UPDATE Triumph of the First Amendment

Last week, we were still scratching our heads over the story out of Cincinnati following a Town Hall meeting from Congressman Steve Chabot, where his staff and a Cincinnati police officer confiscated video cameras and cellphones from citizens attending his public meeting -- in a public space.

To say the imagery of police action stopping the open exercise of the very First Amendment to the U.S. Bill of Rights was extraordinary, especially in our backyard. The policy was quickly modified, but still left unsaid (at least in this writer's view) is the severe dampening impact and unconstitutional behavior of a police officer, sworn to uphold the law, using his power of authority to strip citizens of their rights.

At least in Boston that question has been answered.

The U.S. District First Circuit Court of Appeals weighed in on the 2007 case of Simon Gilk of  Boston who, exercising his First Amendment rights to record police arresting a suspect on Boston Common, was arrested for violating wiretap laws among other charges. 

Yeah, that Boston Common. Boston's Central Park. With Common to denote it's perhaps one of the ultimate of public spaces in a city often described as the "Cradle of Liberty."

The Commonwealth quickly dropped some of the charges, and a city judge dumped the rest. Which shows the power of the courts when someone with a law degree gets involved. Unfortunately, officers don't have someone with a law degree by their side when making decisions. Despite dropping the charges, Gilk felt it left open the power of the police department to detain, question, and arrest anyone exercising their First Amendment right.

Here's a big problem for the police: Gilk is a lawyer. He's not just some regular citizen recording from their front yard, such as Akron's Sarah Watkins, who was arrested for doing the very same thing from her own property earlier this year. Gilk's story bears watching in this video from the American Civil Liberties Union; it includes Gilk talking about his experience as well as the actual video he shot with his cellphone:

Just to be clear, here's what the First Amendment looks like -- with my emphasis in boldface:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." - First Amendment, U.S. Constitution, Bill of Rights

Seems pretty clear this section of the bedrock of our laws targets government from stopping citizens from exercising in their freedom of speech rights. But, and not surprisingly, some law enforcement agencies take the position citizens using cameras and microphones on public right-of-way violates the rights of the public employee.

A federal court now says otherwise, with a decision that addresses the narrow and specific issue of whether Boston's police officers violated a citizen's civil rights through the action. The answer is yes, they did. Such actions by the public "fits comfortably" with the principles expressed by the First Amendment. Police should not have arrested the man with the microphone. By extension, police shouldn't stop citizens from using cellphones, cameras or recording equipment to show them at work. 

HERE's a link to get a .pdf view of the Court's decision

Oddly enough, officers defending themselves in the now-federal case argued they shouldn't even be questioned because they had qualified immunity. Boston's federal appeals judges tossed that issue aside; qualified immunity doesn't apply when denying civil rights, and make no mistake: the freedom of speech is a basic civil right. Actually, it's the first.

The First Circuit noted the issue in it's narrow form: "...is there a constitutionally protected right to videotape police officers carrying out their duties in public?" The court says the answer is "...unambiguously in the affirmative." For anyone needing a translation, that means yes. It's your right. And police or other public officials stopping you from doing so, even to the point of arrest, are violating your rights.

The First Circuit spreads it's judicial authority over Massachusetts, Rhode Island, Maine, New Hampshire, and Puerto Rico. It's opinion does not cover the ten other districts serving the rest of the United States, but it sends an important and powerful message to those who would muzzle the ability of citizens to exercise their most basic of rights.

Playing Nice

Today's been an interesting day; at this point 24 hours ago, the Mayor's office was pushing their side in a campaign battle of words (not a war yet; two months until the elections) over jobs and then new police chief James Nice grabbed a headline.

Or two. Or three.

The Chief, who served as a F.B.I. agent prior to retirement from the federal service and taking the top cop job here, called New Franklin PD Sunday night after someone tossed a sledgehammer through the window into a bedroom of his home. We should note the Chief doesn't live in Akron, but instead lives in the New Franklin jurisdiction.

The jurisdiction part of the story is what has folks in a Twitter. Following their response to the call, which Chief Nice notes was appropriate (they were "real nice and looked around," per a single-page report to Akron Law Director Cheri Cunningham) he called APD and asked if a detective and crime scene crew could review. A supervisor, Nice reports, suggested an overnight detail to watch his home if anyone came back with more than a sledgehammer.

New Franklin PD tells AkronNewsNow.com they came back the next day to review the case, but were turned away from Akron PD members working the scene. Ironically, this is the kind of jurisdiction flap that usually involves state or national (like the F.B.I.) fighting with local police. It's important to note that while Akron police have mutual aid compacts with neighboring departments, there doesn't seem to be a call for mutual assistance.

Chief Nice seems to have a better understanding of the jurisdiction can of worms he's opened by inviting his officers to New Franklin, instead of calling the Summit County Sheriff. I'm guessing the propriety of using Akron city resources (the time spent by APD officers) on a case outside the city limits will be reviewed as well, overtime or not. Use of city resources outside the city limits usually doesn't set well with auditors for one, and taxpayers for another. Ask any road supervisor using city crews to fix his driveway.

