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Algorem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:31 PM
Original message
Republican councilman arrested for beating son("parental intervention")
Edited on Sun May-15-05 11:36 PM by Algorem
City Councilman accused of beating son

http://www.cleveland.com/newsflash/cleveland/index.ssf?/base/news-17/1116212740242260.xml&storylist=cleveland

5/15/2005, 11:16 p.m. ET
The Associated Press

CINCINNATI (AP) — Police arrested a Cincinnati city councilman early Saturday morning and charged him with domestic violence for allegedly beating his son.

Sam Malone, 34, pleaded innocent to the misdemeanor charge and was released from the Hamilton County Justice Center. His son is staying with a relative after a judge instituted a temporary restraining order prohibiting Malone from having contact with him.

Doctors contacted authorities after treating Malone's 14-year-old son at an area hospital Friday night. They reported they found welts and belt marks on the boy's body, said Laurie Petrie, a spokeswoman for the Hamilton County Department of Job and Family Services.

"For a child to be disciplined to the point of going to the hospital, we would be looking at that as possible abuse," she said....
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:37 PM
Response to Original message
1. Republican children can be expected to be disrespectful
toward the planet, toward women, toward the rule of law, and of course, toward children, since that's what they "learned..."

Now that Malone's a proven child abuser, can we expect Bush to nominate him for some high post?
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DBoon Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:39 PM
Response to Reply #1
2. Department of Health and Human Services??
Why not?
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:49 PM
Response to Reply #2
7. or perhaps Secretary of Education?
based on the "Bolton template"
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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:48 PM
Response to Reply #1
6. Not all
Edited on Sun May-15-05 11:49 PM by FreedomAngel82
My parents are republicans (my mother is no longer one though) and I turned out alright. I'm now democratic. ;) It's not fair to say every republican child turns out bad.
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:50 PM
Response to Reply #6
8. no, not quite fair -- but the farther right the parents, the more screwed
up the kids. Well, any extreme, rigid political/religious orthodoxy will wither the soul, and make someone an utterly unfit parent...
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 12:25 AM
Response to Reply #8
14. I'm guessing Maya Keyes is turning out remarkably well.
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 12:33 AM
Response to Reply #14
16. touche!
Of course, they have to have that inner-spirit to keep it together and rebel... Not all of them do, or can...
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 12:45 AM
Response to Reply #16
17. Sometimes our parents serve us well by being bad examples.
Edited on Mon May-16-05 12:48 AM by TahitiNut
It's our choice to accept or seek an alternative. All children have that choice -- though it may be hard to acknowledge. Personal growth is about overcoming one's experiences, both the bad and the good. Sometimes the 'good' are actually more difficult to overcome. Those experiences generally accepted as unreasonable to overcome are called 'traumatic' - rarely used to describe the 'good' experiences which can inhibit personal growth as well.
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 01:04 AM
Response to Reply #17
18. true enough, but:
I'll still opt for the parenting done without beating.

instead of the exceptions -- like Maya Keyes -- we just have to look at the world as a whole to see "how well" the "treating children with violence" method is working in turning out adults...
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:52 PM
Response to Reply #1
11. Not yet .... there's still the all important hurdle of
spousal rape and sodomy.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:40 PM
Response to Original message
3. Possible child abuse?
Beating the "far right wing Jesus" into the boy?
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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:47 PM
Response to Original message
4. Possible abuse?
If he was brought into the hospital because of his father I think that does count as abuse if they can prove it was the father. Disgusting. :(
That poor boy.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:48 PM
Response to Original message
5. Yeah, well,children today need to learn discipline and not be such sissies
They need to be toughened up for when they get drafted.
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 12:14 AM
Response to Reply #5
13. Yea, we need them tough guys, it works wonders for the morale
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eleny Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:50 PM
Response to Original message
9. A Dobson follower?
Beating his kid until he shed "real" tears? Animal!
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 07:20 PM
Response to Reply #9
36. that's what I was thinking
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daleo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-05 12:13 AM
Response to Reply #9
46. I thought of that too.
Someone better make sure this guy didn't give his dog a good drubbing as well, as Dobson advises people should do to disobedient pets.
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Fridays Child Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-05 11:51 PM
Response to Original message
10. Another case of Moral Values ™ in action.
nt
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yorkiemommie1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 12:07 AM
Response to Original message
12. my parents would have been arrested too
i remember the strap, wooden clothes hangers and yardsticks.

