Accusations flying in local state House race

Published: Monday, October 08, 2012 @ 9:00 PM
Updated: Monday, October 08, 2012 @ 9:00 PM

Accusations are flying in the race for the newly redrawn 43rd Ohio House district in what is quickly becoming one of the areas most contentious statehouse battles.

On Monday Clayton Mayor Joyce Deitering, a Republican seeking to unseat Rep. Roland Winburn, D-Harrison Twp., held a news conference denouncing two mailings paid for by the Ohio Democratic Party. Those ads said Deitering was ordered to pay $17,000 “in court costs for making false claims and filing frivolous lawsuits against the city of Englewood.”

The ad also said three businesses “Deitering helped create” had liens against them for unpaid taxes and workers compensation. A second mailing said she failed to pay “$32,000 in taxes and workers compensation payments owed by her businesses.”

Deitering said the ads are misrepresentations.

“I’m not going to be misled or taken astray on a non-issue,” said Deitering, flanked by about 19 supporters, family members and State Rep. Mike Henne, R-Clayton.

Deitering, an attorney, said she handled the incorporation of the three businesses but does not have ownership in them or responsibility for the unpaid taxes.

“They are hitting her on things she has zero control over,” said Rob Scott, chairman of the Montgomery County Republican Party and Deitering’s law partner. “When you are listed as an agent for a company as an attorney a lot of times it’s just that you incorporated them and when somebody wants to sue that company they’ll serve that attorney.”

Deitering initially said there is no court judgment of $17,000, but there was a judgment against her former legal associate, Ann Requarth, who paid it.

Later a Dayton Daily News search of court records showed a 2009 certificate of judgement for $12,500 against Deitering and Requarth for frivolous conduct in a legal dispute with Englewood and City Manager Eric Smith over a Walmart that was being built in Englewood. When asked about that, Deitering said her earlier comments were referring to a judgment of about $2,500 against her and Requarth in a case involving a fired Englewood employee which was paid by Requarth. Deitering said the case involving the Walmart store was appealed, resolved and is subject to a confidentiality agreement.

“What I said to you earlier was there was a judgment, that the $17,000 was wrong, that there was a judgment and Ann paid it,” Deitering said.

Winburn called the information in the mailings “credible” and referred questions to the state Democratic Party.

The party’s source was a 2008 Dayton Daily News article that references two common pleas court sanctions against Deitering and Requarth for frivolous conduct and totaling nearly $17,000, said Keary McCarthy, spokesman for the Ohio Democratic Caucus.

He said public records show the connection between Deitering and three companies: Raincatchers Inc. of Dayton, Lost Star Inc. of Butler Twp. and Coyote Painting Inc. of Vandalia

Phone numbers for Raincatchers and Coyote Painting were disconnected and there was no listing for Lost Star.

“The public records indicate a pretty significant level of involvement,” said McCarthy, citing county recorder, court and Ohio Secretary of State records.

There are more than $42,000 Ohio certificates of judgment dating back to 1999 against the three companies on file at the Montgomery County Clerk of Courts for unpaid state taxes and/or workers compensation. Deitering is listed at the Ohio Secretary of State’s office as the incorporator and agent for Raincatchers and Coyote Painting, and as the agent for Lost Star.

McCarthy said the Democratic Party is helping Winburn more financially than in the past.

“We want to do whatever we can to help him,” said McCarthy. “Republicans redrew this district and stacked the deck to maximize the number of seats they will win statewide.”

The current 40th district - which is reliably Democratic - is made up of parts of Dayton, Huber Heights, Riverside, Trotwood, Harrison Twp. and surrounding communities. The district number is now 43 and is more evently split politically. The new district includes parts of Dayton, Trotwood, Harrison Twp., eastern Montgomery County and all of Preble County.

John Kasich explains what’s up between Katy Perry and Taylor Swift

Published: Thursday, May 25, 2017 @ 7:52 PM
Updated: Thursday, May 25, 2017 @ 7:52 PM

Ohio Gov. John Kasich has been all over TV lately as he pushes his book ‘Two Paths.’

On Wednesday, he co-hosted The View and offered some thoughts on the feud between Taylor Swift and Katy Perry.

“Well it’s shocking everybody,” Kasich said after being asked by Whoopi Goldberg to explain the rivalry. “Don’t ever steal anybody’s dancers, is the message.”

The governor tweeted later that he hopes “these two can Shake It Off ...

Ohio Supreme Court rules juveniles can be sent to adult court

Published: Thursday, May 25, 2017 @ 11:22 AM
Updated: Thursday, May 25, 2017 @ 5:44 PM


            Ohio Supreme Court
            Laura A. Bischoff

A split Ohio Supreme Court ruled Thursday that sending older juveniles to adult court when they face serious charges does not violate their constitutional rights.

The decision reverses a ruling by the high court in December 2016.

Supreme Court Justice Sharon Kennedy wrote in the majority opinion that an earlier decision failed to consider a clause in the constitution that grants the Ohio General Assembly exclusive authority to define the jurisdiction of common pleas courts.

Related: Local teen’s case could go back to juvenile court

Chief Justice Maureen O’Connor dissented, saying that the ruling affords blind deference to the legislature and ignores the requirements of due process. Juvenile court should determine whether the youth is a candidate for rehabilitation before being transferred to adult court.

