Latest / Brian Thomas / Elect Judge Christopher McDowell

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Elect Judge Christopher McDowell · Brian Thomas

• 0:00
  Speaker 1: 805 here, 55KRC, the talk station. Happy Friday Eve, a.k.a. Thursday.
• 0:06
  Speaker 1: I prefer the latter, or the former. In studio again,
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  Speaker 1: it's always a pleasure to see him under any circumstances.
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  Speaker 1: Judge McDowell, we need to keep Judge Christopher McDowell on
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  Speaker 1: the bench. He's an outstanding jurist. He is, of course,
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  Speaker 1: a worthy jurist, and he's one of the people we
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  Speaker 1: need around to, well, who understands the criminal justice system,
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  Speaker 1: legal system generally, and doesn't play fast and loose depending
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  Speaker 1: on who's standing in front of him in a court
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  Speaker 1: of law. Judge McDowell, welcome back to the morning show.
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  Speaker 1: You heard my conversation with Signal 99.
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  Speaker 2: Yeah, I love Signal 99. As you know, she endorses me,
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  Speaker 2: as does the FOP. But she has her finger on
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  Speaker 2: the pulse of what's going on in the city like
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  Speaker 2: no one else.
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  Speaker 1: Like no one else. And one of the things I
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  Speaker 1: brought up right out of the gate, first person to
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  Speaker 1: know about it and mention it, and even this morning,
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  Speaker 1: no local news carrying it, although apparently it's certain, the
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  Speaker 1: decision of the Chief Washington case in the appellate court
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  Speaker 1: sitting and bank, which is all of the appellate court
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  Speaker 1: judges in the Sixth Circuit, Now, first off, we had
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  Speaker 1: the underlying decision came out of, what did I say,
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  Speaker 1: August of last year? Right. It was a two-to-one decision,
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  Speaker 1: fighting in favor of Chief Washington and also finding that
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  Speaker 1: Cheryl Long is going to be personally responsible. She has
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  Speaker 1: no immunity from the challenges against her, which is really
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  Speaker 1: profound in and of itself. But then there was an
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  Speaker 1: appeal for an en banc hearing, which is that all
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  Speaker 1: of the judges on the Sixth Circuit hear the case
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  Speaker 1: or review the case. And there were, what, 19 of
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  Speaker 1: those judges. And the decision came back 19 to 0,
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  Speaker 1: upholding the prior decision, which suggests even the dissenting judge
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  Speaker 1: in the earlier decision changed his mind or her mind.
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  Speaker 1: I didn't check who dissented. Am I right on that?
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  Speaker 2: Yeah, it's an extraordinarily rare thing. This also happened very
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  Speaker 2: quickly because you're dealing with the Sixth Circuit. This is
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  Speaker 2: not just Ohio. This is a multi-state jurisdiction.
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  Speaker 1: Good point.
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  Speaker 2: First, in order to get an en banc hearing, you
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  Speaker 2: have to request it. They don't have to give you
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  Speaker 2: that hearing. And it's very hard to get such a hearing.
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  Speaker 2: And so to get the hearing at all is extraordinary.
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  Speaker 2: And it suggests that the court is accepting it because
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  Speaker 2: you're telling the court there's a division within the Sixth
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  Speaker 2: Circuit Court of Appeals on this issue. All right. So
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  Speaker 2: they said, OK, we'll hear this matter, which is hard
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  Speaker 2: to hard to get. And then for them to come
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  Speaker 2: out 19-0 on it, including the dissenting judge, that's extraordinary.
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  Speaker 2: That is a total slapdown.
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  Speaker 1: Huge slapdown, which is why I immediately experienced schadenfreude when
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  Speaker 1: I first read about it from Signal 99 yesterday. So there,
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  Speaker 1: I appreciate your additional wisdom and insight on that one.
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  Speaker 1: But also another reason to keep Signal 99 in this conversation,
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  Speaker 1: as well as bring up Mike Odioso, you're working on
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  Speaker 1: a project with them.
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  Speaker 2: Yes, we're working on public safety and laws that coming
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  Speaker 2: out of my experience as a judge that can help
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  Speaker 2: public safety here in Ohio. And I had two suggestions
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  Speaker 2: for Mr. Odioso and Signal 99. The first of which, again,
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  Speaker 2: coming out of my experience as a judge is, I
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  Speaker 2: believe that it should be a separate criminal offense for
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  Speaker 2: someone to cut off their ankle bracelet. To me, it's
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  Speaker 2: a form of escape.