when i had my daughter, i did not repeat the pattern and at 28, she is extremely close to me.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 12:28 AM
Response to Reply #12
15. I remember the belt and the branches
I used to try to put makeup on the welts and the bruises so they wouldn't be noticed. My sins for this punishment? I guess it depended on how drunk and angry they were. I remember many times when they hauled dishes out of the cupboards and found spots on them.
That was truly deserving of a good beating.

I left home at 15 and never spent another night in that hellhouse.
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CoffeeCat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 02:10 AM
Response to Reply #15
19. Erika
Edited on Mon May-16-05 02:11 AM by TwoSparkles
I'm sorry for the abuse you endured, at the hands of your parents.

Your parents sound like very emotionally disturbed people. It must have been scary to leave on your own--at age 15. Obviously, you have a courageous spirit and a strong center. Somehow, you knew to get away and get yourself safe.

I applaud you for being wise beyond your years and I hope you have found peace and joy in your life.

~2s
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Daphne08 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 03:32 AM
Response to Reply #15
25. I'm so sorry that happened to you.
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yorkiemommie1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 06:52 PM
Response to Reply #15
34. my parents weren't drunk
but frustrated. good catholics wanted to have 'as many children as God wanted us to have'. And w/ chinese background, the GIRLS were not as valuable as the twin sons that came after me and my sister. standard line amongst that generation was " It's a good thing you had the girls first; they can help you w/ things. "

So, 4 kids under five on one income in the 50s. a mother prone to depression and jealousy, and the three of four of us asthmatic. off topic, but the 'boys' are still the favorites. We girls got the brunt of everything.
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delete_bush Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 02:33 AM
Response to Original message
20. Sam Malone got married?
Did he end up with Diane, or was it Rebecca?
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-05 04:31 PM
Response to Reply #20
50. What did the poor kid do, pull his rug off?
Seriously, it sounds like Sam "Mayday" Malone would be a beter councilmember that this moran. While Sammie may have been a :dunce: , at least he wasn't pure evil!
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malachi Donating Member (653 posts) Send PM | Profile | Ignore Tue May-17-05 05:04 PM
Response to Reply #20
51. I'd say, Diane. That's why he's pounding on his son. That and he's
pissed that he had to move from Boston to Cincinnati.
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MarkTwain Donating Member (902 posts) Send PM | Profile | Ignore Mon May-16-05 03:14 AM
Response to Original message
21. Sam's a Power Lifter ! .... Complete Bio Here
As an accomplished boxer, wrestler, and powerlifter, he is Former Golden Gloves Boxing Champion, All Navy Boxing Champion, the Ohio two time State Power Lifting Champion, and Amateur Wrestling Champion.

.... vs. a fourteen year old boy.


Sam Malone
Biography

With a lengthy history of community service throughout Cincinnati, Councilman Sam Malone has accomplished much as a community activist. Sam was Bond Hill Community Council President and established the Community Council Presidential Partnership during his term. This committee was a collective of community council presidents who met regularly to discuss and problem solve issues faced within their respective communities. During his term, he also organized a coalition of community council presidents to write the state legislature in opposition to the cutbacks in library funding that threatened numerous libraries in Cincinnati and Hamilton County. Sam was very active on this issue, and through his leadership and the efforts of residents in Bond Hill, Deerpark, Elmwood Place, Greenhills, and Mt. Healthy library closure was averted in these communities.

