Time to arrest and jail the Sheriff

The state has a curfew. Mask ordinances everywhere. Public Health is urging people to not go out unless it’s essential. The goal is to cut the transmission of Covid 19.

Welcome to your Montgomery County Jail, run by Sheriff Rob Streck. On Thursday, they became aware of a wide spread outbreak. They shut down the kitchen, serving bag lunches with juice box both in the jail and the juvenile detention center. Zero moves to isolate inmates who have tested positive. While doing rapid tests on staff, they ordered them to go in and clean and disinfect everything – as if that’s going to stop the spread.

Some of the inmate workers who travel the whole jail- had tested positive, meaning there is a good chance that most of the population has been exposed. Number one rule in confined spaces is NOT to have people who cross isolated areas.

Fast forward to today, Sunday. At roll call, supervisors tell staff that even if they tested positive, they are to continue to come to work, just wear a mask (as if they were allowed to work in the jail without one before?). The jail health contractor, Napthcare, has even OK’d inmate workers who tested positive, can continue to roam the jail, as long as they have a mask.

No attempts to limit admissions, to speed releases, to limit population or to isolate those who’ve tested positive.

Besides being against all CDC, state and local public health recommendations, this amounts to guaranteed lawsuits against the County. Being held in jail before being proven guilty is one thing, risking death from Covid is another. I’m sure local law firms can’t wait to start picking up these sure-fire cases that will cost the taxpayers millions more than the Montgomery County Sheriffs department and their incompetent jail administration has cost us already ($10M and counting).

Maybe if we jailed Sheriff Rob Streck for a while for attempted murder of inmates, putting him in his own jail, he may choose a different approach to managing Covid in the county lockup.

Public records requests gone bad

As a side note, up until recently, Shelly Diaz,  Assistant to Chief Daryl Wilson, has been awesome about properly fulfilling public records requests.

However on November 12th I put in the proper PRR:

With as much specificity as possible, please describe what records you want to review = Records pertaining, including cruiser cam video, of actions of Rod Brown, leading to his termination. I’m fine with digital documents. Also- his previous evaluations for the last year. Thank you

I received the cruiser cam video and every evaluation of Depute Brown, on Monday, November 16. What was missing was the incident report and termination documentation of Brown.
I asked again,

Hi Ms. Diaz,
I found all his evaluations- and 2 videos.
No files about the incident in question- or his termination documents.
Did I miss something?
Thanks

Also- can I have Deputy Rod Browns official photo please?
Thank you

She responded that day:

Mr. Esrati,

I misunderstood your request, I will obtain a copy of the investigation and a copy of his termination. As for photographs, it’s my understanding that photos of former and current law enforcement officers are not public record. Though, I will verify this with our legal team.

Shelly Diaz

The Dayton Daily beat me to the story, publishing Thursday night, the story of how Deputy Rod Brown assaulted Mr. Rondale Hampton on July 13, 2020 and was terminated.  If Diaz had done her job properly, I’d have scooped the paper- and also given you a better picture of what happened.

It’s become common for those that work in the “Culture of Corruption” to bend and twist and delay public records requests in order to delay or defuse public outrage over their incompetence.

I had to ask 4 times last week for the same thing, to Dayton Public Schools about how they hired someone to re-do their website without an RFP. Turns out they no longer have to put out an RFP for anything under $50k. The bid came in at $48K, but had an “additional work” invoice for $3,975.00… you get the picture. And btw- DPS, web hosting for $200 a month better have more than 2 hours support quarterly, that’s more like monthly rates – for a dedicated box- not a cloud account.

If you’re wondering why their agency they hired 3 years ago via an RFP, The Ohlmann Group, didn’t build the new website- it was because they refused to bid on it this time around. The existing vendor, Upward, was also asked to bid, as well as some unheard of group in Columbus, the remaining bidder/winner, got the contract despite being $20K over the group in Columbus.