There's a perception in some quarters this represents treatment that's different for Nice, that he's getting more attention than we might see if someone threw a hammer through our window. Such consideration can, sometimes, trip over the line and become "look the other way" abuse of power, the kind Cuyahoga County officials such as Jimmy Dimora will have to explain in court.

There's a fine line between special consideration and abusing privilege. All said, there's an issue which bears just as deep a thought: Chief Nice, just like others who work so hard to keep us safe, deserves more than cursory treatment. And Akron is right to make sure he gets it.

Some will argue public officials are just like the rest of us. That is true -- to a point. We elect them because we see ourselves in them. The American model has citizens elected by popular vote to work for the greater good, neighbors shouldering the burden, especially on the local municipal level.

But we don't have a right to expect public officials and workers to put their lives on the line for us, exposing themselves and their families to danger at home or off-the-job, because of the very job we expect them to do for us. Not without our taking reasonable and appropriate steps to safeguard them, as they safeguard us.

You have to take Jim Nice at his word when he believes prior undercover work targeting gangs in Akron may put him at risk. It's no understatement to suggest law enforcement officers, those working on and with gangs in particular, have every reason to fear retaliation. One doesn't need a sledgehammer through a bedroom window to figure that out.

Whether Chief Nice lives in or out of Akron is beside the point. Whether a few hours of city time is spent trying to find those responsible isn't the point, other than making sure it is done legally and doesn't stray across the line of what's right.

The point? Nice is deserving of a safe and secure place to live and spend time with his family, with efforts taken to assure his safety. It isn't asking too much that reasonable efforts be taken to protect and serve the safety of those who protect and serve us. Asking detectives from Summit County's largest police department to investigate whether their Chief is the target of violence because of work he did in Akron while with the F.B.I. is appropriate and reasonable. The offer to "sit on" his house for a night or so to see if the knuckleheads who tossed a sledgehammer and broke windows in his home isn't a waste of time or city resources when it's one of our top law enforcement officials. In fact, it's appropriate and reasonable whenever the brave men and women who carry a badge, just like Jim Nice, are at risk for doing the people's business to keep us safe.

Being a police chief -- being a police officer -- isn't the same work as the job you and I may have. Unless, of course, your job is to stop people from doing wrong and, when you can't stop them, catch those who are a menace or hurt others and make them pay the price of justice.

You don't always make friends with bad people when you put them behind bars, or cost them money, or administer a dose of living-with-others in harmony lessons. Sometimes you piss them off, and they come after you.

When they do, we need to return the favor and protect our own.

Most Wanted: An Investigation

Just when you thought it was safe to go back in the water...Akron's version of the political Great White Shark swims back along the beachfront. In this case, the shark description doesn't point to an individual -- I'd like to make that clear from the outset. It describes what has become the norm, the style, the tone of political discourse in Akron magnified by the latest chapter from the Mayor's office.

What we need is more investigation

From a media perspective, the weekend story of Don Plusquellic's interaction with Akron police, sparked by a 9-1-1 call about his driving, was fading from view after exploding Monday with the first word from 19 Action News and subsequent reporting from all media outlets. As the news cycle progressed, the story basically began to focus more on fact than speculation and by Wednesday morning it appeared to have exhausted itself. Most public response, pro and con, seemed to have moved on.

Plusquellic's news conference Wednesday re-ignited the story with his extraordinary charges he was targeted by a thousand dollar bounty offered APD officers by disgruntled members of the Akron Fire Department for dirt. Specifically, a grand incentive to sit outside clubs waiting for the Mayor, Fire Chief or deputy fire chiefs to exit under the influence to be stopped and arrested when driving under the influence.

This afternoon, the head of the Akron Firefighters Union IAFF Local 330, Phil Gauer, held his own news conference to respond to the Mayor's charge of a bounty on his head and the role an AFD Lieutenant played in this past weekend's 9-1-1 call. Gauer raises questions on the conduct of the mayor and his use of a city vehicle. In the same story, FOP Lodge 7 President Paul Hlynsky, representing police officers, says APD members would not hesitate to enforce the law on the mayor or anyone else but worry about retaliation.

The news cycle beast is fed again, and this will be the week we'll remember either as "the Drive" or "the Set Up" depending on your point of view.

To note such a bounty is offensive is beyond words. It paints a picture of Akron as Iron Curtain, with a Stasi-like secret police mentality turning friend against friend, neighbor against neighbor, worker against manager, all using the most vile methods such spy agencies are rightfully reviled and hated for. In this case, it's people we trust to protect us turning spymaster using some of the other people we trust to protect us against the people we choose to lead us.

I am no fan of the Mayor's personal style, but I do respect his leadership -- both good and bad. In this case, I respect the courage in making this public even as it saddens me his remarks add more fuel to the fire of Akron's desperate and despicable political underbelly. That we have reached this point is sad, but can any one of us say we are not surprised we've sunk to this level?

- - -

Mayor Plusquellic's revelation is being dismissed as paranoia by his detractors, but have no doubt there are those operatives on both sides of the political discussion who are comfortable and willing to play this game exactly as he describes. It is serious enough to not just let lay unanswered by people in this community who care deeply that Akron is better than this, and that respect and decency in the public marketplace of ideas and issues is something we have a right to demand and expect.

