2-1-24 Willie with Melissa Powers - podcast episode cover

2-1-24 Willie with Melissa Powers

Feb 01, 202419 min
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Episode description

Are judges in Hamilton County being too lenient in their sentences? Willie is joined by Hamilton County Prosecutor Melissa Powers to discusses how these judge's decisions could be putting your family in danger.

Transcript

They were changing marijuana laws in Kentucky, and also a suburbanites reflection on what's happening in downtown Cincinnati. But joining you and I now is the great Missy Powers, the Hamley County Prosecutor and Melissa Powers. Welcome again to the Bill Cunningham Show. And let's kind of begin with going back in time a little bit, because you have been in law enforcement for twenty five to thirty years

and I think spent about twelve years in juvenile court. And when you were a judge in juvenile court, you saw it all, you did it all. You understand this isn't about stealing potato chips from Walmart. This is serious stuff going on. And what have you seen changing in juvenile court since you and Judge John Williams were there. And there were several state national awards given,

there were programs and diversion programs. John Williams was recognized by the Bar Association as the most competent judge in Hamilton County and he was kicked out in twenty twenty because I guess there was a revolution going on with George Floyd and all that. But kind of addressed the issue about juvenile court ten to fifteen years ago. What was happening then as opposed to what's happening now. Well, first let me correct you. I've got thirty two years now, experienced

three decades and in the courtroom and criminal justice. The amount of time I spent in Juneile Court as a judge was six years before I retired and then took this position as prosecutor. So I have a wide range of experiences and a depth of knowledge through with that three decades. You have to have great compassion, but you also have to have being able to have great strength. It's not easy to say you're going to lock the child up and remove them

from their family and their loved ones. That's a very difficult thing to do. But you have to be able to do that in the appropriate cases. We never in juvenile court. When I worked with Judge Williams and many great people such as Carla Gunn who was the court administrator forever, they're you know,

for a very long period of time. We instituted many, many programs to be able to help children, help families, and while I was there as the administrative judge the last two years, opened an assessment center that's now being used I'm not sure which direction it's going in, but the purpose of that was and when you have a child in crisis, when they're coming into juvenile court, no matter how small or inconsequential the case may be, such

as say truancy, chronic truancy, we know there's a behavioral problem going on and there's an issue, and we wanted to be able to provide services immediately to the children and make families also have access to their services. There was a residential treatment program that we used. You know, in juvenile court,

you're the focus was always rehabilitation balanced with public safety. So you use rehabilitation efforts and graduated sanctions for children that come into the courtroom or through our doors,

and to treat everybody equally and fairly. That to be able to develop effective programs where we had success rates, and we had a number of those programs to redirect children so that they could have a productive life, to graduate from high school, to make sure they were out of the criminal justice system, no matter what background that came from, and we had some great success

stories. I'm very proud of our record. The court now is that it has the views that are coming from the East Coast from the Ivy League from New York where they believe anybody walking just walking through the door of juvenile court is so damaging, so it causes so much trauma to the child that they shouldn't even come through the doors, that if they come through the doors, they'll ever say in that court system. So we're seeing cases being dismissed and

categories now of statute that are not being enforced. Just like what you see in some of these major cities of with prosecutors not prosecuting crime. We now have a judge excuse, we now have a judge that is not prosecuting entire

categories of crime, unruly, truancy. These are the first steps that when somebody comes into juvenile court, you can get services immediately before they start escalating and staying in the system with this court, I think, and if anybody I know, there's community members out there that is trying to you know,

what is the solution. But the solution really needs to start with there's so much trauma, earlihood, childhood, trauma that is causing multiple adverse you know, experiences in their life that puts them on a course that enters into the criminal justice system. And if you're not addressing that, you're not fixing the problem. And we have many people that are focused on fixing the problem,

focusing on public safety, and that's the direction of the court. It has completely lost its way, in my opinion, there is no emphasis on protecting victims or protecting the community, protecting our small businesses in downtown Cincinnati. There's also, in my opinion, of failure of transparency, and they hide behind the cloak we're dealing with children. We want to keep all that information private, but there is information, you know that we have problems with records upon

a dismissal or not guilty finding. They don't do it's not guilty and its inn of court. They don't use that language. But the records immediately sealed, immediately sealed, and no one has access to that information. There's policies that are being set unilaterally, not without any input. They'll they'll talk to us and tell us, but we have no input whatsoever, such as this recent policy on assault charges not being it will not be prosecuted, will be

dismissed. Excuse me, And in fact you're notified prosecutor's office not even notified. Kind of the big term today is restorative justice and social justice, and that is that. I listened to one of the community activists and a government square yesterday and one of the TV news shows who talked about the kids themselves are not responsible, that they are victims of a society, and you don't hold children responsible for their criminal misbehavior. They're being manipulated by the system.