My firm was the low bidder by a long shot three years ago, but we were rejected. One of the DPS “evaluators” suggested we didn’t have the video chops that Ohlmann did, yet we do our own video and Ohlmann outsourced. Might be why we made a video about the whole thing- including where the Ohlmann Group was telling the superintendent and board members they couldn’t touch the proprietary website that Upward had built. Check out the whole story here- and watch the video.

Something still stinks in DPS.

 

Russ Joseph is as bad as Donald Trump

Today, finally, Russ Joseph conceded defeat to John McManus when the final vote was certified. Russ lost.

Russ Joseph got 128,633 or 49.62%, John McManus got 130,592 or 50.38%.The people have spoken, they once again decided that even as the incumbent, Russ wasn’t worthy of keeping his appointed position. Usually, being an incumbent and a dem guarantees you win a countywide race in Montgomery County- and this time, Russ had the benefit of being a dem like Joe Biden who won the county by a wider margin:

  • DEM Biden/Harris135,064 50.18%
  • Hawkins/Walker 884  0.33%LIB
  • Jorgensen/Cohen 3,418   1.27%
  • REP Trump/Pence 129,034  47.94%

Coattails didn’t help Russ. This is the second time, 40 people in a back room have hoisted him into office and now, this is the second time he’s lost- with the full backing of the Dem party.

The first seat he was given for being Dem Party Chairman and Dayton Clerk of Courts butt kisser was the county Clerk of Courts seat when former Clerk, Greg Brush resigned midterm. Russ ran a campaign, and lost to Mike Foley 2 years ago. Mike Foley barely spent a dime, and yet beat Russ by101,603 to 100,862 or 741 votes. Didn’t matter, because Carolyn Rice won Dan Foley’s vacant seat and left the treasurers office for the County Commission. The party then gave Russ that job to hold for 2 years- he began immediately. No one elected him to squat, but he was given the office on the whim of 40 people who weren’t elected by a majority of anything. And here is where things in Ohio law get confusing.

The terms of county officials are staggered in Ohio so that you don’t end up with a bunch of new folks all at once. So, the Treasurers office, and the petition to run for the job, state you start in September of 2021. Russ, and others, somehow think that because he was appointed to the unexpired term- he should fill it to the end of the term. Had he won, as the system is usually rigged to work, he’d be fine- staying until September- and then continuing on his happy way.

However, Russ was appointed. Now the people have spoken once again, and they didn’t want him as treasurer. For Senators who were appointed, when someone is elected to fill their term, they start immediately. Just like Russ started when the party appointed him. So far, the Secretary of State has waffled on this. Like so many things in Ohio law- it’s written by lawyers instead of people with a good command of the English language- so, it’s supposedly open to interpretation.

From the elections guide:

Section 1.02
Vacancy in Elective Office
A vacancy in a public elective office can be caused by the death, resignation, suspension, or removal of the holder of the office before the current term has expired. The vacancy usually is filled initially by appointment in accordance with the relevant legal provisions. The vacancy in office also may require the holding of an election for the remainder of the unexpired term, depending on: 1) the particular office in which the vacancy has occurred, and 2) when the vacancy occurred.

Various provisions of the United States Constitution, Ohio Constitution, Ohio Revised Code, and home rule charters set forth procedures for filling a vacancy in a particular office by appointment, either for the remainder of the term or until an election is held to select someone to serve for the remainder of the unexpired term.

When a vacancy occurs in a county office, the board’s director provides notice of the party’s right to make an appointment to fill the vacancy to the central committee of the political party with which the outgoing office holder is affiliated.

A board may use Secretary of State Form 292 (Certification by Director of Board of Elections as to Political Party Affiliation of the Last Occupant of a County Office) to do so.

Because the State seems to believe that only those who are D’s or R’s count- there is no provision whatsoever in the law what happens if an independent candidate would get elected. If they died or resigned, who would get to name the replacement?