It's why we shouldn't just move forward and chalk this off to the latest colorful politics. If the Mayor's charge and observations are correct, does this rise to the level of bribery or obstruction of justice? Is it criminal or just bar talk from angry city workers, spawned on a bar stool of their own? Do we really want to keep walking past this car wreck of a cornerstone of what we expect from our political system -- the ability for all of us to express ourselves while still respecting the views of others, especially those who disagree with us? Haven't we reached the point of putting our foot down and saying "enough" yet when elected leaders are so brazenly not only stalked but openly hunted like Bambi before Thanksgiving?

- - -

The safe thing to do is wring our hands, make commentary and move on. This isn't one of those times, because this attacks the core of our political system. This is an attack on all of us, because if it's Don Plusquellic this time is it Russ Pry next? Don Robart? Chris Grimm? Bill Roth? Matt Patrick? Howie Chizek? Me? You?

The right thing to do is treat this as it is: assault on all of us. If indeed Mayor Plusquellic is the target of head-hunting video vigilantes pining to corner him in an embarrassing moment or, worst yet, fabricate such an incident, then it is something that should be fully investigated and prosecuted. This isn't about the free-flow of ideas, it is about protecting our public discourse and sending a clear and convincing message that such poli-paparazzi tactics won't be tolerated in our free and open society.

Prosecutor Walsh and Sheriff Alexander are in a unique position to fully and fairly investigate the allegations the Mayor is making. Representing both Democrat and Republican parties, both have earned the public trust to get to the bottom of this. Mayor Plusquellic should turn over the information he has, whether anecdotal or factual, for an independent investigator to research and weigh. If there is wrongdoing, it should be exposed. If it is criminal, it should be prosecuted. Those involved should be held accountable.

- - -

Finally a word to those in the spotlight.

In a story which won recognition and national awards for investigative journalism, KOAA-TV in Colorado Springs was getting repeated tips that a local prosecutor, in charge of prosecuting DUI cases, was in fact living a double life. They decided to see for themselves and investigated the prosecutor, even taping several bar trips and drinking habits. The prosecutor was understandably outraged that his conduct would be on such public display, disputed the drink count and has promised voters he isn't drinking again while using a county-owned car. According to recent news accounts, he is in a tough fight for re-election. At least one local newspaper, when endorsing the prosecutor's opponent, admits the scandal is big enough for voters to consider but only in examining the total operation of the office.

In this particular report by the Colorado Springs TV station, reporters followed the public official in question multiple times before assembling the report they eventually aired. I think there is a big difference in a journalism enterprise undertaking such an investigation as opposed to a general public shadowing of a public official. Such reporting by the television station brings to the case legal reviews and the standards reporters observe in compiling investigative work. The standard is higher than simply following someone.

The Colorado case isn't the same as this latest event involving the mayor and public safety forces in Akron. There is no credible evidence the mayor was impaired; a police lieutenant determined Plusquellic's demeanor, appearance or behavior did not trigger further investigation. If there was any lapse on the part of the mayor it is his heavy foot on the gas pedal, something he is well-familiar with and admits.

That said, in today's age of instant publication (including video) it should serve as a not-so-subtle warning to all public officials and public figures that they are not invisible. More than ever, their actions make them more accountable to those who put them in office or place them on a pedestal. Like it or not, the public spotlight comes with a sharp price to pay in the loss of privacy and sometimes perspective.

Putting their names before us and asking us voters to choose them to lead is still public service, not a public waiver. It bears repeating: if it's something you wouldn't do with everybody watching -- don't do it.

Is A Little Quiet Asking Too Much?

With three weeks to go before elections impacting city council seats across the region; school board races determining the direction local education of our kids should take; whether or not we can bet on Ohio or even assure that lump of chicken on our plates was treated humanely -- what is it we're talking about?

What kind of driver is Mayor Plusquellic?

We're at war on two fronts, with our best and brightest putting life and limb on the line seeking to establish toeholds of democracy on the shores of radical Islam; we're striving to figure out if the way we provide and pay for health care can be upgraded; we're well over a trillion dollars in debt, and growing.

We're not talking about these issues, either.

Akron just laid off 39 firefighters and temporarily staved off deeper layoffs of police officers until the end of the year. The City is now locked into spending tens of millions of dollars to shuttle what we flush away from the drainage when it rains. The County and cities in greater Akron are slicing into shrinking budget pies while we insist on the same, if not more, government service.

Those aren't the topics of the day.

It's whether Mayor Plusquellic is treated differently than the rest of us, whether he was set up by more than circumstance, and if he was suffering behind the wheel from after-party effects of a night out with friends. His fiercest critics are now scrambling to shout this proves everything they've ever said about him.His most vocal defenders decry the atmosphere where a guy can't even go to a birthday party at a local restaurant without being stalked by people out to get him.

Welcome to Akron politics.

This morning, "Melanie" was on WHLO's Matt Patrick program, discounting critics who say the stalking of the Mayor was a setup. She maintains she was acting in the public interest by calling to warn police of Plusquellic behind the wheel, even to the point of following him from the Firehouse Grille and Pub on Tallmadge Avenue (anyone else get the irony of the location, given the recent fire department layoffs?) on to Memorial Parkway before recounting what it's like traveling in Don's wake to Hickory Street.

