Saturday, June 28, 2003

Tristate A.M. Report



Compiled from staff and wire reports

Twin brothers may not be competent for trial

HAMILTON - The twin brothers accused of plotting to kill their siblings might not be competent to stand trial.

At a Butler County Juvenile Court hearing Friday, officials said one mental evaluation showed that the 14-year-olds from Madison Township lacked the ability to understand the proceedings against them and to assist their lawyers in their defense.

But Greg Stephens, a Butler County assistant prosecutor, is getting a second opinion. Stephens said he expects that report will be ready in time for the next hearing, which will be Thursday before Judge David Niehaus.

The twins' mother secretly tape-recorded a conversation in which the boys allegedly talked about their intentions to kill their brothers, ages 10 and 15.

Earlier this month, a grand jury indicted them under Ohio's year-old "serious youthful offender law."They each face two counts of conspiracy to commit aggravated murder.

Police group says it wants reporter fired

The Fraternal Order of Police demanded the firing of a Cincinnati Enquirer reporter Friday over allegations regarding local restaurateur Jeff Ruby.

The reporter, acting on a tip, had asked Ruby if he offered free meals to police investigating his son.

But Ruby never made the offer, he and the FOP said in a joint news conference Friday. FOP Vice President Keith Fangman alleged that the reporter fabricated the tip to get Ruby to comment on charges against his son.

Brandon Ruby, 19, was indicted June 10 on charges of aggravated rioting and attempted arson in connection with a Cinco de Mayo party near the University of Cincinnati that got out of control.

Enquirer Editor Tom Callinan said: "A reporter asked some questions about some rumors we had heard. But there didn't appear to be anything to the story, so we dropped it."

Sharonville official facing two sex charges

BOLIVAR, Ohio - The deputy auditor of Sharonville was arrested when he tried to meet a 15-year-old boy he'd contacted over the Internet for sex, authorities said.

Thomas Burske drove to Bolivar on Thursday morning and was intercepted by an FBI agent. Burske was arraigned Friday on state charges of pandering obscenity and importuning. Bond was set at $100,000.

Burske's attorney, Joseph Rafidi, said the charges will probably be replaced with federal charges.

Burske, 49, began corresponding with a Bolivar boy more than a year ago, but one of the boy's parents discovered an e-mail and notified the Tuscarawas County Sheriff's Department, said Mitchell Marrone, supervisory senior resident agent at the Canton FBI office.

Suit against county prosecutor tossed out

A federal judge on Friday threw out a lawsuit that accused Hamilton County Prosecutor Mike Allen of slander, retaliation and trying to intimidate criminal defense lawyers.

The lawsuit was filed last year by Cincinnati lawyer Marc Mezibov, who claimed public statements Allen made about him were slanderous and intended to put a chill on aggressive defense lawyers.

Allen made the comments to local media in regard to Mezibov's legal work on behalf of Jonathan Tobias, a former pathologist in the coroner's office who was accused of helping a photographer take pictures of bodies without permission. Tobias was found guilty but his conviction was overturned on appeal.

After the trial, Allen said Mezibov seemed more interested in "a political show trial" than in doing what was best for his client.

In her dismissal of the lawsuit Friday, U.S. District Judge Sandra S. Beckwith said Allen's comments "caused no constitutionally cognizable injury" to Mezibov.

River samples test in unhealthy range

NEW RICHMOND - Samples of water taken Sunday from the Ohio River at New Richmond Public Boat Ramp and from the Little Miami River in Camp Dennison and Loveland are not within acceptable water quality standards, officials reported Friday.

Robert Wildey, director of Water and Waste with the Clermont County General Health District, said the health risks are not severe. Levels of E. coli bacteria at the Little Miami sites were between 230 and 290 per 100 milliliters.

"The totals are OK for swimming," Wildey said. "You just need to make sure you wash off after you get out of the water."

The Ohio River level was 2,200, which is extremely high.

"Any time the numbers are higher, the risk increases for E. coli infection," Wildey said, adding that such an infection is mainly dangerous for small children and the elderly.

Wyoming schools job to be interim for now

WYOMING - Wyoming City Schools Board of Education has shifted its focus to a search for an interim superintendent.

The board received applications from 29 candidates to replace Ted Knapke, who resigned to become superintendent of Shelby City Schools near Charlotte, N.C.

The board hopes to hire an interim by Aug. 1, and a permanent superintendent by the end of next school year.