“Forty-eight Hours in Portsmouth"

“Forty-eight Hours in Portsmouth”

By: Jim Silvania

          To most, if not all, homicide investigators the first 48 hours of any homicide investigation is the most crucial or critical time period of that investigation.  That’s the reason that CBS Television named its reality crime show,“48 Hours” and A&E has “The First 48”.  But, as the majority of Ohioans know, Portsmouth is a place where time stands still.

          On March 19^th of this year the Portsmouth Fire Department responded to a fire at an Edendale Rd. address and as fireman do, they put out the fire.  It was not until 72 hours later that authorities received a call from one of the persons of interest that there was a body inside the burnt out rubble. Apparently to be a Portsmouth Fireman, you don’t have to pass a vision test.

          After the belated discovery of the deceased victim the investigation began, or sort of.  Portsmouth is the only city in Ohio where the fire department conducts homicide investigations if they are fire related. Firemen, in most cases, are very good at what they do…put out fires. It is law enforcement’s job to investigate homicides, just not in Portsmouth.

The Portsmouth Fire Department was wise enough to call in an investigator from the State Fire Marshall’s office but he again is not a homicide investigator.  He is a cause & origin expert who ruled the fire incendiary with probable cause to believe it’s victim’s death was the result of a homicide.    

          Crime scene experts where then called in to gather evidence and DNA was submitted to BCI&I for analysis and the victim’s body was shipped off to Montgomery County for an autopsy.

          One of the campaign ploys forwarded by now Attorney General Mike DeWine was that DNA results would no longer take BCI&I months to be analyzed and returned to local law enforcement.  DeWine was elected Attorney General, but…

          3048 hours after the body’s discovery and DNA Collection, BCI&I released their DNA results and the Scioto county corner the death certificate stating that the victim was alive when the fire was started.

          Now, some 5,232 hours after the body’s discovery the homicide investigation appears to be going nowhere. During this time period the Portsmouth Fire & Police Department as well as the Scioto County Sheriff’s Department were offered “free” technical expert assistance into the death of Jason Moore but those offers all fell upon deaf ears.

          Anyone who watches any detective show on television knows that it is the homicide detective who speaks for the dead, no matter who they are, but in this case the only words coming from Jason Moore are “If you want to commit a homicide in Ohio just bring the body to Portsmouth and light a match”.

          The Obama Administration has just rewarded $100,000 of taxpayer’s monies, my money, to Scioto County to help curb the problems associated with drug abuse.  This comes a little late for Jason Moore. 

          You can throw all the money in the world into Scioto County but it’s not until law enforcement in that county enters the 21^st century will any progress be made.

OH Dept of Public Safety Lawyer Faces Public Reprimand

Lawyer faces public reprimand

• Joshua Engel pleaded guilty last October to three misdemeanors in the email case.

The Columbus Dispatch Thursday October 13, 2011 7:52 AM

Joshua Engel, former top lawyer for the Ohio Department of Public Safety, should get a public reprimand for illegally intercepting all agency emails for several months, a state panel has recommended.

The Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline rejected the court disciplinary counsel’s push for a six-month suspended sentence of Engel’s law license. Instead, the panel said Tuesday that the Harvard-educated lawyer lacked a “dishonest or selfish motive” in intercepting emails between the Ohio inspector general or The Dispatch and anyone in the agency.

Although he secretly obtained confidential material, including inspector-general probes and federal criminal and grand-jury investigations, no one was harmed by the electronic “bug” but Engel himself, the commissioners determined. The panel cited an Engel character witness who said his ethics “are above reproach” and that he is “an extraordinarily caring and competent attorney.”

Commissioners acknowledged he should have had the email filter removed when he first got confidential material, but they said ongoing battles within and without the agency distracted him.

“The panel believes the stress of the ‘turf war’ undoubtedly obscured his focus. We believe it was not his knowing intent to ‘trap’ confidential information.”