UPDATE

19 Nov 2020, a friend who is a very good lawyer, which apparently, we don’t have as a Secretary of State or a County Prosecutor, pointed me to ORC 305.02 Vacancy in county offices filled by election or appointment

(B) If a vacancy occurs from any cause in any of the offices named in division (A) of this section, the county central committee of the political party that nominated the last occupant of the office as a candidate for that office for the current term shall appoint a person to hold the office and to perform the duties thereof until a successor is elected and has qualified, except that if such vacancy occurs because of the death, resignation, or inability to take the office of an officer-elect whose term has not yet begun, an appointment to take such office at the beginning of the term shall be made by the central committee of the political party that nominated the officer-elect as a candidate for that office for that term.

Source: Lawriter – ORC – 305.02 Vacancy in county offices filled by election or appointment.

This section of law clears up some things, like what happens if an independent happens to win. But, it is clear, Russ is out as of yesterday, and McManus should be Treasurer now.

The idea that a political party gets to choose a person and their will outweighs the will of the people who chose a replacement in a regularly held election is almost as undemocratic as the false claims being made by Donald Trump about the legitimacy of the election. Russ Joseph is our local version of a man who should never have been allowed to have elected power.

The dirty little secret in Ohio- is that we don’t have a Hatch act provision to keep our political parties in check. Both parties in Montgomery County fill the seats with either elected officials or the people who work for them in patronage jobs. In Montgomery County Dem meetings- votes are held in public- so that you know that not going along with the majority could lead to you losing your cushy patronage job. The people who appointed Russ Joseph should have had no right to put him in power, but this is how the Monarchy works for the Monarchy and not the people. It’s how people like Beverly King got to hire her brother- a convicted rapist, to a job in the Board of Elections, without even posting the job. BTW- Bev is now the party secretary.

Once you work in government, or are elected to office, you should no longer be allowed to be involved in partisan party politics. You now work for US- the United States- which means ALL OF US- not just your party. This is how this country has screwed itself up- along with letting dotards like Russ Joseph get appointed to office.

If Russ had the tiniest bit of self-respect, he’d have resigned today and handed the keys of his appointed office to John McManus- the rightfully elected Treasurer. But, since he won’t- it’s time to file a lawsuit to put the will of the people over that of the criminals of the Montgomery County Democratic party. The one, we’re still waiting for the FBI to bring down as part of their culture of corruption investigation.

It’s time to discuss Trump’s treason

Trump wanted for TreasonLet’s talk about treason. It’s the only crime that’s defined in the U.S. Constitution in Article III, Section 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Article III, Section 3 authorizes Congress to set the penalties for treason, but not to change the definition or create degrees of treason. The federal treason statute, 18 U.S.C. § 2381, mirrors the Constitution’s language and imposes minimum penalties of five years’ imprisonment and a $10,000 fine. A conviction bars the defendant from holding any federal office and carries the possibility of the death penalty.

Source: How Is Treason Defined in the Constitution? What Are the Federal Criminal Penalties for Treason? | CriminalDefenseLawyer.com

Surprisingly, it’s not been used very often. Total count of folks tried for treason? 27 or so. Most famous? Aaron Burr who was tried and acquitted. Some of the offenses seem insane: William Bruce Mumford, convicted of treason and hanged in 1862 for tearing down a United States flag during the American Civil War. A bunch of folks during WWII got in trouble for either defecting or harboring escaped prisoner of war. The last person charged was in 1952 and that case was sort of misguided since it was against a Japanese American who thought he’d already lost his citizenship.

We’ve also killed a few people for other reasons of betrayal-

Julius and Ethel Rosenberg were American citizens who were convicted of spying on behalf of the Soviet Union. The couple was accused of providing top-secret information about radar, sonar, jet propulsion engines, and valuable nuclear weapon designs; at that time the United States was the only country in the world with nuclear weapons. Convicted of espionage in 1951, they were executed by the federal government of the United States in 1953 in the Sing Sing correctional facility in Ossining, New York, becoming the first American civilians to be executed for such charges and the first to suffer that penalty during peacetime.

Source: Julius and Ethel Rosenberg – Wikipedia

Lately, the Espionage Act of 1917 has been used instead of Treason to charge people for risking American’s lives, a few of the most recent high profile targets?

