VIEWPOINTS A6 • DELHI PRESS • JANUARY 8, 2014
Editor: Dick Maloney, rmaloney@communitypress.com, 248-7134
EDITORIALS | LETTERS | COLUMNS | CH@TROOM
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Hamilton Co.’s grand jury process
house. The grand jury If summoned for listens to testimony jury duty, you are and examines eviassigned either to a dence presented only regular jury or a grand by the prosecution jury. before deciding On regular (also whether to return an called “petit”) jury indictment. An induty you could be sedictment is merely a lected for a criminal or Brad formal charge; it still civil case. In a grand Greenberg jury, however, a group COMMUNITY PRESS must be proven beyond a reasonable of citizens hears only GUEST COLUMNIST doubt at trial before a criminal cases and defendant can be convicted. decides if someone will have When the prosecutor preto face trial for a felony ofsents a case, only the testifyfense. A felony is a crime that ing witness and the grand is punishable by at least one jurors are in the room. After year in prison. the last witness testifies, the In Hamilton County, the grand jury meets in the prose- prosecutor and witness exit cutor’s office, not at the court- the room so the jurors can
deliberate and vote. Defendants may request to testify, but rarely do so. Nine grand jurors vote on each case and each charge. Before voting to indict, the grand jurors must find probable cause that: 1, a crime was committed, and 2, that the accused committed the crime. At least seven of the nine grand jurors must agree that there is sufficient evidence to return an indictment. A common phrase suggests that a prosecutor can convince a grand jury to indict a “ham sandwich” because of the process’s one-sided nature. My prior experience as a prosecutor makes me dis-
CH@TROOM Jan. 1 question
NEXT QUESTION
Should the U.S. adopt an advisory panel’s recommendations to end the government’s systematic collection of logs of all Americans’ cellular phone calls and require those to be kept in private hands “for queries and data mining” only by court order? Why or why not?
Every week we ask readers a question they can reply to via e-mail. Send your answers to delhipress @communitypress.com with Chatroom in the subject line.
“We are definitely in an 1984 epic realty show. Unfortunately, it is not a 'show' but the central government intrusion into our lives. “The recent U.S. District Court opinion was on the money. Eroding our private lives is unacceptable. This started when 9/11 caught most of us by surprise.
Many documents have shown that the present wholesale spying on citizens would not have prevented that tragedy. “Secret courts whiteout public information is a danger to the Constitution. One should read that document
What do you think of city council giving the go ahead to resuming the streetcar construction for Cincinnati?
to understand the many ways that government agencies are twisting it.”
W.B.
“Yes, the US should probably adopt the recommendation, but the president has said there will be a decision made about much of this in January. In the post-911 world many parts of our freedom of speech have been curtailed. “The real question is how much freedom are we willing to sacrifice in order to feel safer from terrorism occurring on our soil? And if you have a problem with that sacrifice of freedom, don't use a cell phone.”
TRog
Deregulation as an economic stimulus Howard Ain’s assessment of customer’s confusion about the deregulated marketplace of traditional utility service is accurate. However, a strategy that Mr. Ain did not address but truly does benefit residents and small businesses is for communities to adopt a governmental aggregation program. While an aggregation strategy may Donald not eliminate Marshall all the harass- COMMUNITY PRESS GUEST ment that COLUMNIST takes place, residents are assured that the community has negotiated the price as well as the terms and conditions of service with a single alternative supplier. Local communities including the villages of Addyston and Cleves, the City of Cheviot and Green Township have implemented aggregation programs for the benefit of their residents. The elected officials should be commended for taking the initiative to implement aggregation for the benefit of residents and small businesses. While
many believe government should not be involved in such services, unfortunately state law is written in such a manner that local government must be involved so that the benefits of aggregation inure to residents. Aggregation results in lower rates since alternative suppliers assume a greater percentage of the populous will enroll resulting in greater load diversity that leads to lower rates. Aggregation programs allow all residents to benefit and receive the same price and terms of service but residents retain the choice to opt-out of the program. Eagle Energy endorses aggregation programs and would encourage more communities to adopt these programs for the benefit of residents. Eagle Energy administers the aggregation program of 11 communities and through September the residents of those communities have realized $3 million in lower utility rates. Aggregation programs are implemented without cost to residents meaning the realized savings translates into a $4 to $5 million local economic stimulus. Mr. Ain also mentions the
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PUCO website when comparing rates. The PUCO ignores the sales tax component of natural gas rates. Customers should make sure they are making a valid natural gas comparison when evaluating natural gas rates by including the 6.75 percent sales tax impact on any natural gas offer. Often alternative suppliers ignore this tax when quoting prices. Sales tax does not apply to electric rates. As a final note, the PUCO has issued revised rules for comment dealing with the manner alternative suppliers must abide by in the solicitation of customers and related matters. Eagle Energy in its comments suggested door-to-door solicitation be prohibited especially in communities that have adopted a governmental aggregation program. Eagle Energy also suggested in its comments that additional clarity be mandated when a utility and its marketing affiliate operate in the same serving area; e.g., Duke Energy and Duke Energy Retail Sales. Donald Marshall is president, Eagle Energy, LLC. He lives in Green Townhip.
