Judge: No subpoenas for neo-Nazi website publisher's family

Published: Friday, November 10, 2017 @ 10:41 AM
Updated: Friday, November 10, 2017 @ 10:41 AM

A federal judge has refused to give court-ordered permission for attorneys to question a neo-Nazi website publisher's relatives about the man's whereabouts.

A Muslim-American radio host's lawyers have been searching in vain for The Daily Stormer's publisher, Andrew Anglin, since they filed a libel lawsuit against him in August. They want to ask Anglin's father and brother under oath if they know where he is living, so he can be served with a copy of the suit.

U.S. Magistrate Judge Elizabeth A. Preston Deavers denied that request on Thursday, saying the "prejudice" to Anglin's relatives outweighs the need for such testimony. Deavers also refused to authorize subpoenas for services Anglin uses, such as web hosts, domain registrars, internet-service providers or banks.

"The Court acknowledges that locating (Anglin) has proven both challenging and frustrating," the judge wrote. "Yet, the Court is not persuaded that the present record establishes the good cause necessary to warrant the breadth of expedited discovery Plaintiff seeks and that he has exhausted all his efforts in this regard."

However, Deavers said she's willing to revisit the matter if the lawyers narrow the scope of their request.

SiriusXM Radio show host Dean Obeidallah's suit says Anglin published a post that falsely labeled him as the "mastermind" behind the May 22 terrorist attack at an Ariana Grande concert in England. Obeidallah, a comedian and Daily Beast columnist, said he received death threats after the article's June 1 publication.

Obeidallah's lawyers hired private investigators to look for Anglin in the Worthington, Ohio, area, where they suspect he's living. But they couldn't find him at any of the five addresses they checked.

Obeidallah's lawyers said Anglin has posted on social media about Obeidallah's suit and accused him of "openly mocking" the court.

Anglin's site takes its name from Der Stürmer, a newspaper that published Nazi propaganda. The site includes sections called "Jewish Problem" and "Race War."

The site has struggled to stay online in the aftermath of violence at a white nationalist rally in Virginia over the summer. Domain name registration companies Google and GoDaddy yanked the site's web address, effectively making it unreachable, after Anglin published a post mocking the woman killed in a deadly car attack at the Charlottesville rally in August.

Other lawyers also are trying to find Anglin. In April, a Montana woman sued Anglin for orchestrating an anti-Semitic trolling campaign against her family. Her attorneys from the Southern Poverty Law Center also have accused Anglin of trying to conceal his whereabouts.

The 45th annual Dayton Holiday Festival kicks off today

Published: Friday, November 24, 2017 @ 4:22 AM

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The holiday season kicks off in Dayton today with the annual Grande Illumination and Dayton Children's Parade Spectacular in Lights.

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This year marks 45 years celebrating the Dayton Holiday Festival, presented by Dayton Power & Light.

The event will be held at Courthouse Square and surrounding buildings from 4-9 p.m. with the tree-lighting ceremony at 7:45 p.m. and the parade immediately following. Hundreds of thousands of lights will illuminate the 45-minute parade, which will feature a variety of floats, entertainers, animals and several surprises.

RELATED: Christmas officially arrives starting this weekend

Activities planned include the live reindeer display, musical entertainment, carnival rides and games, holiday crafts and games, horse-drawn wagon rides, the Tike's Shoppe and a gingerbread house contest.

A complete list of festival events is available online, as well as a calendar of other downtown holiday events.

PARADE ROUTE: 

The parade will begin at 7:50 p.m. at Second and Wilkinson streets. It will proceed east on Second Street to south on Main Street, then to west on Fourth Street. When at Fourth and Perry streets, the parade floats will disband and stage for escort to their designated storage area.

Streets to Be Closed for Dayton Holiday Festival:

  • Closed from 9 a.m. until 10 p.m.:  Third Street between Main and Ludlow
  •  Closed from 3 p.m. until 10 p.m.:  Second Street between Perry and Vista View 
  • Closed from 5:30 p.m. until 10 p.m.:  Wilkinson Street between Second and Third,  Ludlow Street between First and Second
  •  Closed from 7 p.m. until 10 p.m.:  Main Street between First and Fifth, Second Street between Jefferson and Perry, Third Street between Jefferson and Perry, Fourth Street between Jefferson and Ludlow, Wilkinson Street between Maple and Fourth, Southbound Red Cross Lane between First and Second, Southbound Stafford Street between First and Second

RELATED: This breathtaking holiday light display is celebrating 27 years

The Dayton Holiday Festival, presented by DP&L, is a program of the Downtown Dayton Partnership, the City of Dayton, Montgomery County and the Mrs. Virginia W. Kettering Dayton Holiday Festival Fund.

Police officer shoots suspect while responding to domestic incident

Published: Friday, November 24, 2017 @ 6:21 PM

A female police officer shot a suspect multiple times after police said he pointed a handgun at her while she responded to a domestic incident this afternoon.