Chelsea Elizabeth Manning[3] (born Bradley Edward Manning, December 17, 1987) is an American activist and whistleblower.[4][5][6] She is a former United States Army soldier who was convicted by court-martial in July 2013 of violations of the Espionage Act and other offenses, after disclosing to WikiLeaks nearly 750,000 classified, or unclassified but sensitive, military and diplomatic documents.[7] She was imprisoned from 2010 until 2017 when her sentence was commuted.

Source: Chelsea Manning – Wikipedia

Edward Joseph Snowden (born June 21, 1983) is an American whistleblower who copied and leaked highly classified information from the National Security Agency (NSA) in 2013 when he was a Central Intelligence Agency (CIA) employee and subcontractor. His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes Intelligence Alliance with the cooperation of telecommunication companies and European governments, and prompted a cultural discussion about national security and individual privacy…

On June 21, 2013, the United States Department of Justice unsealed charges against Snowden of two counts of violating the Espionage Act of 1917 and theft of government property,[2] following which the Department of State revoked his passport

Snowden has been variously called a traitor,[5][6][7] a hero,[8][9][10] a whistleblower,[11][12][13][14] a dissident,[15] and a patriot.[16][17][18] U.S. officials condemned his actions as having done “grave damage” to the U.S. intelligence capabilities.[19] Snowden has defended his leaks as an effort “to inform the public as to that which is done in their name and that which is done against them.”[20] His disclosures have fueled debates over mass surveillance, government secrecy, and the balance between national security and information privacy.

Source: Edward Snowden – Wikipedia

One man’s espionage is another mans freedom fighter- or, in recent cases, whistleblower. Part of the problem in this country that was formed via an insurrection by revolutionaries- is that the founding fathers wanted it to be ok for the general masses to take on the government, with weapons if need be (however at that point- they were only concerned with muskets- not nuclear bombs). President Woodrow Wilson asked for some new tools to keep folks in line:

President Woodrow Wilson, in his December 7, 1915 State of the Union address, asked Congress for the legislation:[4]

There are citizens of the United States, I blush to admit, born under other flags but welcomed under our generous naturalization laws to the full freedom and opportunity of America, who have poured the poison of disloyalty into the very arteries of our national life; who have sought to bring the authority and good name of our Government into contempt, to destroy our industries wherever they thought it effective for their vindictive purposes to strike at them, and to debase our politics to the uses of foreign intrigue … I urge you to enact such laws at the earliest possible moment and feel that in doing so I am urging you to do nothing less than save the honor and self-respect of the nation. Such creatures of passion, disloyalty, and anarchy must be crushed out. They are not many, but they are infinitely malignant, and the hand of our power should close over them at once. They have formed plots to destroy property, they have entered into conspiracies against the neutrality of the Government, they have sought to pry into every confidential transaction of the Government in order to serve interests alien to our own. It is possible to deal with these things very effectually. I need not suggest the terms in which they may be dealt with.

Source: Espionage Act of 1917 – Wikipedia

This law has been questioned as some of it negates the protections of the hallowed 1st Amendment- our freedom of speech.

Now, let’s discuss what you and I generally can and can’t say- and this is where a famous legal quote comes in:

“Shouting fire in a crowded theater” is a popular analogy for speech or actions made for the principal purpose of creating panic. The phrase is a paraphrasing of Justice Oliver Wendell Holmes, Jr.‘s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant’s speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution. The case was later partially overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot).[1]

The paraphrasing differs from Holmes’s original wording in that it typically does not include the word falsely, while also adding the word “crowded” to describe the theater.[2] The original wording used in Holmes’s opinion (“falsely shouting fire in a theater and causing a panic”) highlights that speech that is dangerous and false is not protected, as opposed to speech that is dangerous but also true.

Source: Shouting fire in a crowded theater – Wikipedia

Which brings us to President Donald Trump and his refusal to accept the election results, to deny President elect Joe Biden with security briefing material, access to transition processes and the defense of his actions by members of Congress who failed to remove Trump from office via impeachment earlier in his tenure.