And the board also noted, “His personal suffering, beginning with job-related stress in 2008, and as exacerbated by both criminal and disciplinary proceedings, have resulted in severe depression and suicidal thoughts. We note that he voluntarily sought psychiatric care and psychological counseling before being terminated from his position at DPS in late 2010.”

The board pointed out that former Gov. Bob Taft also was given a public reprimand in 2006 after he was found guilty of four misdemeanor ethics charges.

Last October, Engel was fined $750 and given a 30-day suspended jail sentence for each of three misdemeanors.

A technologies manager who obeyed Engel’s request to install the email filter was suspended but returned to work after receiving a written reprimand. Another department lawyer resigned for collaborating with Engel.

Engel’s attorney, Larry James of Columbus, told the panel, “The mistake made by (Engel) could have happened to anyone” as he tried to pursue the source of leaks from the department.

The recommendation now goes to the Supreme Court for final action.

Dealing with the Paranoid Schizophrenic Client

Dealing with the Paranoid Schizophrenic Client By: Jim Silvania

We’ve all had them but what do we do with them? This is not something we learned in kindergarten.

My experience with this situation is that they were good paying professional individuals who you try to assist until you realize that something is definitely wrong.

            Schizophrenia is a group of severe brain disorders in which people interpret reality abnormally. Contrary to some popular belief, schizophrenia isn't split personality or multiple personality. The word "schizophrenia" does mean "split mind," but it refers to a disruption of the usual balance of emotions and thinking. (1). It is an illness that affects well over 2 million American adults, which is about 1 percent of the population age 18 and older. (2)

 Paranoid schizophrenia is the most common type of schizophrenia. Around 40 percent of people who are schizophrenic suffer the paranoid type. In paranoid schizophrenia, delusions are often focused on the perception that you're being singled out for harm. Your brain misinterprets experiences and you hold on to these false beliefs despite evidence to the contrary.(3) No matter what evidence you find to the contrary a paranoid schizophrenic is not going to believe you, so don’t even try.

  For instance, they may believe that the government or a competitor is monitoring their every move; their being stalked.  In such matters you may have been hired to find the “boogie man”, “secret agent” or the alleged perpetrator of the delusions. The delusional content (the beliefs) of a paranoid schizophrenia are marked by grandiosity, or persecution, or both. Anger, irritation or argumentative behavior may be the most prominent features, as is extreme jealousy. These delusions can result in aggression or violence if they believe they must act in self-defense. (3)

            Russell Crowe's portrayal of the esteemed mathematician Dr. John Forbes Nash in, ‘A Beautiful Mind' (2001) provides a dramatized example of the above. In the movie we see the world through the eyes of Dr. Nash as he is approached by an agent to help in the decoding of sophisticated secret transmissions. We are drawn into thinking that Dr. Nash has a special ability to see secret codes where others cannot. His covert work is apparently fraught with danger as he is chased by foreign agents intent on doing him harm, but he must continue as a matter of national security.  At movies end we understand that the agent with whom Dr. Nash has been working and other significant people in his life are all hallucinations. (3) What if Dr. Nash had hire you? At what point do you open your eyes to the reality of it all and what do you do about it?

My first learning experience resulted from a call from a law firm to assist one of their major business clients. It was alleged, by the client, that his business had been burglarized by a competitor.  First question to arise: no forced entry; ok then it must have been an inside job. Second question: nothing was missing. The client next alleged that he was been watched at night from the field behind his house: a herd of deer. The delusions and hallucination worsened to the point that we felt his children were in danger. Working with the local police, who had a previous history with the client, we had him committed on an emergency bases.  Lesson learned: never have clients committed before they pay their bill. 

Dealing with a paranoid schizophrenic can be extremely frustrating. It is difficult to know what to say and/or do. Here are some tips for a private investigator that comes in contact with a paranoid schizophrenic who is actively suffering:

·         It can be helpful to stand side by side rather than directly face a paranoid schizophrenic.

·         Also avoid direct eye contact, as this increases their paranoia.

·         Do not fight with them or contradict their radical views. Show understanding and compassion when they vocalize their mistrust of the world.