And I listen to that, I'm going, what are you talking about that a sixteen seventeen year old they're not responsible. It doesn't make sense. No, it does not make sense. And then again they think they're helping these kids, So what they're doing is they're keeping them still. They go right back to the community, the most vulnerable communities, high risk communities, and then they're left on their own, so there's no court intervention with services,

there's no trying to read you these children. They think, you know this restorative justice, you get the parties together. They think that if you take them, they walk. Like I said, it is so it's so traumatic, so damaging to the child walking through the doors of the courthouse that they shouldn't even be going into the courthouse, that alone being entertained. I mean, that's basically what it is. And on these assault cases, which makes

no sense to me whatsoever. They're considering this a minor offense, so these can be offenses of violence. And when they say, you know, I've read in the paper while we're doing it, because the prosecutors aren't doing their job, I mean our office, we do everything possible to prosecute every case to the fullish extent. When we need to have compassion and to work with a child, we do. If it's a school fight sometimes you know those

things. Matters can be resolved with disorderly conducts, you know, where it's not anything significant, but you want to be able to take each case and review it before you just throw the cases out. Now, if a charge is brought down to juvenile court, it goes to the clerk's office, and then the clerk puts gives it to a social worker and the charge is dismissed. We don't even see it. The prosecutor's office doesn't even see it. The victim isn't notified. And when we say, you know, they said

you can object it, it won't matter. A victim can object, it won't matter. We are dismissing these charges. That's the policy. We've answered the policy in writing, we haven't received it. I doubt we'll ever get anything in writing about their policy. So what happened in the there's been too recent and there's been many more that have been caught on video, some of which have been on TV. Last night I watched another woman who had our

son had the crap kicked out him in Washington Park and terrible circumstance. But on Sixth Street, two of the kids had assault charges were simply summarily dismissed, and restorative justice essentially means let's get the victim together with the perpetrator, let's talk and see what we can do to resolve the problem. But there's not prosecution. What happened on Sixth Street? Was it terrible incident? And if you had been still a juvenile court judge, you would have treated it

differently. And is it true that two of those charges assault were simply they were released on bond and the charges were dismissed. But you're not even sure about that, are you? Am? I understanding the first two that got arrested for the first incident, and one was an adult, so that's going through the adult system, and right now, it's my understanding, it's in the grand jury at some point will be presented the juvenile and I don't know

what the charges are yet because I haven't seen him yet. But he was released on an ankle bracelet, I believe, So that's all I know about that. Now that'll go through the system. Now whether or not that charges dismissed. I would think that because of the public outcry, that that's not going to happen in this case. But I don't know. I don't know what's going to happen when these cases are being dismissed. We don't even know they were filed, so we can't track it. We can't we don't have

a list, we can't contact a victim. There's nothing we can do. They claim this is the purpose behind it is to teach the children conflict resolution. Well, how do they get taught anything when the charge is being dismissed? How do they learn anything when there's no accountability? How do you how do you intervene on a serious case that needs intervention, It needs so that we don't see these of revolving door and so that we can get services to

a child that needs it that might be in crisis. How do we even give any kind of assessment on that when it's just automatically dismissed. So it's flawed. They're failing our children, they're failing the most vulnerable communities, and they're and they're failing the general public. I mean you could say, I can I know the mayor and a lot of people are saying downtown safe that I bet you see, you know, and and maybe people do feel that

that. I think after seeing that, especially that second video of that violent attack on a juvenile, do would think they're safe? I mean, you can understand people that may don't frequent down there, that that might be a place you might not want to go. And then how does that affect all of our businesses, you know, that have been made an investment in our city. And then you can just see how this despiraling of a demise of

any thriving city. People move out, people will leave, and then you've got then if businesses move out and leave, then you've got the people that are living down there, they'll move out and leave. I mean, so this is just a disaster and in so many ways. But what also really gets me upset is they claim they're helping the child when they're failing the child, and it's so apparent, and and and they're failing the very communities that need to help, And I just don't know. I'm glad that the public

is starting to see this. The prosecutor's office, we've been citing it every single day in the courtroom over dismissals. There are cases where had a child been held, they would not there would be no retaliatory like digital anti type of justice between with their konum groups of people our office refers to him as gangs. The people would be alive. And so there is I mean there

are this is life and death consequences in some of these situations. And speaking of that, I guess there's a fourteen year old in commonplace court on trial for murder. A fourteen year old after when I was fourteen years old, I was worried about stupid stuff like the who will a girl look at me? A fourteen year old is being a contract killer in order to kill other