We're in question mode on Akron's political version of "Speed Racer":

- The Mayor was driving fast and allegedly swerving -- so how it is "Melanie" and her boyfriend were able to keep up without breaking the law themselves? Plusquellic claims their chase car was also driving fast and erratic in hot pursuit;

- "Melanie" now admits she knew all along it was the Mayor behind the wheel, from the point where they admittedly followed him from the Firehouse Grille and Pub down Tallmadge and on to Memorial Parkway. His critics claim to have video of him peeling out of the parking lot. Doesn't that fuel charges this might be political in nature? If I thought someone was following me at one in the morning, I think I'd be tempted to get away from them;

- The owner of the Firehouse says she specifically talked with Plusquellic, said he looked fine. She told us she asked him if he was O.K. to drive. She noted the mayor backed off any legal beverages for the last hour of the party and was drinking ice water. Mayor Plusquellic says he was attending a party full of cops, including the police chief. Would they all let him drive off if he were intoxicated? Forget for a moment they are police officers (both current and retired, sworn to uphold the law) -- they're his friends. Would you let your friend drive drunk, especially knowing his a high-profile friend in the crosshairs of political enemies? It is a classic rule: just because you're paranoid doesn't mean they aren't out to get you.

- at least four APD units responded to the call at Highland Square; they decided just one would make the determination the Mayor's appearance and behavior didn't trigger asking for further testing to determine impairment. "Melanie" gave the dispatcher a very specific report, even down to the license plate. Why no walking the line, or blowing into a breathalyzer? Would you or I get that kind of gentle treatment, especially from police officers now trained with zero tolerance of drunk driving?

- - -

All said, one still has to wonder if there's somebody, anybody, bending Don Plusquellic's ear that there might be better places to spend his time after midnight. Maybe you have the same gut reaction from those of us after-50 types at the radio station when first hearing the story: shouldn't adults over 30 be in bed for hours at the time the Mayor was driving home? Is this guy a magnet for this kind of trouble, or what?

As I noted in an earlier blog following the August story when the Mayor and friends found themselves witnesses to a street fight, not much good comes after midnight.

The police treatment of the Mayor should come under scrutiny as it should when dealing with any public figure. That's the nature of public figure and public official that goes with the territory. It is a double-edged sword, this part of being public. It opens doors and places us at the front of the line, most of the time. It also means our business when out and about is everybody's business, and anyone in public life should understand life under the magnifying lens both illuminates and burns at the same time. Celebrity and public life mean never being invisible. People will and do take notice.

In the case of the Mayor, the political environment in Akron clearly exists against a backdrop of backbiting, finger pointing, "gotcha" and personal attacks. This game is played by both sides, even to the point of explaining 1:00 a.m. traffic stops, 2:30 a.m. 9-1-1 calls after bar fights, verbal scuffles with parking lot attendants, critics of overspending with huge back tax liabilities, questioning the motives of those just asking questions, or vituperative attacks on those with opposing viewpoints. The comment pages on AkronNewsNow.com and Ohio.com are full of some of the most hateful, disrespectful posts one could imagine. Free speech isn't necessarily nice speech.

Anyone with political aspirations be warned: Akron's political environment can be poison laced with the personal. You have to have skin the thickness of a brick to make it in this world.

This isn't to say Don Plusquellic isn't entitled to live his life as he sees fit. He's a person who seems either hard-driving, passionate, hard-edged or always angry depending on what side you come across at any given time. He's entitled to enjoy a night with friends, he's allowed to enjoy a drink, he's allowed to croon with the karaoke machine to his heart's content (we're waiting for that video, by the way) and all without hurting another soul. It appears to me that's exactly what happened this past weekend, except those intentions crossed over to the intersection of the political.

I find it hard to believe "Melanie" went to all the trouble of leaving the same time, following the Mayor and then calling him in as pure citizenship. Akron's political environment simply raises too many red flags to believe such circumstance exists in a town where the "get" is such an important political trophy.

If his only crime is enjoying some good times with friends, then by God all of us should be so lucky to be committing the same crime.

- - -

Just last week, the Beacon Journal covered a poll which showed more than half of our neighbors no longer cared about the neighborhood. Most of Akron wouldn't recommend Akron to others. They've tuned it out; being part of the community doesn't matter anymore. One has to ask if one reason might be the community doesn't seem to want them anymore. We've become so invested in tearing down that we've forgotten how to build up. One wonders if this environment is beyond cleaning up.

When Cops Lie

It doesn't happen very often.

Police, for the most part, are trained to be trusted by the public. By the news media. Even by suspects of crimes. The actions of the Sheriff in Larimer County, Colorado in leading the media to report law enforcement didn't question "balloon boy" as a hoax calls into question the actions of his department in providing credible information to the public.

What comes first? The Sheriff points out, and most of us would use common sense to agree, that it was important to establish a level of trust and comfort with the Heene parents as a strategy to get to the bottom of Thursday's saucer-style balloon flight and gut-wrenching search for their six year old son. For hours, the nation held its breath waiting to find out the fate of the boy named Falcon.