As Co-Chair of the New Woodward Design and Implementation Committee, Sam played an instrumental role in steering the design of this state-of-the-art facility and the selection of its new principal. He has always maintained an active presence in education and in the lives of young people by mentoring students at Walnut Hills, Western Hills, Aiken, and Taft High Schools. He was also a board member of Media Bridges, Gamble/Nippert YMCA, Invest in Neighborhoods Corp., and Vice President of the Bond Hill Urban Redevelopment Corporation. He continues to serve on the Cincinnati & Hamilton County Mental Health Board, a service he enjoys because it allows him to be actively involved in the delivery of mental health services in our city. When it comes to communities and community service, Sam says, "Community Councils bring energy, direction, support, and education to the community and its residents. Ultimately, communities need community councils. More importantly, community councils need active support from community members in order for communities to thrive and the needs of residents to be met."

One of Sam’s most cherished roles is President of the Lincoln Douglass club, an organization designed to increase the presence, participation, and influence of African Americans in the Republican Party. The organization continues to meet regularly, and under his guidance and vision, membership continues to increase tremendously.

Politically, Mr. Malone is new to Cincinnati City Council and ran for a seat on council in 1999 and 2001. In 2001, he narrowly lost by only 3000 votes, but succeeded in 2003 with a brilliant and aggressive campaign. He brings an abundance of experience, energy, and enthusiasm to our city, and his assets range from banking and workforce development to mentoring. While in office, he vows to listen, serve, and lead for the citizens of Cincinnati. He is currently Vice Chair of the Health, Tourism, Small Business, and Employment Committee and also serves as a member of the Finance Committee.

Sam is a native Cincinnatian and currently lives in Bond Hill with his son. He graduated from Western Hills High School and is a proud veteran of the United States Navy. He is in the process of completing his Bachelor of Arts degree in Political Science from Xavier University. As an accomplished boxer, wrestler, and powerlifter, he is Former Golden Gloves Boxing Champion, All Navy Boxing Champion, the Ohio two time State Power Lifting Champion, and Amateur Wrestling Champion.

www.cincinnati-oh.gov/council/pages/-7155-/

.... where you can even hear an audio greeting from the child beater, himself.
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dmr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 03:37 AM
Response to Reply #21
27. OMG! That just breaks my heart
As an accomplished boxer, wrestler, and powerlifter, he is Former Golden Gloves Boxing Champion, All Navy Boxing Champion, the Ohio two time State Power Lifting Champion, and Amateur Wrestling Champion.

.... vs. a fourteen year old boy.
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MarkTwain Donating Member (902 posts) Send PM | Profile | Ignore Mon May-16-05 03:25 AM
Response to Original message
22. "Stop Dad, stop" ... the child's plea
- SNIP-

" Arnold Dillard, of Walnut Hills, says he lived next door to Malone before the councilman moved a few months ago to 852 Lincoln Avenue.

He says the arrest doesn't surprise him. "This window right here in the middle -- you could actually hear screaming from there, and telling him, 'Stop Dad, stop'," said Dillard.

Police say the 14-year-old was taken to Childrens Hospital with welts and swelling across his chest, arms, buttocks and back.


As for Malone, there was no answer at his door. "


Two complete stories and a streaming report:
http://www.wcpo.com/news/2005/local/05/14/malone.html
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Daphne08 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 03:30 AM
Response to Original message
23. "...we would be looking at that as possible abuse..."
Possible abuse?

Disgusting!
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dmr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 03:30 AM
Response to Original message
24. This is his defense:
- snip -

Malone said what happened was a "parental intervention" after his son had a discipline problem at school.

"Our children cannot be expected to act in a disrespectful way to teachers and other individuals in positions of authority," he said in a prepared statement. "Proper discipline is an important and necessary component of good parenting."

- snip -

What exactly was that discipline problem in school? Is he enrolled in a public or private school? Was he that bad, or was he just not conforming? What are the other factors involved?

I was a physically and verbally abused child. Today I physically suffer from it. I won't go into my years of quiet emotional suffering.

I have a teenage son that has been raised to not conform, to be an independent critical thinker, not a follower, as well as be a gentleman. He is the funniest, compassionate, capable, hard working entrepreneuring teenage lefty I have ever known. I never once raised my hand to him. As a parent, you need to make a commitment to your child to be consistent in fair discipline, listen, be honest, nurturing, and allow them to grow into the person they chose to be.