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  Speaker 1: Wait a minute. Hold on. News to Brian Thomas, who's
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  Speaker 1: never practiced criminal law except to be a clerk for
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  Speaker 1: Merlin Shiverdecker back in the days. It's not a crime
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  Speaker 1: to cut a monitor off?
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  Speaker 2: Well, they can charge you with things like destruction.
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  Speaker 1: Property damage.
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  Speaker 2: Yes.
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  Speaker 1: Oh, Lord.
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  Speaker 2: But they never, ever do. I've never seen that charge brought.
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  Speaker 2: Those ankle monitors are very expensive. And when you cut
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  Speaker 2: an ankle monitor off, that means, one, I've either put
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  Speaker 2: you on the ankle monitor as part of your bond
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  Speaker 2: or as part of your probation because I feel you
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  Speaker 2: need to be watched. And when you cut that ankle
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  Speaker 2: monitor off, it becomes a very serious matter. They come
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  Speaker 2: immediately over to my courtroom. They say someone's cut off
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  Speaker 2: their ankle monitor. I issue a warrant for their arrest.
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  Speaker 2: And they have to go out and search for this person.
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  Speaker 2: And so I feel that it's a form of escape.
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  Speaker 2: And if it's a misdemeanor that you're on bond or
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  Speaker 2: on probation for, It should be an automatic six months.
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  Speaker 2: If it's a felony that you're on bond or you're
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  Speaker 2: on probation for, it should be an automatic one year added.
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  Speaker 2: We need to deter people from cutting off their ankle
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  Speaker 2: monitor because for some people it's just a game.
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  Speaker 1: Clearly a game. We found out about it. Sarah Herringer
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  Speaker 1: lost her husband in their own apartment and over the ride.
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  Speaker 1: She's since moved on with her life, and who can
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  Speaker 1: blame her? But that guy who murdered her husband was
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  Speaker 1: supposed to be wearing an ankle monitor and had been
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  Speaker 1: out without an ankle monitor. He cut it off for
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  Speaker 1: a long time. And that was at that point in time,
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  Speaker 1: I think most of my listening audience, me included, didn't
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  Speaker 1: realize that they aren't monitoring the ankle monitor people. I mean,
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  Speaker 1: there's really no oversight. You get the impression when you, oh,
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  Speaker 1: you got an ankle monitor. It's got alarm is going
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  Speaker 1: to go off. Someone's going to room with video screens,
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  Speaker 1: looking at, you know, geofencing locations where they can be
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  Speaker 1: and cannot be. And the minute someone steps out of
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  Speaker 1: that parameter, alarm goes off and resources are sent to
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  Speaker 1: pick them up. Nope. Apparently none of that goes on
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  Speaker 1: unless you can correct the record for me and my
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  Speaker 1: listening audience.
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  Speaker 2: Yeah. Well, It's different for me. I have a very
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  Speaker 2: good relationship with the EMD people. And so if somebody
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  Speaker 2: cuts off an ankle monitor, who's on bond or probation
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  Speaker 2: to me, they, they know that they can call me
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  Speaker 2: at two o'clock in the morning. They can drive to
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  Speaker 2: my house and they have driven to my house at two,
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  Speaker 2: three o'clock in the morning. And I signed that warrant
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  Speaker 2: and they go out, they'll, they'll have that guy within hours.
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  Speaker 2: Almost always.
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  Speaker 1: You mean a warrant needs to be signed when it's
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  Speaker 1: obvious that someone has cut off their ankle monitor?
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  Speaker 2: Yes.
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  Speaker 1: Yes. I, Well, I mean, I don't have any problem
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  Speaker 1: with due process, Judge McDowell, but, I mean, they're under
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  Speaker 1: parole parameters or under terms and conditions of the release
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  Speaker 1: that they must maintain an ankle monitor. If you can
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  Speaker 1: definitively tell that it's not on anymore and it hasn't moved,
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  Speaker 1: if it's just laying in a corner and has not
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  Speaker 1: moved for a week or something, I mean, it's just,
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  Speaker 1: that seems to me that law enforcement should immediately be
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  Speaker 1: sent to that location to pick them up or at
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  Speaker 1: least an APB sent out that, hey, so-and-so has violated
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  Speaker 1: the terms of his parole and he's out on the
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  Speaker 1: street somewhere.
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  Speaker 2: They come to me and they ask for a warrant
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  Speaker 2: and I immediately sign that warrant.
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  Speaker 1: See, that's why we need to keep you. I'm kind
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  Speaker 1: of curious to know, and I'll ask out loud sort
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  Speaker 1: of rhetorically, how many other judges here in Hamilton County
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  Speaker 1: are willing to have that open option and be woken
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  Speaker 1: in the middle of the night to make sure that
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  Speaker 1: justice is served?