This wasn't just your Nancy Grace-O'Reilly-Keith O-style godsend for a slow cable news night. All the major networks, all the big newspapers, all the radio news and opinion/talk shows, even the music shows, the web -- everybody -- was sucked into this one.

The breath-holding turned to cynicism even as the boy was found in a box in the family home; it worsened with the disaster on CNN's Larry King Show when guest host Wolf Blitzer effectively popped the father in the kisser with a direct question for little Falcon, answered in that tiny voice talking about "the show." It only got worse with the flurry of early-morning television interviews the following morning (who gets their kids up at five a.m. to show off on TV?) resulting in little Falcon hurling not once, but twice on the morning shows.

The parents pressed on, and even as most of us were incredulous with their actions while their son was barfing on his brother the Sheriff continued to maintain an aura of support for the Heene parents.

All a show, it turns out.

It was designed to make parents and children comfortable for what needed to come out -- the whole thing had been planned. Now the parents face possible felony charges, the Henne family name has achieved a level of notoriety the fame-seeking father hungered for but never envisioned and the three kids will be remembered as co-conspirators in the airborne cry-wolf scam everyone is talking about.

The strategy worked in landing the criminal fish. It exposed the pathetic, even twisted abuse of a child to satisfy what seems to be a classic unhealthy love of the spotlight. The system in this case worked behind the scenes to solve the case but it wasn't just being had by the Heene's but also by Sheriff Jim Alderden.

The Sheriff apologizes for "bumping up" against the line for manipulating the media. He didn't bump -- he drove over it was dozens of news vans, reporters and pundits in hot pursuit. We in the media helped him with every update, every "expert" unveiling developments, all in real time. I wonder if the role of the media in this case actually helped pump up the pressure on Heene to come clean?

We trust the police to tell us the truth -- even when recognizing it's OK to lie to suspects law enforcement suspect aren't so honest. Courts have ruled investigators can sometimes lie to suspects in order to get to the truth in a case but it's not O.K. for law enforcement witnesses and lawyers to lie in their testimony. I suspect most of you will think what Sheriff Alderden did to mislead the Heene's and pursue justice in this case was appropriate because the end justified his means.

Will we think this the next time a trusted authority uses ever tool necessary to mislead? Isn't that what many media critics accuse the media of being now? Has truth become that much of an accessory to public issues today -- from the political, to the criminal and now to the infotainment that gripped the nation for three hours last week?

Nothing Good Happens At Closing Time

It's almost as though I've had to break my own fingers to hold off posting some thoughts on Mayor Plusquellic's most interesting adventure on Akron's downtown streets nearly a week ago...but now that just about all the video and audio has been viewed and heard, the fingers are doing the talking again.

By now the facts are pretty clear:

• Mayor Plusquellic had a busy Saturday night tending to official duties welcoming and introducing acts at the Ohio Ballet and Lock 3 before heading over to one of his favorite night spots to help celebrate a friend's birthday;
• the night went long, a few drinks may have been had, but overall nothing spectacular and the type of night many of us have enjoyed at one time or another with friends;
• as is sometimes the occasion at closing time, party turned to pounding. Outside a nearby club a nasty fight is underway; it does not involve the mayor's group but he is about to observe and witness;
  
• Plusquellic walks into a bad situation on the way to his car. He does the right thing, calling 9-1-1 for help...just what any good citizen should do.

That's when it goes sour.

There's no dispute he was excited after seeing what he saw. Being a take-charge kind of guy, he wants to help (charitable view) or direct (critical view) what police do next. He doesn't dispute "adult language" may have been involved, admits he wasn't happy with the APD response he saw, and points out he is, after all, Akron's boss.

That's a big part of the issue. Now that this seems to be winding down, the issues of was or wasn't he (intoxicated) and did or didn't he (overstep his authority) seem to be working their way out. But the question most folks seem to have an opinion on seems to have less to do with policy and more to do with style. On that point, it would benefit both sides to remember a boss should be treated like a boss, and the employee should be treated with respect.

Apply The Other Shoe Test: if it had been Officer Plusquellic responding to the same situation and being cursed at, would Plusquellic have tolerated it? Eyewitness Wayne Jones, who says he was treated professionally by police, says the Mayor didn't cuss out the cop. I do know if we (John Q. Public) cussed out a cop, we'd be on the line for jail food the next morning. Then again, if my boss started telling me how to do my job I'd probably grumble about it but do what he said.

There's no easy answer, other than to hope the level of discourse between Chief Executive and people who work under the Chief of Police drops down a couple notches, and soon. Doubtful, given the response to city union leaders asking for more details about cuts they're supposed to swallow to help the City deal with the July budget surprise. Even from overseas, where he's talking peace in Japan on the anniversary of Hiroshima and Nagasaki, the mayor's response was typical: fault and pointing blame rather than collaboration. It's just his style.

Another chapter in the ongoing Hatfield and McCoy saga of City politics. Wouldn't it be nice to get beyond the feuds and get right to solutions?