My son has a buddy, Thomas, whose father rides him unmercifully. Thomas is one of the nicest boys you could ever meet. I just don't understand this father. The father does not want his son hanging out with my son, or visit at our house. The father is a die-hard Republican, Thomas is a lefty. Last year, my son, Thomas and couple of other boys would make homemade anti-Bush*, (or even Vote for Kerry) signs, take them up to the main road and do an impromptu protest. If this boy's dad found out, he was punish. The last one I'm aware of he was grounded to his room for a month with no TV, and no video games. You would think this type of punishment would be used if Thomas purposely did something terribly wrong. The boy could have been out smoking or doping up instead of being an activist.

Anyway, when this father in the above article says that "proper discipline is an important and necessary component of good parenting", I have to ask, where and what are your parenting skills. Why do you believe you have to resort to abuse? Just what is your definition of disrespectful behavior toward authority? I sure would like to sit down and have a conversation with this boy.
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MarkTwain Donating Member (902 posts) Send PM | Profile | Ignore Mon May-16-05 03:35 AM
Response to Original message
26. Sam's a Homophobe as well as a Child Abuser....
...why does this not surpise? .... gotta' just love those Republican Family Values.

Gay Rights In Cincinnati
By Keith Boykin
April 21, 2003 10:07 AM
in politics

In Cincinnati, a hate crimes law that was passed after the murder of a black gay man last December is now in danger of being repealed by a black city council candidate.

After the death of Gregory Beauchamp on New Year's eve, city activists and officials worked together to add sexual orientation to Cincinnati's hate crimes ordinance. The new law was passed 7-2 by the city council on Feb. 5, 2003.

Now a black city Council candidate, Sam Malone, has joined forces with state Rep. Thomas Brinkman and political activist Mark Miller in filing a lawsuit against the law. The lawsuit, filed Apr. 9, 2003 in Hamilton County Common Pleas Court, alleges the hate crimes law violates an amendment to the city charter passed by 62 percent of the city's voters in 1993. That amendment prohibits the council from passing any law giving "protected-class" status based on sexual orientation. Cincinnati is the only city in the nation with such a law.

- SNIP -

http://www.keithboykin.com/arch/000713.html
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dddem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 05:50 AM
Response to Reply #26
29. Interesting
I wonder where his son's mother is? Not that I'm trying to imply anything about self-hatred and displaced anger.
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MountainLaurel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 06:07 PM
Response to Reply #29
32. Cowering in the closet
While she listens to her son's screams of pain?
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rexcat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 07:30 PM
Response to Reply #29
37. She died several years ago in a car accident...
The custody battle between Sam Malone and the mother's family was contentious.
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Ysolde Donating Member (368 posts) Send PM | Profile | Ignore Mon May-16-05 09:16 PM
Response to Reply #37
40. Hopefully
after this incident, the mother's family can go back to court and rescue this child from this brutal man.

When are we humans going to rise above brutality? :cry:
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 09:17 PM
Response to Reply #29
42. I looked too... didn't see any mention of the mother
I would think if the mother was there the judge would probably order the father to move out instead. That leads me to think the mother isn't there.
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athenap Donating Member (136 posts) Send PM | Profile | Ignore Mon May-16-05 07:17 PM
Response to Reply #26
35. Article 12 was repealed...
...even though Hamilton county turned red based on some strategic PR suckering at the last minute...and possible voter fraud which I can't either completely rule out or completely blame for the way Ohio went. But thankfully, at least on this one issue, the local grassroots folks defeated the outside busybodies more concerned with strangers who sleep together than their own fam damilies. Here's an article from our local alt rag:

http://www.citybeat.com/2004-11-17/artsbeat.shtml
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MarkTwain Donating Member (902 posts) Send PM | Profile | Ignore Mon May-16-05 03:55 AM
Response to Original message
28. Surprise! Sam supports Tasers on Seven Year Olds ...
Council rejects Tasers restriction
Posted by IHP on Saturday, January 29th, 2005 at 03:53 (Views: 102)

It's strike three for a proposal to prohibit Cincinnati police from using Tasers on children younger than 10.
For the third time in less than a month, City Council voted Wednesday on whether to impose the restriction. This time, all members were present and it was defeated 5-4. On the earlier occasions, one member was missing each time and Council deadlocked.

