When will it end?

[gae]

I got the following in my email today from Chris Smitherman. Not only do I disagree with everything he said, I'm shocked, shocked, I tell you that anyone on City Council thinks this is more important than the daytime theft of one of our trash cans yesterday.

It the email it was on City paper and all that.

Gregory G. Lockhart
United States Attorney
400 Atrium II
221 East Fourth Street
Cincinnati, Ohio 45202-4166

February 11, 2005


Dear Attorney Lockhart:

I am writing to request that the federal government immediately intervene on behalf of Mr. and Mrs. Roger Owensby, Sr. relating to the November 7, 2000 in-custody death of their son, Roger Owensby, Jr. On November 7, 2000, Mr. Roger Owensby, Jr. died as a result of the actions by officers of the Cincinnati Police Department (CPD). As an elected member of Cincinnati City Council, I am requesting that Officers Robert Jorg and Patrick Caton be tried in federal court to bring justice and closure for the Owensby family and the City of Cincinnati, Ohio.

The Hamilton County Prosecutor?s Office, then headed by Attorney Michael K. Allen, initially tried Mr. Owensby?s case. Although a grand jury came back with murder charges against Officers Jorg and Caton, Prosecutor Allen reduced Officer Jorg?s charges to Involuntary Manslaughter and Assault. There was a hung jury (10-2) in Officer Jorg?s case. Prosecutor Allen reduced the charge against Officer Caton to Assault. Officer Caton was acquitted. Current Hamilton County Prosecutor Joseph Deters indicated in a letter dated February 1, 2005 that he would not retry either case.

I have included a letter dated December 28, 2001 written by Hamilton County Commissioner Todd Portune to then United States Attorney General John Ashcroft asking the Department of Justice (DOJ) to determine whether any federal criminal or civil rights violations occurred as a consequence of Mr. Owensby?s caused death. On Wednesday, February 9, 2005, I spoke with Commissioner Portune, he stated that the DOJ responded to his letter and indicated that there was an open investigation regarding the Owensby case. Commissioner Portune also indicated that he had not heard the results of the investigation.

In addition, I have included a copy of United States Senior District Judge Arthur Spiegel?s May 19, 2004 summary judgment on the Owensby?s claim that members of the CPD used excessive force against their son (pages 7 ? 22 provide the factual background).
The Owensby family is seeking justice for the death of their son, Roger Owensby, Jr. There is ample evidence to warrant the federal court?s involvement in this case. I am humbly requesting that the DOJ retry Officers Caton and Jorg through the federal court system. It is my understanding that the statute of limitation for this case ends on November 7, 2005.

The City of Cincinnati is struggling with issues of justice and racial reconciliation. It is never easy to make historical comparisons. However, it is difficult to miss the similarities of the extensive fight that the mother of Emmett Till and the parents of Roger Owensby, Jr. have faced while seeking equitable resolution for the death of their children. There is no doubt in my mind that Mr. Owensby?s civil rights were violated.

We currently have soldiers in Iraq and Afghanistan fighting for democracy. The irony of the Owensby story is that Mr. Owensby served his country and fought for other people so they could enjoy the freedoms that many Americans take for granted. However, when he returned home to Cincinnati, he was deprived of the very same liberties for which he fought as a member of the U.S. Armed Forces. There are two realities in America: one black, one white. The Owensby?s continual quest for justice has led them to seek intervention through the federal courts. Your participation will help insure a level playing field for all Americans and that each American receives equal treatment under the American Flag. Please do not allow Mr. Owensby to die in vain.

I appreciate your time and consideration of this important matter and would be honored to speak in person with you about the case.

Sincerely,

Christopher Smitherman, Cincinnati City Council Member
cc: Mr. Roger Owensby, Sr., Hamilton County Commissioner Todd Portune

<font size="2" face="Verdana, Helvetica, sans-serif">I'm sick and tired of hearing about it.

[LanDroid]

If you're sick of hearing about it, why did you start a thread on this subject? [img]tongue.gif[/img]

[Lew]

Gae, for what it's worth....whether the Feds decide to do anything with this case is a decision that is not effected, in any way, shape or form, by what Cincinnati city council believes.

[gae]

I started the thread, Lan, because I'm more concerned about trash can thieves than I am about the dead horse issue that is Owensby. Which would be an issue at all if this stupid city wasn't held hostage by the poverty pimps.

[LanDroid]

Ain't is possible the wind done blow'd dat can away or do ya think some poverty pimp is sellin it on E-Bay?

[gae]

Since you've never been here, I can understand that you might think the winter winds blowed the can away. However, the only place it (and the lid) could go is into a neighbor's yard or into the alley.

But I do want to thank you for the ebay suggestion. If there is a market for dented, well used, need-to-be-replaced 6+ year old trash cans, I'm thinking we just might get rich from all the cat fur around here.

Any takers?