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This week, Columbus voters went to the polls in numbers even worse than Akron's recall election (just 18% voted) and by a slim margin (just 51.7%) approved hiking the city income tax to help stuff a big deficit and stem layoffs to "critical" city workers. Mayor Coleman -- a close friend of Mayor Plusquellic -- thanked residents for putting their money where their critical services are, in marked contrast to Plusquellic, who quickly dismissed an Akron F.O.P suggestion of a public safety levy here despite threatened layoffs. Columbus notes there are "critical" city services, including police; Akron takes the stance uniformed services should get the same budget treatment as other departments.

Question to Mayor Plusquellic and City Council: if there's a rush to reform the recall charter language without a public hearing why not even hold a single meeting to openly discuss giving Akron voters the power to decide for themselves if police, fire and EMS are important enough to shell out more?

The last time a "police levy" was on the ballot it was part of (a much smaller part of) a bid to load up economic development programs. With the budget $12 million out of balance -- according to this month's figures -- would it really hurt giving city voters the option of making public safety critical enough to pay for?

Is Talking Cop Anti-Cop?

Another chapter in the story of Akron's police community relations comes tonight as FOP Lodge 7 -- representing Akron police officers -- helps with a pro-law enforcement rally downtown. This follows last week's march and rally at the Justice Center by residents of the Celina Avenue neighborhood where Jeffrey Stephens, Sr. was shot and killed by police officers over the Independence Day weekend.

It is a great aspect of our society that for every opinion there is at least one opposing opinion, and in this case the opinions of some in the Akron community questioning the actions of the APD will have a counter-point leading up to tonight's City Council meeting. It is unfortunate, however, that the rhetoric on both sides clouds what should be a central question, and that is what the community considers appropriate policing.

The voices who cry "No peace, no justice" seem to employ a deaf ear to considering circumstances of the Stephens and, before that, the Vinson case. Those harshest criticisms seem designed to divide and benefit those screaming the loudest, not thinking the wisest. Conspiracy theories abound in the latter, while cooler heads in the former acknowledge they are at least separate and distinct incidents. Even if the motivation for some community organizers is to use these cases for their own agenda, does it make asking for more of an explanation anti-cop?

On the other side, there are those also using the community outcry to paint their opponents as anti-cop -- a broad brush to use in an open society where it should be natural to ask questions anytime those legally permitted to carry guns for our protection take a life. The Stephens case isn't cut and dried; there are still important questions to ask, especially whether and if Akron's new police auditor Phillip Young has been able to employ the tools available to him to report back to the citizens of Akron.

We should consider the asking a duty; there should be no shame or negative to question the need to pull the trigger. It's one of the controls that makes law enforcement worth our faith, the understanding that those who protect do so with standards understood and embraced by the community. It doesn't help the APD to have a populace suspicious and feeling threatened, nor does it help the community to have a police force paranoid and feeling unsupported.

For the community, there must be transparency in the system to understand why officers take the action they do; for the force, they must have the backing of the citizenry to protect and serve.

Tonight's pro-cop law enforcement can be seen as a reaction to last week's anti-cop rally, and so it escalates with each side getting tit-for-tat while the search for answers is lost in the smoke and shouting. It would be a shame to ignore the core issue while getting lost in the periphery.

Why We Played It

At noon today we went a bit long on our 1590 WAKR newscast, putting Gov. Mike Huckabee's fill-in for Paul Harvey on delay for six minutes in order to present the full 5:14 audio from the shooting of Officer Joshua Miktarian. Today's noon newscast is the only time we will broadcast the full audio, although the news department will use excerpts during other newscasts on our stations today and tomorrow. It is not graphic but it is disturbing, and some will question why it is necessary.

Here's why we decided to air the dispatch audio.

Tape from the dispatcher's radio log is important not only to show the tenor of what seemed to be a routine traffic stop but also to provide listeners and web visitors more information on this case. There's been quite a bit of talk after the lawyer for the suspect raised self-defense as a possible issue. The dispatch audio doesn't provide answers to exactly what occurred after Miktarian stopped Ashford Thompson for playing loud music and suspicion of driving under the influence, but it does provide a greater sense of timeline in the split-seconds between Miktarian's communication with emergency dispatchers on what should have been routine and the tragedy that followed.

The audio is powerful; some will find it disturbing. Fellow officers race to the scene with sirens clearly heard in the background. The dispatcher and then first police responders to the scene just minutes afterward call out for Miktarian, identified as "45", then note a caller reported hearing an argument and "pops." The discovery of Miktarian alongside his cruiser and radio traffic of "officer down" complete the audio.

There have been many occasions for public debate on the use of 9-1-1 and dispatch audio; currently in Ohio this audio, for the most part, is considered public record. There is little doubt that this audio will be something family and friends of Officer Miktarian will not want to hear, and for that we are truly sorry. However, we feel there is also a compelling reason to air the radio traffic as the public interest in understanding this case, the danger involved every time an officer approaches a vehicle, and the split-seconds between routine and tragic.

Truth isn't found in just a written transcript; it is one reason why law enforcement recognizes the need for audio and video recording including radio dispatch traffic and even dash-cams. Understanding just what happened early Sunday morning, or for that matter in any such case, is more than seeing words on paper. It is important to see and hear with our own eyes and ears, tools we all use to determine truth for ourselves rather than filtered through an "official" version. When the picture (and sound) are given we can trust ourselves to determine truth; all of the senses are important.