Trump has been inciting riots across our country for the last two years, dividing us, causing instability and a broad mistrust of institutions that this country has relied on to keep democracy functioning- like the freedom of the press (which he contends generates fake news) and his creation of a false narrative about an imaginary force he calls “Antifa” as if being anti-fascist is a bad thing. And, then, there’s the mishandling of the Coronavirus.

Despite knowing of its danger, and that wearing a mask can help subvert it’s transmission, Trump has continuously pushed for a false narrative, that it would disappear by Easter, that various drugs and potions would work and that masks weren’t necessary. The net result is that, to date, in less than 10 months, we’ve lost almost half as many Americans as died in WWII over four years.

We can look at the people tried for treason or espionage and all of them combined, didn’t kill a tiny fraction as many Americans as Trump has lorded over. We can look at Pearl Harbor, or 9/11- where foreign enemies attacked us and inflicted casualties- 2,403 died on Dec 7, 1941, and 2,977 on 9/11 2001. Add those up- and you’re at 5,400.

So far the Covid death toll in America is surpassing 248,000 and rising faster daily. If this isn’t equal to  “Treason against the United States, shall consist only in levying War against them” or by the words of Wilson, “who have poured the poison of disloyalty into the very arteries of our national life; who have sought to bring the authority and good name of our Government into contempt, to destroy our industries wherever they thought it effective for their vindictive purposes to strike at them, and to debase our politics to the uses of foreign intrigue” which fully fits how Trump has maligned our democratic processes and protections that are guaranteed by the constitution and promised with the words of the Declaration of Independence “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” I don’t know what is.

It’s time for Trump’s immediate removal from office, along with his supporters who have ignored the will of the people, who have allowed this miscreant to bend our society to the point of civil unrest, egging on an insurrection and acting with impunity to the risk of our great nation. By failing to acknowledge the will of the people, for failing to concede as 44 other presidents have done before him, for his mocking of the rule of law, he must not be allowed to continue to mock us with his abuses of power and those of his backers. It is time to use the constitutional definition of treason, to use the espionage laws to their fullest extent to protect the peaceful transition of power, and to show respect not only for the office of president, but the process that bestows the powers and principles of this country into the office that Trump has besmirched.

If there was a time to hang an American for levying war against our citizens, it is today, as 248,000 have died and many will continue to die, because of Trump’s treason.

note: After I wrote this, I searched for an image and found that USA Today published an editorial asking the same thing- is Trump guilty of Treason. Because in Dayton, it takes a herd to be heard, I thought I’d include this, so you can’t say here goes Esrati off the deep end again. The reality is, our country has to regain it’s senses, fast. Before he starts another war.

 

 

Reconstructing Dayton proposes changing the way Daytonian’s elect the commission

Reconstructing Dayton logoToday, Reconstructing Dayton, a 501(c)(4) non-profit has published a plan for review that will change the way the Dayton City Commission is elected. The current system generally creates commissioner for life jobs for those who manage to get elected. To do that, you either have to have the backing of the Dem party, or, run in a special election where there is no incumbent. The proposed charter changes make it easier to run, and provide a way that minority voices can gain access to the commission. It also cuts the costs of an entire primary and shortens the election cycle to one where money isn’t the dictating factor. We’re asking for citizens to review the proposal- which includes ranked choice voting, and provide comments and suggestions before we start it through the gauntlet. The new system would:

  1. Eliminate primary elections for City of Dayton Commissioners
  2. Fill vacancies with prior candidates who finished 3rd or 4th in the most recent election, eliminating the need for special elections unless no prior candidates exist
  3. Assign the Commissioner receiving the greatest number of votes the title of “Mayor.” If they don’t accept, it rolls down to the candidate with the next most votes
  4. Reduce the required number of signatures for a candidate to appear on the ballot to 50
  5. Remove the necessity of a nominating committee for candidates seeking election
  6. Remove the necessity of notarizing a nominating petition
  7. Establish an instant-runoff general election that will select two or three city Commissioners every odd-numbered year

Source: A Petition to Change Dayton’s Local Elections | Reconstructing Dayton

See the above link for all the details.