Colerain Twp. police responded to the 7800 block of Thompson Road around 3:30 p.m., according to investigators.

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When the female officer arrived on the scene the suspect, Gary Sanzone, 66, pointed a handgun at the officer and she fired multiple shots at Sanzone.

Sanzone was taken to a local hospital in unknown condition, police said.

The Cincinnati Police Department will be investigating the shooting, police said.

The officer was not injured in the shooting.

Local pig cruelty allegations: Appeals court rules against owners

Published: Friday, November 24, 2017 @ 4:39 PM


            Brian Weltge, President and CEO of the Humane Society of Greater Dayton, last year discussing four new projects. STAFF
Brian Weltge, President and CEO of the Humane Society of Greater Dayton, last year discussing four new projects. STAFF

A state appeals court has reversed a trial court’s decision to grant a motion to suppress in an animal cruelty case out of Drexel and involving pigs.

Two brothers were charged with seven counts of animal cruelty, a second-degree misdemeanor, after an agent with the Human Society of Greater Dayton seized seven pigs from their property at 6719 Dayton-Liberty Road.

On Jan. 7, Humane Society agent Heather Concannon removed seven pigs from a property that she says “we’re freezing to death,” including piglets whose teeth were chattering and their ears were shaking, according to her testimony in municipal court for the western division of Montgomery County.

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She testified that it was 6 degrees outside, not accounting for the wind chill.

Concannon said there was an ongoing investigation into cruelty to animals at the property since 2015. She testified that on Jan. 3 she heard what sounded like an animal in distress and walked up the driveway where she discovered a pig enclosure, according to documents from the Second Court of Appeals of Ohio for the second appellate district.

The pigs were stuck in cold mud and were at risk of hypothermia, Concannon testified, and she told the property owners they needed to remedy the hazardous conditions of the pens by the weekend. She said the brothers had agreed to fix the problems by the afternoon of Jan. 7.

But Concannon removed the pigs sometime after 12:01 a.m. Jan. 7, which she claims was necessary to save their lives. She testified that a storm was coming in and she had to act quickly.

As a result of the seizure, animal cruelty charges were filed against the brothers.

The defendants argued that Concannon performed unconstitutional searches of their farm property, violating their Fourth Amendment rights. Concannon admitted in testimony that she never obtained a search warrant.

In April, a municipal court judge with the Western Division of Montgomery County granted a motion to suppress the evidence collected and observed by Concannon and the statements the brothers made.

But this week, an appeals court ruled that Concannon’s observation and removal of the pigs were not unlawful.

The state argued that her observations of the pigs and their pen were from the access driveway on a non-residential farm field, which lacks reasonable expectations of privacy. Her observation falls under the open view exception to the warrant requirements, and her observation was not an actual search, subject to Fourth Amendment protections, the court ruled.

Clouds increase tonight, cool temperatures return this weekend

Published: Friday, November 24, 2017 @ 4:41 AM
Updated: Friday, November 24, 2017 @ 3:47 PM

Few showers possible early this weekend.

RELATED: Dayton Interactive Radar - WHIO Doppler 7

QUICK-LOOK FORECAST

  • Increasing clouds late tonight
  • Isolated sprinkle early Saturday
  • Cooler and dry to finish the weekend

(Storm Center 7 Meteorologist Brett Collar)

RELATED: 5-Day Forecast

DETAILED FORECAST

TONIGHT: Mainly clear skies through the evening with temperatures falling back into the 40s. A cold front will move closer to the Miami Valley overnight, bringing clouds back into the area. The added cloud cover and southerly winds will keep our temperatures from falling too far. Overnight lows expected down around 40 degrees.

(Storm Center 7 Meteorologist Brett Collar)

RELATED: County-by-County Weather

SATURDAY: Lots of clouds around for the morning and with a chance for a passing sprinkle or light shower, but most will likely remain dry. Temperatures will climb from the 40s to near 50 degrees by midday, then fall after the cold front moves through. It will become breezy at times, delivering a wind chill in the upper 30s to low 40s through most of the day. Some clearing is expected into Saturday night with temperatures turning colder. Overnight lows drop into the upper 20s by morning, but feel colder with a light breeze still around.

SUNDAY: High pressure returns to the Miami Valley, bringing sunshine and a few clouds. A seasonal afternoon expected with highs in the upper 40s. Still a very light breeze in place will result in wind chills around five to 10 degrees cooler at times.

MONDAY: Mostly sunny and milder for Monday with highs in the lower 50s.

TUESDAY: Partly cloudy, breezy and milder for Tuesday. Temperatures will climb to nearly 10 degrees above normal into the middle 50s.

WHIO Weather App 

WEDNESDAY: Morning sun gives way to clouds throughout the day. Another mild day with highs in the lower 50s. There’s a slight chance for showers into the evening or night.