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  Speaker 2: I'll tell you this. When I first became a judge,
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  Speaker 2: I was given a handbook that told me that I
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  Speaker 2: should not sign warrants after 5 p.m. And this is
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  Speaker 2: not a 9-to-5 job. Criminals don't operate 9-to-5, and judges
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  Speaker 2: should not operate 9-to-5 either. And so it's not just
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  Speaker 2: the EMD people that I let. I let all the
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  Speaker 2: detectives in this city know, if you can't reach another judge,
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  Speaker 2: I would much rather you wake me up at 2
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  Speaker 2: o'clock in the morning than somebody get hurt. And that's
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  Speaker 2: the way all judges should think.
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  Speaker 1: Right. And that is not to suggest that you're not
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  Speaker 1: reviewing the warrant request for probable cause. It's just that
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  Speaker 1: you're willing to do it at any given time of
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  Speaker 1: the day when it's needed.
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  Speaker 2: That's right. And when they come to me, they've got
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  Speaker 2: to go through the probable cause. This is the person.
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  Speaker 2: They cut off their ankle monitor. This is the time.
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  Speaker 2: This is what they're out on. What do you want
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  Speaker 2: us to do, Judge? It's almost a rhetorical question to me.
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  Speaker 2: Go pick them up.
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  Speaker 1: But under what theory should a judge not engage in
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  Speaker 1: that after 5 p.m.? I'm struggling with that one, Judge McDowell.
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  Speaker 2: I think that a lot of people look at it
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  Speaker 2: as a nine-to-five job. I can't answer that question. To me,
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  Speaker 2: it's not the way things should work. We have a
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  Speaker 2: warrant database that we are supposed to check in on,
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  Speaker 2: and we're told basically it's nine-to-five. It used to be
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  Speaker 2: in common, please, that you would go and you would
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  Speaker 2: meet the officer at a location. They would come to
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  Speaker 2: your house, but now they expect you to get on
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  Speaker 2: your computer and And they say after five o'clock, you're
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  Speaker 2: not required to monitor. And so that's not the way
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  Speaker 2: I operate.
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  Speaker 1: And there's no such concept as a night court running
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  Speaker 1: 24-7 courts in downtown Cincinnati or in Hamilton County.
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  Speaker 2: No, sir. There should be. I mean, also for the
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  Speaker 2: convenience of a lot of people, because if you have
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  Speaker 2: a job and you go down to court, you're missing
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  Speaker 2: half a day, a full day's work. We should have
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  Speaker 2: a court that starts in the evening for people so
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  Speaker 2: they don't have to miss work. We should be in
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  Speaker 2: the service business as well. And we're not in the
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  Speaker 2: service business. We sit there like kings and queens waiting
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  Speaker 2: for everybody to come to us.
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  Speaker 1: Well, you are a taxpayer-paid employee. I mean, it's a
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  Speaker 1: beautiful thing that you can reach the lofty status of
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  Speaker 1: being a judge. Obviously, people have confidence in your ability
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  Speaker 1: in that regard. You've achieved the status that many people
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  Speaker 1: will never achieve. But come on. It is a 24-7
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  Speaker 1: job because crime's 24-7. I don't understand how anybody couldn't
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  Speaker 1: have that attitude. you know what, you're going to have
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  Speaker 1: to work some overtime hours if you apply for the
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  Speaker 1: job of a judge in Hamilton County.
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  Speaker 2: Okay, I'll do that.
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  Speaker 1: Same thing for a lot of jobs.
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  Speaker 2: Well, as you know, if you go down to the
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  Speaker 2: Hamilton County Courthouse on a Friday at 2.30, it's like
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  Speaker 2: the Hotel Unshining. There's nobody there. There's nobody there. A
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  Speaker 2: lot of these judges, they're coming in at 10 and
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  Speaker 2: they're leaving at 2. Some days they don't come in
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  Speaker 2: at all. And they're signing warrants up to 5 o'clock.
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  Speaker 2: That's not what the people of Hamilton County should expect.
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  Speaker 2: And that's not what they get from me. I work.
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  Speaker 1: This is why we need to keep Judge Chris McDowell
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  Speaker 1: on the bench. Help him out any way you can. Obviously,
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  Speaker 1: vote for him. Keepjudgemcdowell.com is the website. It's his campaign website.
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  Speaker 1: You've been out putting out signs for your campaign at
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  Speaker 1: all hours, just like your job. You have to go
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  Speaker 1: out after work and put the signs up. But business
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  Speaker 1: is good insofar as sign placement is concerned, Judge.