Reconstructing Dayton is partially supported by the Modern Policy Institute, a 501(c)(3) that is dedicated to making voters better informed, advance smart policy and help modernize public access and transparency for local government nationwide. More information about the Modern Policy Institute will be available soon when they launch their website.

Local FBI gives KKK a run for their money

Apparently, only Black people are involved in a widespread “Culture of Corruption” where single elected Black officials or former Black elected officials, or son’s of former elected Black Officials- single handily are able to pocket large amounts of money from contractors who want to do business with the city.

Here we go again in Cincinnati:

A federal grand jury has charged a Cincinnati city councilman and his business partner in a conspiracy involving honest services wire fraud, bribery, attempted extortion by a government official and money laundering.

Jeffrey Pastor, 36, of Cincinnati, allegedly solicited and received $55,000 in bribes between August 2018 and February 2019 in exchange for promised official action related to projects before the City of Cincinnati.

Pastor’s business partner, Tyran Marshall, 35, of Cincinnati, allegedly acted as a middleman in receiving bribes payments.

For example, according to the 10-count indictment that was returned on Nov. 4 and unsealed today, in September 2018, Pastor and Marshall flew to Miami, Fla. on a private plane to meet with investors regarding a real estate development project. Pastor never paid for or disclosed the trip. During the trip, Pastor allegedly explained he would ensure favorable action on behalf of the city for the project and could receive money through Marshall’s non-profit entity Ummah Strength, LLC (which had been incorporated two weeks prior). Pastor discussed “compensation” and agreed to accept $15,000 for helping with the project. He said the purpose of Marshall’s entity was to “sanitize” the money. Pastor accepted $15,000 in cash about a week later.

Pastor and Marshall allegedly solicited and received another $20,000 in October and November 2018. They allegedly received two $10,000 payments in exchange for Pastor’s official city action benefitting a second project.

From January 2019 through early March 2019, Pastor allegedly continued to attempt to secure more bribe money for help on a city project.

Pastor and Marshall each appeared in federal court before U.S. Magistrate Judge Stephanie K. Bowman.

Pastor is charged with each of the 10 counts in the indictment: one count of conspiring to commit honest services wire fraud (up to 20 years in prison), two counts of honest services wire fraud (up to 20 years), three counts of bribery (up to 10 years), three counts of attempted extortion by a government official (up to 20 years) and one count of money laundering (up to 20 years).

Marshall is charged with four crimes: one count of conspiring to commit honest services wire fraud (up to 20 years in prison), one count of bribery (up to 10 years), one count of attempted extortion (up to 20 years) and one count of money laundering (up to 20 years).

Source: Cincinnati City Council Member and his business partner charged with accepting bribes | USAO-SDOH | Department of Justice

Now, note, on the Dayton City Commission, it’s supposed to take at least 3 votes to award a contract, after it’s already been recommended by the City Manager. In Cincinnati, where the city council has 9 council members- you’d need 5 votes. The FBI has only arrested 2 of them- both Black.

Literally, the only person not-of-color who has been arrested was Steve Rauch of SRI- the demolition contractor who’s been shoveled millions annually by the Dayton City Commission, and who used to be best buds with Rhine McLin. Rauch used to show up on campaign finance reports pretty regularly as a big political donor- until about 8 years ago- when he must have found another way to funnel cash into the needy pockets of our local officials.

Reality is, the FBI has shown a remarkable ability to only arrest people of color. There is something very wrong here. Pay to Play is alive and well in Dayton Ohio and you don’t have to be a rocket scientist to trace the money, or even an FBI agent- it’s clear as day when you look at the donor list for Issue 9 where Daytonian’s got suckered into voting to raise their own taxes.

Every single donor has direct ties to either contracts, unions, a job within City Hall, or is a major tax dodging “non-profit” business that gets everything else they ask for.

It’s time for an investigation of the investigators.

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