agree. Although a few prosecutors may abuse the system, most prosecutors have no interest in purposely indicting cases that would be hard to try. Moreover, I have observed that grand jurors, like regular jurors, are independent, serious about their duties, and not easily persuaded to indict an obviously weak case. A unique and important aspect of grand jury service is the oath of secrecy. The oath of secrecy covers the entire grand jury proceeding and is permanent. A regular juror may discuss a case publicly after a verdict is announced in open court, but a grand juror
must keep the proceedings secret forever unless ordered otherwise by a judge. Both grand jury and regular jury service last for two weeks in Hamilton County. If selected for grand jury, you will hear approximately 50 cases each week. In comparison, most regular jurors sit on only one or two cases at most. Perhaps its unique process makes most people who have served on both regular and grand juries prefer grand jury service. Judge Brad Greenberg is a judge in Hamilton County Municipal Court. He lives in Loveland.
The tree crisis: Reviving a battlefield
The drive along Interstate 275 is the scene of a battlefield. Thousands of giant soldiers are in a battle to save their lives. Unfortunately, the enemies are winning. With too many forces working against them, the soldiers don’t stand a chance. They need replacements. The drive, that once provided an awesome view of expansive greenery, is now a scene of barren and broken limbs and masses of dead or dying Tia Garcia trees. ThroughCOMMUNITY PRESS out the Tristate GUEST COLUMNIST region, thousands of trees are caught in a battle against disease, insect infestations and invasive species. The emerald ash borer, an invasive beetle which bores into trees and disrupts the flow of nutrients, is now attacking the nine species of native ash throughout the region. In total, more than 20 million trees will inevitably be lost to the emerald ash borer in the Tristate region within the next 10 years. Other insects are also threatening the tree canopy. In Clermont County, the Asian longhorned beetle is responsible for the loss of 9,000 trees. Although this beetle is expected to be contained and eradicated, it has caused significant damage, and its potential to return requires continued vigilance. Another new threat is the walnut twig beetle, which carries a fungus fatal to black walnut trees. Insect infestations are not the only threats to the region’s trees. Disease and other invasive species also endanger local forests. With the increase of invasive plants like honeysuckle and the flowering pear, forests can’t regenerate and open areas can’t re-forest as they have in the past. The tree seedlings that do survive often fall victim to deer, whose growing population consume young plants before they have a chance to mature. With all these factors working against them, trees and forests are struggling What can be done to keep the trees we have and replace the ones that are lost? The Ohio-Ken-
5556 Cheviot Road Cincinnati, Ohio 45247 phone: 923-3111 fax: 853-6220 email: delhipress@communitypress.com web site: www.communitypress.com
tucky-Indiana Regional Council of Governments, the Cincinnati Zoo & Botanical Garden, the Green Partnership for Greater Cincinnati and the Green Umbrella have joined forces to create Taking Root, a broad-based campaign to address the current and historic loss of the region’s tree canopy. Through education and improved management, the campaign hopes to better maintain existing trees and also to plant 2 million trees by 2020 (one for everyone in the region). This is not the first time the region’s trees have been victims of a battle. In the late 1800s, much of the region had been de-forested. It was during this time when Cincinnati became a prominent leader in the movement to conserve the nation’s forestry. In 1875, Cincinnati natives formed the American Forestry Association. Seven years later, the First Annual Forestry Congress was held in Cincinnati. It called for “the discussion of subjects relating to tree planting: the conservation, management, and renewal of forests.” Two days later, the superintendent of Cincinnati schools, John B. Peaslee, closed all schools and every Cincinnati child went to an abandoned vineyard and planted trees. That vineyard is now Eden Park. In order to overcome the loss of the region’s tree canopy, the community must once again come together. Trees cannot fight this battle on their own, and their loss would result in devastating environmental and economic consequences. Taking Root is leading the battle to save the region’s trees through a collaborative effort in which communities will be provided opportunities to join the fight and help ensure that trees come out the winner. For more information on the battle and how you can help, go to www.takingroot.info. Tia Garcia is the communication intern for the Ohio-Kentucky-Indiana Regional Council of Governments. She is in her fourth year at the University of Cincinnati studying both journalism and communication and will be graduating in the spring of 2014.
Delhi Press Editor Dick Maloney rmaloney@communitypress.com, 248-7134 Office hours: 8:30 a.m.-5 p.m. Monday-Friday See page A2 for additional contact information.