·         Temporarily accept their reality as reality.

·         Never criticize by saying:  "Don’t be so paranoid!"

·         Realize that they have tunnel vision and can only see their point of view.

·         Accept that the person may truly feel they are not sick and do not need help.(2)

·         Most importantly “Do no harm” and remember they can only be committed against their will if they are declared a danger to themselves or others.

            How do you ethically deal with these situations? Private Investigators are bred to help people solve their problems but helping someone who suffers from paranoid schizophrenia is not in our skill level and extremely difficult even for health care professionals. But what responsibility do we have once we’ve taken on this individual as a client?  First you will never convince your client to seek professional help. In fact once you suggest professional help you become the enemy, part of the conspiracy that’s out to get them.  To them you must be incompetent because you don’t see the forest for the trees; you can’t find their “boogie man” or bring about a resolve to the reason you’ve been hired.

            In Ohio, where I practice my trade, Private Investigators are governed by Ohio Revised Code #4749; 4749.13(B)(3) states: “No person shall divulge any information acquired from or for a client to persons other than the client or the client’s authorized agent without express authorization to do so or unless required by law”. So do you risk violating the law in order to gain assistance for your client?

             Laws vary from state to state but when a person becomes dangerous to himself or herself, or to others, you may be forced to disregard any confidentiality agreement.  You are the professional investigator.  Your investigation now turns from your client’s needs to your own needs and protection. One should learn the professional agencies in one’s community should you ever find yourself dealing with the paranoid schizophrenic client. Some other hints:

1.      Finding a sympatric relative willing to do the right thing is a God sent.

2.      Many police departments have professional psychologist on staff that might be able to provide some insight and guidance.

3.      Check with the police precinct supervisor to see if they are familiar with the individual or their address.

4.      Call the county or city health department or any past medical professional who may have previously dealt with your client.

5.      Document your every move as you may someday be explaining it to a jury.  It’s better to have tried and failed than to not have tried at all. 

           

Bibliography:

1.      www.mayoclinic.com  12/02/2010

2.      www.nami.org   12/02/2010

3.      www.healthcentral.com  12/02/2010

                                                           

           

Jim Silvania, CLI & CFE, the owner of Silvania Investigative Services, has been conducting investigations through Ohio for the past 43 years. Web page: www.jimsilvania.com, email: jsilvania@wideopenwest.com

$5 million of terror grant was misused by the Ohio Association of Chief's of Police

$5 million of terror grant was misused by police chiefs groug

Dublin-based organization must return money

Friday, April 15, 2011  03:06 AM

By Dean Narciso

THE COLUMBUS DISPATCH

• 
  

An eight-month federal Homeland Security audit has confirmed that the Ohio Association of Chiefs of Police mismanaged and misspent almost $5 million in federal grants designed to develop a statewide police network to help fight terrorism and other crime.

Questionable expenses included sending 20 Ohio police officials to Turkey and more than $800,000 in bonuses paid to the executive director of the Dublin-based association.
While the Ohio Local Law Enforcement Information Sharing Network is in operation today, and has been credited with helping statewide police agencies fight crime, its cost has been questioned.
The nonprofit association received about $21 million in Law Enforcement Terrorist Prevention Program grants from 2004 to 2006. Almost a quarter of that must now be returned to the federal government, even though it has been spent.

Advertising and program and membership fees remain existing sources of revenue for the group.
According to the report, released to the Ohio Department of Public Safety this week, more than $4.8 million in expenditures "were unallowable because they were unrelated to the grant activity, misclassified, outside the period of performance, or not supported by receipts or invoices."