people, and that we don't have a verdict yet. It might be later this afternoon or tomorrow, but isn't in sixteen seventeen year olds being recruited because there's a sense if you have someone under eighteen commit the crime for you that the juvenile court system until recently dealt with it harshly. But our juvenile court system doesn't do that anymore. And so the reason the gang bangers recruit a fourteen year old on a contract killing because there's a sense not much is going

to happen to the fourteen, fifteen, sixteen year old. And if you go through juvenile court with Judge Kerry Bloom's going to be a restorative justice, there's going to be social justice, it's going to be conflict resolution, in which case there won't be any charges filed and not a kid will not be separated from society. Can you briefly tell us what's happening in that case before

Judge Louver's The verdict is coming out sometime today or tomorrow. We think there's no doubt the message is loud and clear to those that are high risks, youth that may commit crime, and even adults that know that the juveniles will not be held accountable and that know there are no consequences. That is loud and clear, and they know that that's not a deterrent, and they also

know the older ones can take recruit or take advantage of the ones. So that's the case that you're talking about, is the murder for higher case, and that was a gang that was a murder for higher gang operate in our city. And then during a period of time, I forget how many months, they were responsible for thirty percent of the homicides in Cincinnati, thirty And these juveniles, these are the type of kids that must be They're dangerous,

that must be removed from the streets of our city. And I don't know how anybody can look at that in any different way. They deserve to be treated and receive the penalties in at all court because the juvenile system could never, never serve those children, no, never. And Joe Dieters often we're talking about I'm sorry, Joe Dieters often said that if he could separate five hundred to one thousand of young folks in Hambleton County the city of Cincinnati,

that the crime rate would go down by seventy percent or more. We're not talking about systemic problems. We're talking about a small number, small percentage committing disproportion of crimes, having disproportion and impacts. That's the problem. Do you buy into that too, That's a small number of people doing it. Really it is. It is a very small number. And that's why the state

legislature, and I hope people understand what's happening and how this is. The state legislature is trying to put forward a bill or a law that there will be no longer juvenile bindovers. And again, this is a pervasive philosophy that is sweeping our country. And you can see how that policy will fail, will fail our communities and make us less safe and makes us dangerous. Because

the juvenile system only goes until the age of twenty one. So we have a juveniles that are responsible for thirty percent of the murders, but if they reach the age twenty one, they're back on the streets into the adult system. At least they're subject to fifteen years to life on a murder charge. On a murder charge, and the rehabilitation can could occur within the prison system. And that's another area. Why don't you reform there to give you know,

occupation or educational opportunities, whatever it may be. Do the rehabilitation reform there. Well, Melissa Powers, we have a prosecutor now that knows exactly what juvenile court should be and it's not that way. And I think that George Floyd's situation in the summer of twenty twenty calls many in Hamlety County to say, let's get rid of the current system we have in juvenile court. Let's change it. And it's changed for the worst. And I can't imagine.

I don't want our city and you and I are like lifelong Cincinnatians Hamley County residents to go the way of Detroit or Chicago or Atlanta, Washington, d C. Because I've always thought we were special and unique. And if we give up, if we say we stop, okay, let Judge Carrie Bloom and others do exactly what they want to do with conflict resolution or restorative

justice. We got to We're going to look like Toledo, Detroit, We're gonna look like Portland that declared the ninety day state of emergency because the gangs have taken over the streets. Well, Melissa Powers, we have to run. I thank you, and I know you're going to stay strong. The fight continues every day, and this isn't this isn't your grandfather's juvenile court anymore. When one part of gangs are creating thirty percent of the murders, and

those murders aren't living in Indian Hill. They're living in Avondale and they're living in Evanston, and that's the difficulty. Melissa Powers, I'm glad you're there. Keep stay strong. The wind beneath your wings are the hundreds of thousands of residents that are behind you in this fight. Good luck, and keep doing exactly what you're doing. Thank you, Thank you. Bill. I'm

going to continue to fight to save our county. I don't want our beautiful city to become one like we see so many other cities in our country. They have been destroyed by these philosophies, these radical activists type judges and the philosophy. So I'm here to save our county. That's why I accepted the position and the job, and also to do the right thing to protect our

community. Melissa, thank you very much. Thank you. All right, Let's continue with more and to have community activists like I iris roly say the kids aren't responsible, they're victims of our society and they need to be treated as victims. No, they're the perpetrators that are causing victims. Let's continue with more. Bill Cunningham, News Radio seven hundred WULW. Now is the

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