The public -- we -- have an investment in how our government responds to our needs, including law enforcement. Acting in the open is often a messy business but in the end the debate makes us stronger by making sure all voices have a chance to be heard. There are many common sense exceptions to what becomes public information, such as protecting children or even our personal medical records but in the cases where our faith in law enforcement is at stake seeing and hearing is believing.

Tragedy in Twinsburg

Another shooting involving local police -- and a young officer with a wife and three-month old daughter is dead.

Twinsburg police are coping with the first-ever loss of an active-duty police officer. During "closing time", just before two o'clock this morning, what should have been a routine traffic stop turned into just what officers fear the most. A suspect is behind bars but the brother/sisterhood in blue is in shock and mourning.

Josh Miktarian was only 33 years old; he grew up in Tallmadge, worked hard to build a pizza franchise business on the side in Sagamore Hills. He joined the Twinsburg police force in 1997, an 11-year veteran in a community where "mean streets" usually applies to cities 20 miles to the north and south. Fellow officers tell us he loved to play guitar with friends in a band. Just part of the story of the man in the picture, the life behind that smile. There is more we will hear in the coming days.

Miktarian's wife Holly and daughter Thea will find overwhelming support from family, friends and a community but never the solace of an answer to fully explain the reason why their husband and father was taken from them because any answer will never be reasonable.

At this point police are still trying to figure out answers themselves; why routine escalated, why the suspect (unnamed as of this post) may have pulled the trigger. At this point we're not sure if drugs or alcohol were in the car, why Miktarian didn't feel the need to use his K-9 companion (left in the cruiser), even if dash-cam video or audio will be of help in trying to fill in the why. The facts -- who, when, where, what, even how --will likely come out in the next few days, but not likely to ever satisfy why.

Midway through July, just barely into summer. An officer in Twinsburg killed in the line of duty; a retired Canton police officer murdered; a police-involved shooting in Akron that left a father of 12 dead. Is this a spell of bad times we are going through or do the bad times reflect something deeper, a change in our society where anger and rage so easily boil over? What triggers people to turn into those who take breath away instead of taking a deep breath ourselves?

Retired Twinsburg officer Tom Austin openly shed tears while talking about his friend Josh, and the changes he's seen over the years, trying to make sense of why people lose it faster or don't even seem to care about holding together.

The Facts: No Easy Answers

Hours before family and friends prepare to remember a father, husband and neighbor we learn more facts in the death of Jeffrey Stephens Sr. on Saturday morning in Akron.

The facts, as reported this afternoon just after three in the afternoon at the Harold K. Stubbs Justice Center, should be troubling to anyone; nearly two dozen shots fired and striking Stephens after officers reported he made what appeared to be threatening moves to his waistband and ignored orders to stand down. This afternoon police released more details of what happened July 5, 2008; tonight around nine his neighborhood holds a public memorial to remember his life even as the community still tries to find answers in his death.

Two officers now on suspension while this investigation continues, even as APD Chief Mike Matulavich describes the shooting as "justified". There is no doubt calls were made from the Celina Avenue neighborhood complaining about gunshots directed at the Stephens home.

Witnesses, police say, confirm at least one of the officers gave Stephens multiple opportunities to lay down on the ground but for whatever reason that command was either unheard or ignored. The heat of a summer night, fireworks exploding in air celebrating independence of a nation, the focus of a father striving to protect his family from unseen threats -- will we ever know for sure what was going through Jeffrey Stephens' mind as he set out, gun in hand, to put a stop to what he must have felt was some form of domestic terrorist striking at his family, his son, his home?

Contrary to the belief of some these are not the times men and women who serve choose to put on the uniform of a police officer; people who become officers of the law do so for a wide variety of reasons but upholding a sense of order and helping their community live in peace are common to everyone who wears a badge. Confronting angry, confused, or troubled armed persons in the street before dawn's early light is not one of those reasons but it comes with the territory.

For the most part, the warning is enough: when someone wearing a uniform and a badge tells us to get down the best course is to listen, comply, and if we are still in a fighting mood take it through the courts. There are plenty of lawyers who will take those cases. The problem comes when adrenalin is at its highest, when judgment abandons the mind in favor of rage or desire, when decisions made in the comfort of hindsight are instead shoved into a split second. Decisions made in the tick of a clock are rarely made well, and life-threatening situations often end with the wrong call.

This is a tragedy for the Stephens family, whether it was one shot or the 22 fired in blinks of an eye by two officers who's training told them a man standing in the street, upset and carrying a gun early on a holiday morning, was not a good thing. It is a tragedy for Officers Sidoti and Miles, trained to shoot only as a last resort; not trained to shoot to kill, only as a last resort when the decision comes down to shoot or be shot. Kill or be killed is something every officer trains for with hopes they won't have to use that training.

They have family, too; wives, parents and children who know their loved ones sometimes walk meaner streets so they can awake to a kinder world. Don't we all ultimately want the same thing Jeffrey Stephens, Sr. sought when he walked outside the morning of July 5, 2008: to keep his family safe?

84 Hours

It has been 84 hours since something went very wrong on Celina in Akron, leaving a father of 12 shot to death and officers of the Akron Police Department on leave pending results of an investigation. Should it take this long to learn some of the basics?