The Ohio Emergency Management Agency, which was responsible for monitoring how the federal money was spent, was found "severely lacking" in its record-keeping and oversight, according to the audit.
The Department of Public Safety, which oversees the state EMA and has ultimate authority over the project, is responsible for returning the money if it can't justify the expenditures within the next three months.
"We're going to try to work with the OACP and try to find records to mitigate some of this," said Joe Andrews, department spokesman. "They didn't document it properly, and we didn't police it properly."
Andrews did not know how much of the spending could be verified.
About $227,000 was improperly used to send the Ohio police officials to Turkey to learn about terrorism. More than $180,000 was misspent on slick books and brochures about the project, award plaques and lapel pins that were not related to the grant objective. And more than $800,000 was given to the association's executive director in bonuses that were "unreasonable, unallowable, and inconsistent with grant guidance," according to the federal audit. In addition, of 832 timesheets required to verify salaries and wages during the three grant years, only 85 were documented.

The chiefs association, made up of police officials from departments across the state, was run by a professional association manager, Todd Wurschmidt, and a board of directors, mostly police chiefs.
Wurschmidt's website states the money he brought in "demonstrates Dr. Wurschmidt's fundraising prowess." He could not be reached for comment.

The federal government's analysis agrees with a similar study by local accounting firm Crowe Howath, retained by the Ohio Emergency Management Agency after questions arose in 2005 about questionable spending.

"We are going to work very closely to make an answer to this report," said OACP board president and Ada Police Chief Michael A. Harnishfeger. "That's the most prudent thing we can do right now."
Harnishfeger said all vendors have been compensated for work performed after the federal money stopped flowing into the association.

The ordeal has been trying for the association, but the network's value has been worth it, he said.
"For the first time ever, local law enforcement is able to share internal reports on very important matters that they previously were unable to share."
dnarciso@dispatch.com

Jury rules in ATV death case

Jury rules in ATV death case

6:35 PM, Mar. 21, 2011    

Written by

Janice Morse 

jmorse@enquirer.com

FILED UNDER

News

Local News

LEBANON - Warren County’s largest civil lawsuit – a wrongful-death case seeking $20 million – ended with a mixed verdict that means no money will be awarded to the parents of a dead 10-year-old girl. After deliberating about 12 hours, a Warren County jury Monday declared an all-terrrain vehicle was defective, as John and Tammie Sand of Lebanon had claimed. But the jury decided the ATV was not the “proximate cause” of the death of the Sands’ daughter, Ellie, after she went riding on a Yamaha Rhino 660 ATV in 2007.

Yamaha issued a news release declaring the verdict a victory: “This verdict in favor of Yamaha marks the sixth time overall that a jury has rejected plaintiffs’ claims regarding the Rhino.”

The company is facing hundreds of lawsuits similar to this one across the nation, though many have been consolidated into group actions filed in federal courts, said Michael Roberts, a lawyer for the Sands.

He said the jury’s verdict wasn’t a total victory for the manufacturer.

“It’s significant that a jury found the product defective despite Yamaha’s extensive arguments to the contrary,” Roberts said. “The jury concluded that ‘Your product’s defective, Yamaha, but we think that Nils’ driving was more defective,’” referring to Nils McElroy, the 21-year-old Midland, Ohio, man who was driving the ATV. 

McElroy pleaded guilty to a negligence charge of vehicular homicide. He was fined $1,000 and sentenced to 90 days in jail.

While pleased with the “defective” ruling, the Sands’ are “disappointed that people who had no knowledge of the defect were more responsible for Ellie’s death,” Roberts said. 

Ellie was the front passenger on the ATV on Oct. 27, 2007, when it flipped and pinned her to the ground during a church picnic in Oregonia. None of the five occupants wore helmets; it was uncertain whether Ellie wore a seat belt.

“Drivers and passengers should at all times wear helmets, protective gear and the vehicle’s three-point seat belts,” the company said, calling the Rhino “a safe and useful off-road vehicle when driven responsibly.”

“The testimony and evidence during the trial showed that this tragic incident had nothing to do with the design of the product, and underscores the importance of following the safety recommendations on our products and in the owner’s manual,” the company’s news release said.

Meanwhile, Ellie’s parents remain committed to work with industry groups and the Consumer Product Safety Commission “to get this thing fixed,” Roberts said.