Council Member Christopher Smitherman proposed increasing the current minimum age limit from 7 to 10, noting a lack of scientific evidence about the effects of the weapons on children's bodies. Also, he said that while police can control the amount of force applied to an unruly juvenile if officers use their hand or a baton, they cannot control the 50,000-volt shock delivered by a Taser.

"Clearly, experts are saying there are red flags around the use of this technology," Smitherman said. "This motion deals with prevention and being proactive, not reactionary. We always seem to wait in Cincinnati until something happens and we react." Of the 52 incidents last year in which police used Tasers on juveniles, only three were armed with weapons, Smitherman said. More than a dozen people spoke before City Council in favor of the proposal, and it received the endorsement of the NAACP's local chapter. Many speakers said local police are too quick to resort to force on African Americans, and didn't trust that officers would use the stun guns properly.

"When you start 'tasing' 7-year-olds and 10-year-olds, it may not be (my children), but I will be out there with the others hunting you down," Velma Sanders of Mount Healthy told council. But Council was not persuaded to support the proposal. Council Members John Cranley, Sam Malone, Chris Monzel, David Pepper and Jim Tarbell didn't want to change the minimum age limit.

- SMIP -

"Tasers were sold to us as a last course of action," Reece said. "What I've found talking to beat cops is that Tasers have become almost a first course of action."

- SMIP -

http://revampscripts.com/cgi-chartcom/nheadlines.pl?board_number=20041123354&message=2005016595&returnpage=showall
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 05:54 AM
Response to Original message
30. repeat after me: Family Values!
now there's a phrase that has lost all meaning.

i'm hoping that whoever coined that gawd awful phrase has died and this article accompanies them to hell.
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Stand and Fight Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 05:34 PM
Response to Original message
31. Here's Malone.
Edited on Mon May-16-05 05:38 PM by Stand and Fight

This is his son, Chris, with him. The photo is two years old. Young Chris Malone was twelve in this picture.

Here's the article:


www.enquirer.com/.../ 11/29/loc_loc1coun.html

Here's another picture of Sam Malone, Jr.:



This poor kid is obviously no match for this suited thug.


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kodi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 06:46 PM
Response to Original message
33. go right ahead, beat your kids, its in the bible
.
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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 08:04 PM
Response to Original message
38. More family values lessons in good parenting...
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HughBeaumont Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 09:15 PM
Response to Original message
39. Tough man . . TOUGH MAN!!
"Yeah, I'm gonna go home and beat my kid's ASS!! HELL yeh! I'm a man, he's the dog that needs to be trained as such!! This will bring us closer. You'll see. Asskickings don't make a kid hate, it shows them you LOVE them. Closed-fist punches are LOVE taps. Yeah, that's it."

Someone needs to lock this piece of shit up and not feed him for 2 weeks. He should be set loose on a crowd of moms with broomsticks.

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HeeBGBz Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 09:17 PM
Response to Original message
41. "Possible" abuse?
I'd say it's pretty damn near.
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bunny planet Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 09:51 PM
Response to Original message
43. Ah yes, another stellar example of those ol' fashioned Republican
values we hear so much about.
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Arkana Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 10:35 PM
Response to Original message
44. Republican family values at work.
"Party of morals and values" my ass.
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atommom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 10:38 PM
Response to Original message
45. "possible" child abuse? These are sick people.
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paineinthearse Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-05 02:27 PM
Response to Original message
47. I googled "Sam Malone" Ohio and found.....
Cincinnati.Com - Send a message to Cincinnati City Council member ...
... Here's your chance to tell Sam Malone, how you feel. ... Search the Ohio
Government Records Database • Search Ohio Revised Code • Ohio tax forms ...
www.cincinnati.com/local/contact/malone_form2.html - 41k

Contact Your Representative
Here's your chance to tell Sam Malone, how you feel.
If you'd rather snail-mail, call or fax .....