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  Speaker 2: Oh, yeah, I've got signs up all over the county,
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  Speaker 2: but I normally put them up around midnight to 1
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  Speaker 2: or 2 o'clock in the morning because there's no traffic,
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  Speaker 2: and that's when I can do it because I've got
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  Speaker 2: a full-time job during the day. The other week, I
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  Speaker 2: put one up in the daylight, and I thought, gosh,
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  Speaker 2: this is so much easier when the sun is out
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  Speaker 2: than in the dark.
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  Speaker 1: Keep Judge McDowell.com. One more segment with Judge McDowell. Before
• 9:58
  Speaker 1: we get to iHeartMedia aviation expert Jay Ratliff, and after
• 10:01
  Speaker 1: I mentioned USA Insulation, yep, BCD Talk Station. Happy Thursday.
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  Speaker 1: Keep Judge McDowell.com, where you can help out Judge McDowell,
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  Speaker 1: who we definitely need to keep on the bench here
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  Speaker 1: in Hamilton County. Veteran judge, lots of experience, and obviously
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  Speaker 1: committed to the job of, I guess, only one judge
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  Speaker 1: in Hamilton County that's willing to get up at night
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  Speaker 1: and entertain a discussion about a search warrant being issued. Yeah, okay,
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  Speaker 1: that seems to be a logical part of the job,
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  Speaker 1: but he seems to be the only one willing to
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  Speaker 1: do that. But also, you've got a word or two
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  Speaker 1: to say about bonds, as in, not James Bond, but
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  Speaker 1: cash bonds, no cash bonds, owner cognizance bonds, which seem
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  Speaker 1: to be all the rage in Hamilton County as well.
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  Speaker 1: Does anybody ever have to post a bond, even in
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  Speaker 1: the most heinous circumstances, circumstances, Judge McDowell? Apparently not. I
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  Speaker 1: know you got some great illustrations of people who should
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  Speaker 1: not have been allowed out on the streets without a
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  Speaker 1: pretty decent bond.
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  Speaker 2: Yeah, let's go back to the definition of the own recognizance.
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  Speaker 2: What people need to know, it's called an O.R. bond,
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  Speaker 2: own recognizance. When someone's issued an O.R. bond, all they
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  Speaker 2: need do is sign a piece of paper and then
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  Speaker 2: they walk out of the jail. They don't have to
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  Speaker 2: put up any money. They just have to say, I
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  Speaker 2: promise to show up for court. I have seen, since
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  Speaker 2: I've been a judge, an O.R. bond on a rape case,
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  Speaker 2: a felony of the first degree rape case with an
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  Speaker 2: OR bond. I cannot imagine being a woman who has
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  Speaker 2: been raped, reported that, gone through the rape kit, gone
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  Speaker 2: through all of that, and then the sigh of relief
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  Speaker 2: that you must feel when you realize the police have
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  Speaker 2: apprehended that person, that he's in the jail, and then
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  Speaker 2: to realize he's just walked out of the jail, not
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  Speaker 2: posted any amount of money. and how terrified that person
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  Speaker 2: must be.
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  Speaker 1: Well, remind the listeners the obligation of at least a
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  Speaker 1: judge who understands the law here in Ohio, what they're
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  Speaker 1: supposed to consider in determining whether or not a bond
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  Speaker 1: is going to be issued or they're going to be
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  Speaker 1: allowed on own recognizance.
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  Speaker 2: Yeah, the most important thing for a felony of that degree,
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  Speaker 2: a felony of the first degree, in which you're looking
• 12:00
  Speaker 2: at between three and 11 years in prison, is public safety.
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  Speaker 2: We passed a constitutional amendment here in Ohio that says
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  Speaker 2: judges are mandated to take into consideration public safety when
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  Speaker 2: they issue bonds. There are other factors to take into consideration.
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  Speaker 2: But public safety should be your North Star when you're
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  Speaker 2: looking at a rape case. The safety of that woman
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  Speaker 2: who reported that rape. At a minimum, right, you need
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  Speaker 2: to set a high cash bond. And then you also
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  Speaker 2: need to, we've got this jurist monitor where the guy,
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  Speaker 2: if he's out, would have to wear an ankle bracelet.
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  Speaker 2: that would put like a geogrid over the woman so
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  Speaker 2: if he ever comes into that area, it would send
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  Speaker 2: off an alarm so she would know.
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  Speaker 1: So she would know. I like that development.
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  Speaker 2: Yeah.
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  Speaker 1: Because, of course, you know, keeping the public interest in
• 12:49
  Speaker 1: mind and public safety in mind, of course, includes the
• 12:51
  Speaker 1: victim's safety in this circumstances.