Since Yamaha made some changes in the vehicle’s design, including widening its wheel base, there had been no deaths reported on the revamped Rhino, Roberts said. But on earlier models, there were at least 1,300 reported injuries and 95 deaths, Roberts said. Evidence rules prevented jurors from knowing about the deaths that happened after Ellie’s. She was the 28th person to die after riding a Rhino, Roberts said.

“Evidence rules were applied properly by the judge but it’s just unfortunate that the jury didn’t get to know everything,” Roberts said.

Roberts said he and his clients are exploring whether they have any other options, including an appeal. At one point during the trial, Judge James Flannery chastized Yamaha for using a private court reporter to provide transcripts to the company’s witnesses, despite a “separation of witnesses order” designed to prevent witnesses’ testimony from being affected by other witnesses’ statements, Roberts said.

Lax Oversight for PIs and Security Guards In Ohio

Lax oversight of security guards by Ohio agency in charge?

Some in industry want more regulation

• By: Hagit Limor
• Produced by Phil Drechsler

CINCINNATI -

You see them at the malls, at your bank, most likely at your office. They’re security guards, there to watch over you. But who’s watching over them?

Some longtime security industry professionals say the state of Ohio has put off reforms for 20 years, even though some within the business itself are calling for greater regulation. While police officers undergo constant monitoring, security guards undergo background criminal checks only when they’re first hired by a security guard company. If they commit crimes after their hire, their company has no way of knowing unless it conducts its own checks. The state doesn’t require it to do so. “I’ve had employees with our company that had been with us for 40 years and the way the law is now, they get one background check,” said Gregg Hollenbaugh who owns Cal Crim Inc., a local security guard company.

          You wouldn’t expect a business owner to ask for greater regulation, but Hollenbaugh says it would keep people and businesses safer. An I-Team check found hundreds of cases of security guards in Ohio violating regulations, rules and laws. We found stories nationwide about security guards arrested for burglary, rape, assault and other crimes. Here in the Tri-State, police arrested Charles Conard, a security guard at Deveroes clothing store for selling drugs outside the store at the corner of McMillan and Gilbert. Police say he was packing his gun and a security guard badge during the sales.

         Hollenbaugh says not only does the state not require additional criminal checks after hire, allowing guards who commit crimes to skate under the radar, but it doesn’t require training of any guards unless they’re armed. Many are not, at least not officially. "I feel that the public has a misconception when they see a guard because they think that if you got somebody in uniform that they have some training and they know what they’re doing,” said Hollenbaugh. He says that’s not necessarily true and that can put the public in danger. Mike Brown Senior, a former Lincoln Heights police officer for 15 years, agrees. He now serves as a guard at a public library, working for Cal Crim. He says training is imperative for guards to know how to react to any situation. “I’m looking out for my safety and the company’s and the people out here, because you never know what might happen.”

       “You’re putting somebody out there that might not have any idea of what he’s supposed to be doing or what the laws are," said Hollenbaugh. He says that could put customers in danger and that’s why he’s been fighting for tougher regulation since 1991. He says every state department that’s been in charge of the security business has put off all suggestions to improve it. “For the life of me, I do not understand why they have dragged their feet so long. 'Why the state chooses not to do anything is beyond me.'” The Ohio agency currently in charge of oversight for security guards is Homeland Security, a division of the Department of Public Safety, or ODPS. We asked for an interview with its new director, but only received a statement from public information officer Lindsey Bohrer, saying: “We cannot speak on behalf of the previous administration as to why or why not things were done. We acknowledge the need to tighten security.”

       The department is backing legislation as part of the upcoming budget bill that would run all registered guards’ names through a criminal database constantly. Hollenbaugh says he’s not holding his breath, given that the budget bill will see serious cuts before it passes. He says Cal Crim runs its own background checks of its employees more often than the state requires, but without the force of law, he believes some of his competitors do not do the same. “If you do not have regulations somewhat, then people are going to take shortcuts,” said Hollenbaugh. While some businesses hire security guards through a service like Cal Crim, many hire guards directly. Any regulation the state puts in place would bypass these direct hires, over whom the state has no oversight. They do not have to register, get any training or even one background check.

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