Sam Malone: 801 Plum Street, Room 346A City Hall, Cincinnati, OH 45202, phone: 513-352-1525 or fax: 513-352-1588
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paineinthearse Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-05 02:36 PM
Response to Reply #47
48. Spencer v Blackwell (as in Kenneth)
Further googling reveals Malone's involvement in SPENCER v. BLACKWELL, US District Court, Southern District of Ohio, Western Division, case # 1:04-cv-00738, Judge Dlott (notion in limine of defendant intervenors to exclude testemony....) -
http://moritzlaw.osu.edu/electionlaw/docs/Spencer/MIL.pdf

Any attorneys care to investigate more?
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paineinthearse Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-05 02:48 PM
Response to Reply #47
49. It would appear that Mr. Malone is a homophobe as well
http://www.ccv.org/images/Malone_v._Cincinnati_complaint.htm

IN THE COURT OF COMMON PLEAS

HAMILTON COUNTY, OHIO
CITY OF CINCINNATI ex rel. : Case No.:

SAM MALONE

1100 Fenmore Drive : Judge:
Cincinnati, Ohio 45237,
:

and
:

CITY OF CINCINNATI ex rel.
THOMAS E. BRINKMAN, JR. :
3215 Hardisty Avenue
Cincinnati, OH 45208, :
COMPLAINT FOR STATUTORY INJUNCTION

and :

CITY OF CINCINNATI ex rel.

MARK W. MILLER :
3630 Zumstein Avenue
Cincinnati, Ohio 45208, :
Plaintiffs, :
-vs- :

CITY OF CINCINNATI, :
801 Plum Street
Cincinnati, Ohio 45202, :

Defendant. :

_______________________________________
Now come Plaintiffs Sam Malone, Thomas E. Brinkman, Jr. and Mark W. Miller, and for their Complaint against Defendant City of Cincinnati (the “City”) state as follows:

INTRODUCTION
1. Plaintiffs bring this taxpayer action for an injunction under the authority of Ohio R.C. 733.56 and R.C. 733.59, which authorize taxpayers to institute a lawsuit against a municipal corporation in their own name, on behalf of the municipal corporation. Pursuant to those statutes, Plaintiffs request an injunction against the City enjoining the abuse of its corporate powers entailed by the recent enactment of the “Criminal Intimidation” ordinance, which enactment violates Article XII of the Charter of the City of Cincinnati.

PARTIES

2. Plaintiffs Sam Malone, Thomas E. Brinkman, Jr. and Mark W. Miller are taxpayers and residents of the City. Plaintiffs bring this action to enjoin operation of the Criminal Intimidation ordinance on behalf of the City and for the benefit of the public.

3. The City of Cincinnati is a municipal corporation created under the laws of the State of Ohio.

ALLEGATIONS

Article XII of the Cincinnati City Charter

4. The City exercises the powers of a home rule municipality pursuant to Article 18, Section 7 of the Ohio Constitution. The City’s home rule powers are governed by the Charter of the City of Cincinnati (“Charter”).

5. Article XII of the Charter provides, as applicable:

NO SPECIAL CLASS STATUS MAY BE GRANTED BASED UPON SEXUAL ORIENTATION, CONDUCT OR RELATIONSHIPS

The city of Cincinnati and its various Boards and Commissions may not enact, adopt, enforce or administer any ordinance, regulation, rule or policy which provides that homosexual, lesbian, or bisexual orientation, status, conduct or relationship constitutes, entitles, or otherwise provides a person with the basis to have any claim of minority or protected status, quota preference or other preferential treatment.

The Criminal Intimidation Law

6. On ­­­February 5, 2003, the Cincinnati City Council enacted Ordinance No. 32-2003 (the “Ordinance”). The Ordinance repealed former Section 908-3 of Division 908 of the Cincinnati Municipal Code and replaced it with an amended version, newly entitled “Criminal Intimidation.”