In 1996, legislators passed a law requiring that 16- and 17-year-old defendants be automatically transferred to adult court when charged with certain offenses.

The 6-1 decision stems from the case of 16-year-old Matthew Aalim, who faced armed robbery charges in Montgomery County in 2013. Aalim’s case was sent to adult court, which denied his request to return the case to juvenile court. As part of a plea deal, Aalim pleaded no contest and was sentenced to concurrent four-year terms.

Montgomery County Prosecutor Matt Heck said this was an “important decision” by the court.

“This ruling only applies to certain juveniles who have committed the most serious crimes such as murder or rape, are of a certain age, or were previously convicted of a most serious offense,” Heck said. “The juvenile justice system is ill equipped to effectively rehabilitate those defendants. Furthermore, the juvenile system can only incarcerate defendants until age 21, when they must be released. In the adult system they can be incarcerated much longer, and once released they can be kept under the jurisdiction and control of the Adult Parole Authority.”

Related: Ohio Supreme Court: backpack searches fair game on school property

In December 2016, shortly before her retirement from the supreme court, Justice Judith Lanzinger authored a court decision that said mandatory bindover laws violated the due process rights of juveniles. The Montgomery County Prosecutor’s office asked that the decision be reconsidered.

Ohio, which established juvenile courts in 1937, added a requirement in 1969 that “amenability” hearing to determine if the juvenile is a good candidate for rehabilitation.

Related: Ohio Supreme Court to decide if those with HIV have to disclose it

State law says that older juveniles who commit murder, are repeat felony offenders or commit felonies with a firearm are under the jurisdiction of adult court.

“Ohio’s mandatory transfer statute creates a system in which a judge has no right to even inquire into a juvenile’s potential for rehabilitation, let alone weigh it,” O’Connor wrote in her dissent. “Without allowing a judge to conduct any inquiry beyond probable cause or age, there is significant risk of turning a delinquent capable of rehabilitation into a lifelong criminal.”

Aalim, now 19, is serving his sentence in Lebanon Correctional Institution, an adult prison.

Whaley using mayoral campaign funds to raise money for governor race

Published: Thursday, May 25, 2017 @ 2:32 PM
Updated: Thursday, May 25, 2017 @ 4:32 PM


            Dayton Mayor Nan Whaley, a Democrat, announces she is running for Ohio governor in front of a crowd of supporters at Warped Wing Brewery Monday, May 8, 2017. CHRIS STEWART / STAFF

Democrat Nan Whaley is using a re-election campaign fund for Dayton mayor that’s not subject to state contribution limits to raise money for her 2018 bid for Ohio governor.

A notice on Whaley’s campaign website informing potential donors that the mayoral fund is able to accept unlimited contributions was taken down Thursday after The Associated Press inquired about it.

RELATED: How much are the candidates for governor worth?

Whaley’s gubernatorial campaign says it is addressing the potentially confusing situation by voluntarily limiting donations from individuals and political action committees to the annual state limit of $12,000.

“Nan is uniquely popular as a mayor and she’s running for the first time in the city’s modern history unopposed — but, since she has announced for governor, we have been voluntarily complying with those (state) campaign requirements,” said spokeswoman Faith Oltman. “We are going to be transparent, open and accountable throughout this campaign.”

Oltman called the reference on the website to the mayoral campaign’s lack of contribution limits “a small oversight.”

Who’s in? A look at who is running for governor

The mayoral fund is the only fund Whaley can operate until the mayor’s race concludes this fall. She will need to convert the fund into a statewide campaign account by February when fundraising will be legally restricted by state campaign finance rules.

Under the law, Whaley will be able to transfer up to $200,000 from the mayoral fund into the gubernatorial fund, said Matt McClellan, a spokesman for the Ohio Secretary of State’s office.

Running for mayor and governor simultaneously puts Whaley in a rare situation for campaign fundraising and spending.

Democrat Jennifer Brunner faced the only somewhat similar conundrum in recent years when she was Ohio’s secretary of state. During the 2010 U.S. Senate race, Brunner’s Senate campaign used $15,000 to buy computers and other equipment that came from her defunct secretary of state campaign.

The question was whether the transaction violated a prohibition against money raised for a state campaign benefiting a federal one — a different question than Whaley would face if she folded money from her mayoral campaign into her gubernatorial campaign.

In Brunner’s case, the Federal Election Commission ultimately threw up its hands, calling the transaction too confusing to render a legal opinion.

Trump, Nixon, Elvis, 2020: John Kasich weighs in before West Palm talk

Published: Thursday, May 25, 2017 @ 7:05 AM
Updated: Thursday, May 25, 2017 @ 7:05 AM

December 1970: President Richard Nixon and an 18-year-old John Kasich in the Oval Office.

Ohio Gov. John Kasich will speak to a sold-out Forum Club of the Palm Beaches lunch on Friday.

Kasichmania! His Forum Club appearance is a sellout.

Kasich was the last Republican standing against Donald Trump during the 2016 GOP nomination fight.

Now he’s promoting a book called Two Paths: America Divided or United that discusses the “post-truth environment” of 2016 and his thoughts on leadership, “followship” and other topics.

The Palm Beach Post interviewed Kasich this week and got his thoughts on President Trump, his 1970 meeting with Richard Nixon, how close he came to meeting Elvis Presley and his plans for 2020.

Click here to read the entire story at MyPalmBeachPost.com