The lesson left from last year's Vinson shooting was that the APD not talk before it was sure of the facts, and you really can't blame the police brass, the FOP, the Police Auditor, nor even the various city officials who got calls shortly after the incident led to the death of Jeffrey Stephens.

Talk too soon and open yourself up to attack from community sources who imagine the worst from the police, so the best course of action is to not speak at all. Better to let investigative nature take its course, don't interrupt the silence for speculation and don't encourage questions.

Fine advice from an attorney, and a solid course of action for the first 48 hours. But it has been four days now -- Saturday morning, afternoon and evening; all day Sunday, all day Monday and now close of business Tuesday -- without having some of the basic questions on what happened answered.

In many respects this has the potential to become a reverse Vinson; there, speculation was fueled by the facts contained in statements immediately following the shooting. In the Stephens case, the facts are those set forth by eyewitnesses and neighbors not handcuffed by this new don't tell policy.

There are some questions which the department should be able to address by this time, but have been addressed mainly by the Beacon Journal accounts of what happened in the early morning hours of July 5:

- a basic time line of when four officers responded other than a 4:40a call to 9-1-1 and the apparent shooting four minutes later;

- did all of the officers discharge their weapons? A caller noted hearing five shots to begin with and then another "four or five", according to the newspaper's account of 9-1-1 calls;

- was Stephens armed and do officers report he confronted them with a weapon, or failed to drop his weapon? Was his weapon fired?

Caution to avoid the firestorm of controversy that erupted following the Vinson shooting is understandable but four days after the fact Akron's taxpayers -- and both police critics and supporters -- should have a better idea of what happened than sketchy observations from neighbors and skimpy reports from 9-1-1 calls.

Jeffrey Stephens, from all accounts, was a decent man who only left his home on fears his family was under attack. Neighbors speak of him as respectful and someone who was just interested in protecting his children. His life will be remembered by family, friends, neighbors and greater Akron in a memorial service tomorrow evening; it would be appropriate to learn more than what we know now about how and perhaps why he died.

The Auditor's Trigger

Some interesting chat coming out of City Hall on the appointment of Phil Young as Akron's new Police Auditor -- and what prompted the powers-that-be to get off the dime and get him on the job.

Turns out it was the job market, my sources tell me.

Everyone knew Young's appointment was coming; Eric Mansfield reported it in his blog, AkronNewsNow reported it online July 24th and anyone between a city badge and city budget knew who would fill the post...but the Mayor's media mavens pretended it wasn't official and wouldn't be until after Summit County Prosecutor Sherri Bevan Walsh released her report on the Vinson shooting.

Well, Walsh's final report is still sitting on a desk somewhere in her office...so why did Mayor Plusquellic finally put Phil out for everyone to see before the Don left for a trip to Germany?

He had to get moving because South High Street wasn't the only government entity wanting to make sure the retired Highway Patrol Officer on the payroll. The Strickland Administration knows a good thing when they see it and they were pushing hard to get Young on the state payroll, the heck with the locals who were looking like they couldn't make up their minds. Faced with the prospect of announcing his choice for Police Auditor was leaving the job before he even started finally prodded the Administration to move.

Quickly it wasn't; there are still plenty of questions on just what the Administration was really waiting for. Young could have started working months ago and they could have easily noted he wouldn't be working the Vinson case. Would Young would be at work today if City Hall wasn't forced to man up and get the deal done?

AUDIO The Vinson Case

Ever since that fateful St. Patrick's Day morning when gunfire took the life of an Akron man there have been questions about the death of Demetrus Vinson.

The report detailed here on AkronNewsNow.com reveals the findings of Pinky Carr, the lead assistant Cuyahoga County Prosecutor asked to look into the shooting by police of Vinson as he and a friend, Chance Baker, sat in Vinson's car.

Akron Police and the Summit County Medical Examiner's office had painted the police-involved shooting as a case of a self-inflicted gunshot by Vinson himself after cops stopped him and Vinson didn't want to cooperate after a night of drugs and boozing. The ME's report indicated none of the bullets fired by police, who say they were responding to the display of a gun by Vinson, were fatal. The only conclusion left, said Medical Examiner Dr. Lisa Kohler, was death by Vinson's own hand even as he sat bleeding from the wounds inflicted by the police bullets.

The family did not buy this and has questioned the conclusion and handling of evidence ever since, even going so far as to employ their own forensic investigator to review the evidence. Family spokesman Orlando Williams says Cuyahoga County has not been helpful in allowing access to the same evidence (seen here in a .pdf file) so the family's investigation is not as far along.

Mayor Plusquellic, who asked for the independent probe, didn't directly respond to questions posed by Mason's long-awaited report. Instead, the Mayor's office delivered his comments via email in an audio .mp3 file, thanking Mason for the report and noting Plusquellic considered the case now closed.

AUDIO The Mayor Comments

From a reporter's standpoint the decision of the Mayor to not deliver a more public and visible comment on this issue, which has provoked considerable debate in some quarters of the City's African-American community on the conduct of Akron's police department, was unusual. The Mayor's office notes the statement would likely have been straight-forward and limited to what the Mayor said in his "audio release".