father killed

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Extra police officers called to Cherry Drive in Dayton

Published: Monday, March 19, 2018 @ 5:54 PM

A "signal 99" was activated for a police officer involved in some kind of police activity in the 300 block of Cherry Drive this afternoon.

OTHER LOCAL NEWS: New court filings highlight Brock Turner criminal case

The call to send additional officers was activated just before 5:30 p.m. and canceled minutes later. 

We have a crew on scene and we’re working to find out what is happening. Stay with for breaking news. 

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to

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Your bottled water is probably contaminated with tiny plastic particles, health experts say

Published: Monday, March 19, 2018 @ 5:52 PM


That water bottle you just purchased is likely contaminated with microplastic particles, according to a new investigation from researchers at the State University of New York at Fredonia and journalism organization Orb Media.

>> Read more trending news 

Through an analysis of 259 water bottles from 11 brands sold across nine countries, including the United States, scientists found 93 percent were contaminated with an average of 10.4 plastic particles per liter of water. That’s twice the amount of contamination typically found in tap water.

Major brand names such as Aquafina, Dasani, Evian, Nestle Pure Life and San Pellegrino were among the water bottles tested.

>> Related: Do you need 8 glasses of water per day? 6 myths and truths about drinking water

"In this study, 65 percent of the particles we found were actually fragments and not fibers," lead researcher Sherri Mason told AFP.

According to the research, the plastic debris found in the water bottles included polypropylene, nylon and polyethylene terephthalate, which is used to make bottle caps. The particles are likely a result of the industrial bottling and plastic packaging process.

But the effects of these chemicals on human health, scientists say, are still unclear. 

“As much as 90% of ingested plastic could pass through a human body, but some of it may end up lodged in the gut, or traveling through the lymphatic system, according to research by the European Food Safety Authority,” Time reported.

>> Related: Considering the water diet? Here’s what you need to know 

Previous research has linked synthetic chemicals often found in plastic to “certain kinds of cancer to lower sperm count to increases in conditions like ADHD and autism,” Mason said, prompting calls for further studies on the possible health implications of plastics pollution.

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Sobbing Hamilton teen sentenced for shooting death of her father

Published: Monday, March 19, 2018 @ 4:06 PM

Hamilton Juvenile sentenced for killing father

A Hamilton teen who pleaded guilty to the shooting death of her father, James Ponder, will spend at least six years in a juvenile prison.

The teen, now 15, was in Butler County Juvenile Court on Monday for an emotional sentencing in which she and family members sobbed. Last month she pleaded guilty to murder and a gun specification. She was originally charged with aggravated murder.

MORE: ‘I just shot my dad,’ Hamilton teen tells 911 dispatcher

On Feb. 23, 2017, the girl, then a high school freshman, picked up a 9mm handgun, loaded it and shot him in the head at their Millville Avenue home, according to police and prosecutors.

“I just shot my dad,” she told 911 dispatchers in a call placed moments after the shooting. She was arrested on the driveway of the family home when police arrived.

James Ponder Jr. said during the hearing in Judge Kathleen Romans’ courtroom that he believes his teen sister was coerced into shooting his father.

“She’s a 14-year-old girl. I don’t think it is possible for her to have done this on her own,” Ponder Jr. said

MORE: Hamilton teen pleads guilty to shooting death of father

A motive of the slaying has not been been offered and was not during Monday’s sentencing.

Defense attorney Matt Fritsch told the judge that his young client has no previous criminal background and that she had accepted responsibility for her actions.

The teen declined to speak before sentencing.

Ponder’s older daughter, Consuella Mendoza, stood not far from the teen and sobbed as she remembered her father.

“This is very hard,” Mendoza said. “My world stopped spinning … my daddy was priceless.”

Ponder’s sister-in-law, Jennifer Willman, said to the teen, “you destroyed happiness in our family.”

The grieving family members were all dressed in plaid for the hearing because James Ponder Sr. always wore plaid.

MORE: 14 items seized from house where teen said she shot her father

This news organization is not naming the teen because she is charged as a juvenile.

Romans sentenced the girl to the Ohio Department of Youth Services until her 21st birthday.

The teen received a blended sentence from the judge, meaning in addition to the juvenile sentence, an adult sentence could be imposed if she does not behave in the juvenile prison.

Romans gave the teen a mandatory adult sentence of 18 years to life in prison, if it is imposed after the juvenile sentence.

Prosecutors had requested the teen be tried as an adult, but Romans ruled the teen’s case would remain in juvenile court.

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