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  Speaker 2: Yeah, I mean, to the extent anybody ever gets out
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  Speaker 2: on a charge like that, they should have the jurist
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  Speaker 2: monitor because, you know, the police are minutes away when
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  Speaker 2: seconds count. And so if you are... that woman and
• 13:08
  Speaker 2: that person is coming into that zone, it automatically alerts you. So,
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  Speaker 2: you know, get the heck out of the house.
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  Speaker 1: Unless of course that person has cut their ankle monitor off.
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  Speaker 2: That's right. That's right.
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  Speaker 1: Which is a real problem here in Hamilton County. Jeez.
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  Speaker 1: And under what theory, I always want to default to
• 13:27
  Speaker 1: some sort of woke perception of the justice system. And
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  Speaker 1: I presume that's where this springs from, but under what
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  Speaker 1: theory should a rapist be, be allowed out with owner-cognizance bond?
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  Speaker 1: I mean, is that good for society? I struggle with
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  Speaker 1: that one, Judge.
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  Speaker 2: I can't answer that question because it's so beyond the
• 13:48
  Speaker 2: pale to me. You have progressives who portend to have
• 13:52
  Speaker 2: the interest of women and minorities at heart, but yet
• 13:56
  Speaker 2: when these people are let out, who's at risk? It's
• 14:00
  Speaker 2: minority communities, overwhelmingly. It's black-on-black crime that we mostly are
• 14:04
  Speaker 2: dealing with. They're going to go back to those communities
• 14:08
  Speaker 2: and they're going to hurt people in those communities. They're
• 14:10
  Speaker 2: going to hurt women. Time and time again, I see
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  Speaker 2: bonds for crimes against women that are not protecting women.
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  Speaker 2: I review every felony, the first, second, and third degree.
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  Speaker 2: I conduct those arraignments to make sure that those people
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  Speaker 2: are protected. Let me tell you this, Brian. No one
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  Speaker 2: who has been out on bond to me since I
• 14:29
  Speaker 2: have been a judge has gone on to hurt someone
• 14:33
  Speaker 2: else while they were on bond. That should be The
• 14:36
  Speaker 2: same for every judge in this county.
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  Speaker 1: Amen, Judge Christopher McDowell. Keep Judge McDowell. Absolutely. Keepjudgemcdowell.com to
• 14:43
  Speaker 1: help us do that. And, you know, you mentioned this
• 14:46
  Speaker 1: whole concept of, you know, rapes and low bonds. I
• 14:48
  Speaker 1: saw that Cincinnati Police Department STARS report that they released
• 14:52
  Speaker 1: in terms of looking at last year versus this year.
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  Speaker 1: 241 reported rape offenses reported. Year-to-date through October 10th compared
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  Speaker 1: with 154 last year. In other words, a 56.5% increase
• 15:07
  Speaker 1: in rapes, and that's reported rapes, sir. Numbers are on
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  Speaker 1: the rise, and apparently some of the judges in Hamilton
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  Speaker 1: County just don't seem to appreciate the gravity of that crime.
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  Speaker 2: Yeah, when there's no consequence, it's like juveniles. When there's
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  Speaker 2: no consequence, criminals know it.
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  Speaker 1: Know your judges. Please, listening audience, spread the good word
• 15:25
  Speaker 1: about Judge McDowell and the other judges. GOPjudges.com and Hammond
• 15:29
  Speaker 1: County Republican Party websites got it. You know, I don't
• 15:31
  Speaker 1: care what you say about the Republican Party, my blue-leaning friends.
• 15:35
  Speaker 1: If you're voting for the judges on the blue sheet,
• 15:37
  Speaker 1: you are voting for, yeah, zero bond for rapists, the
• 15:41
  Speaker 1: release of juveniles without any consequence whatsoever. We could go
• 15:46
  Speaker 1: on and on. You get the idea. Words out. Let's
• 15:48
  Speaker 1: keep our eyes on the bench this year, and Judge
• 15:50
  Speaker 1: McDowell is a recipe for for keeping the ship in
• 15:53
  Speaker 1: the right direction. Judge, thank you so much for your
• 15:56
  Speaker 1: time today. I wish you all the luck in the world.
• 15:57
  Speaker 2: Thank you, sir. God bless you.
• 15:58
  Speaker 1: And don't run over Judge McDowell. He's out putting roads
• 16:01
  Speaker 1: or putting up campaign signs in front yards. The return
• 16:04
  Speaker 1: of iHeartMedia aviation expert Jay Ratliff.