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Saturday, March 03, 2001

Defendant takes county to court with him




By Jim Hannah
The Cincinnati Enquirer

        COVINGTON — Much of official Kenton County slowed to a crawl for hours Friday after a man accused of illegally videotaping voters in November subpoenaed about a dozen people to testify on his behalf.

        John Ellenbogen, who often attends Fort Mitchell City Council and Kenton Fiscal Court meetings, was arrested Election Day and charged with interfering with an election. Officials said he had ignored written and oral warnings to stop videotaping voters as they entered the Fort Mitchell city building.

        Mr. Ellenbogen was an unsuccessful candidate for a Fort Mitchell City Council seat in the election.

[photo] John Ellenbogen appeared in Kenton County Circuit Court Friday.
(Patrick Reddy photo)
        When confronted by officials at the Fort Mitchell City Building polling location, Mr. Ellenbogen said he was taping a documentary.

        The Fort Mitchell resident, who is in his early 60s, could spend up to a year in jail if found guilty on two separate counts stemming from incidents at two separate polling locations.

        Interfering with an election, a Class A misdemeanor, is punishable by a $500 fine or a year in jail.

        Court proceedings, which began at 1 p.m., continued through the day. Kenton District Judge Douglas Grothaus had not ruled as of Friday evening.

        Mr. Ellenbogen received 4 percent of the votes cast in the Nov. 7 council election.

        On Election Day, Kenton County Clerk Bill Aylor said “candidates shouldn't be within 500 feet of a polling place, and certainly not filming voters. We felt the filming was a form of intimidation.”

        Lawyers for elected officials filed into the courthouse Thursday and Friday trying to quash what they said were frivolous subpoenas issued by Mr. Ellenbogen.

        Many, with help from lawyers from Covington and Cincinnati, had their subpoenas dismissed.

        Those subpoenaed included Ken ton County Clerk Bill Aylor, U.S. Rep. Ken Lucas, Kenton County District Judge Frank O. Trusty II, Fort Mitchell Mayor Thomas Holocher, Kenton County Police Chief Bill Dorsey, Fort Mitchell Police Chief Steve Hensley and Kenton County Sheriff Charles Korzenborn.

        Also subpoenaed unsuccessfully was Kentucky Enquirer editor Kakie Urch and the fax machine from The Kentucky Enquirer. Also sought was the fax machine at the Kenton County Clerk's Office.

        “I wish I knew his deal,” Mr. Aylor said of Mr. Ellenbogen. “He relentlessly pursues open-records requests. He wanted every scrap of paper generated by the election.”

        Mr. Aylor said Mr. Ellenbogen is well-known around Northern Kentucky public offices for requesting reams of documents through open-records laws.

        “It is an ongoing headache,” Mr. Aylor said. “If Mr. Ellenbogen feels like he is slighted, he will make life miserable. He has been doing it to me for years.”

       



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