7. The text of the Ordinance, which took effect on March 5, 2003, provides:

(A) No person shall violate section 908-5, 908-7, 908-9, 908-11, 908-13, paragraphs (A)(3), (4) or (5) of section 908-15, or section 907-3 of the Municipal Code by reason of the actual or perceived race, color, religion, national origin, gender, disability or sexual orientation of another person or group of persons.

(B) Definitions

For the purposes of this section, the words and phrases used herein shall have the meanings respectively ascribed to them unless the context clearly indicates or requires a different meaning.

“Sexual orientation” shall mean an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or transgendered status, by orientation or practice.

“Transgendered” shall mean the condition or state wherein a person manifests gender characteristics, behavior and/or self-identification typical of or commonly associated with persons of another gender, and which may be characterized by assumption of the clothes, hairstyles or cosmetic usage commonly associated with another gender and/or by the surgical or medical modification of primary sexual organs in order to assume the gender role of another sex both socially and sexually.

(C) Whoever violates this section is guilty of criminal intimidation, a misdemeanor of the first degree.

(Emphasis added.) A true and accurate copy of the Ordinance is attached at Exhibit A and made a part hereof.

8. The Ordinance violates the terms of Article XII, and Defendants in enacting and maintaining the operation of this Ordinance have abused the corporate powers of the City.

CLAIM FOR INJUNCTION

(Pursuant to R.C. 733.56 and R.C. 733.59)

9. Plaintiffs incorporate the allegations in Paragraphs 1 through 8 as if set forth fully herein.

10. R.C. 733.56 provides that when a municipal corporation abuses its corporate powers, “the city director of law shall apply, in the name of the municipal corporation, to a court of competent jurisdiction for an order of injunction to restrain the *** abuse of its corporate powers.”

11. R.C. 733.59 provides that if a taxpayer makes written request to the City Solicitor to pursue the injunctive relief provided in R.C. 733.56, and the Solicitor fails to make application for such relief, the taxpayer is authorized to institute a lawsuit for an injunction in his own name, on behalf of the municipal corporation.

12. On March 4, 2003, Plaintiffs through legal counsel sent a letter to City Solicitor J. Rita McNeil requesting that her office file a lawsuit in this Court seeking to have the operation of the Ordinance enjoined as a product of the City’s abuse of its corporate powers.

13. On March 14, 2003, Solicitor McNeil replied to Plaintiffs’ counsel in correspondence in which she declined to bring the lawsuit requested by Plaintiffs.

14. Pursuant to R.C. 733.59, Plaintiffs institute this suit for an injunction to enjoin the operation of the Ordinance as an abuse of the City’s corporate powers.

WHEREFORE, Plaintiff prays for judgment against Defendant and that the Court:

A. Adjudge, decree and declare the rights and other legal relations of the parties to the subject matter in controversy in order that such declarations shall have the force and effect of final judgment and that the Court retain jurisdiction of this matter for the purpose of enforcing the Court’s Orders;

B. Pursuant to R.C. 733.56 and R.C. 733.61, permanently enjoin Defendant from enforcing that portion of the Ordinance which violates Article XII of the Charter of the City of Cincinnati;

C. Pursuant to R.C. 733.61 and other applicable law, award Plaintiffs their costs and expenses incurred in bringing this action, including their reasonable attorneys’ fees; and

D. Grant such other and further relief as the Court deems equitable, just and proper. Respectfully submitted,
__________________________________

David R. Langdon (0067046)

Jeffrey A. Shafer (0067802)

Langdon & Shafer llc

11175 Reading Road, Suite 103

Cincinnati, Ohio 45241-1997

Telephone: (513) 577-7380

Facsimile: (513) 577-7383

Trial Attorneys for Plaintiffs Michael A. Carvin*

Jones Day
51 Louisiana Avenue, N.W.

Washington, D.C. 20001-2113

Telephone: (202) 879-7643

Facsimile: (202) 626-1700


* Pending Admission Pro Hac Vice
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