Latest / Brian Thomas / Judge Christopher McDowell - Riot in the court house
Transcript
- 0:17Speaker 1: Seven to six pair of fifty five pair CIT Talk
- 0:19Speaker 1: Station and Brian Siminos are the here with in studio
- 0:22Speaker 1: Judge Christopher McDowell and Chris McDowell's going to give us
- 0:25Speaker 1: a loadown on what's going on with the Hamilton County
- 0:26Speaker 1: Court House and a little insight on what it's like
- 0:28Speaker 1: to be a judge sitting in the Hamilton County Court
- 0:30Speaker 1: of Common.
- 0:31Speaker 2: Please.
- 0:31Speaker 1: He's been there since twenty twenty five. His term ends
- 0:34Speaker 1: this year. He is on the ballot. There is a
- 0:36Speaker 1: primary coming up, but he's running unopposed on the Republican
- 0:39Speaker 1: side of the Ledger. So Chris McDowell will invariably be
- 0:41Speaker 1: on the ballot in November. And he's one of the
- 0:43Speaker 1: good ones folks. He gets bonds, he understands the criminal
- 0:46Speaker 1: justice system, and of course he understands the concept of
- 0:49Speaker 1: the justice system being used for deterrence. If you deserve
- 0:52Speaker 1: to be sentenced and put away for a long time,
- 0:54Speaker 1: Judge McDowell's going to do that, most notably an area
- 0:57Speaker 1: of fentanyl, as I learned from him. Judge McDowell, great
- 0:59Speaker 1: to have you here today. Thanks for making the time
- 1:00Speaker 1: to come in.
- 1:01Speaker 3: It's great to be here. And by the way you
- 1:03Speaker 3: look good.
- 1:03Speaker 1: Oh thanks man, you say that. I so so of
- 1:07Speaker 1: my listeners. I won't be in on Monday and Tuesday
- 1:08Speaker 1: next week. Today is the first of the two days
- 1:11Speaker 1: of treatment I get, so I'm going in for my chemo,
- 1:13Speaker 1: my retuction MAB treatment today, another chemo treatment tomorrow, and
- 1:17Speaker 1: for the last several treatments, it's wiped me out. So
- 1:19Speaker 1: Monday and Tuesday we're gonna have who's filling and Dan
- 1:21Speaker 1: Carroll's filling in for me. So thank you for bringing
- 1:23Speaker 1: that up. It's a kind thing for you to say.
- 1:25Speaker 1: And God bless anybody out there struggling with cancer and
- 1:28Speaker 1: their families. If the ripple effect is not cool, let
- 1:31Speaker 1: us pivot back. The impetus behind the discussion we're going
- 1:36Speaker 1: to start out with this morning was the brawl that
- 1:38Speaker 1: broke out inside of Judge Winkler's courtroom. It was a
- 1:42Speaker 1: sentencing hearing and apparently the family of the victim was
- 1:45Speaker 1: not real happy and believe the sentence is handed out
- 1:47Speaker 1: by Judge Winkler was lenient twelve to seventeen and a
- 1:51Speaker 1: half years in connection with I believe a murder.
- 1:53Speaker 2: Right, Yeah, it was a murder case.
- 1:54Speaker 1: So the family reacts and then a brawl breaks out
- 1:59Speaker 1: and it's bills over into the hallway. You were right
- 2:01Speaker 1: next door, basically right down the hall. Just explain what
- 2:04Speaker 1: you had to deal with, and then how this is
- 2:06Speaker 1: sort of representative of a broader problem with lawlessness in
- 2:09Speaker 1: the courthouse.
- 2:10Speaker 3: Yeah, if we go back to a week before this brawl,
- 2:14Speaker 3: I had contacted the Sheriff's office and told them that
- 2:17Speaker 3: we needed greater security. The day before this happened, I
- 2:20Speaker 3: met with the Sheriff's office and I said, something's going
- 2:23Speaker 3: to happen. We need more security in this courthouse. In
- 2:26Speaker 3: the Common Police court room. What a lot of people
- 2:28Speaker 3: don't know is day in, day out, there is no
- 2:30Speaker 3: security in the Common Police court You go downstairs where
- 2:33Speaker 3: they're doing traffic cases, there is always a bailiff there
- 2:37Speaker 3: in those courtrooms. In my courtroom, the only time there's
- 2:40Speaker 3: really security is when someone's bringing down an inmate, and
- 2:44Speaker 3: that deputy's duty is to the inmate that he's brought down.
- 2:47Speaker 1: Yeah, they bring him into the courtroom and they stand
- 2:49Speaker 1: there and wait for the proceedings to get over and
- 2:51Speaker 1: take him back.
- 2:51Speaker 3: Right, And what happened in this day is I heard
- 2:55Speaker 3: a ruckus in the hallway about a half hour before
- 2:58Speaker 3: the brawl, and people were telling me that, you know,
- 3:00Speaker 3: there was a murder case down there. The families was
- 3:02Speaker 3: in the hall ware in the hallway, they were yelling
- 3:05Speaker 3: at the defendant. And then half hour later, just all
- 3:09Speaker 3: heck broke loose. I had an inmate in my courtroom
- 3:12Speaker 3: with a deputy, and I could hear his radio go
- 3:15Speaker 3: off that there was an emergent. They had pushed the
- 3:17Speaker 3: panic button in Judge Winkler's courtroom, and so all the
- 3:21Speaker 3: deputies were responding. And I asked the deputy in my room,
- 3:24Speaker 3: do you need to respond that to that? And he said, well,
- 3:26Speaker 3: I can't because I have this person here. I've got
- 3:28Speaker 3: to watch this person. And I said, you want to
- 3:30Speaker 3: take him back? He said yes, So I allowed him
- 3:33Speaker 3: to take it back. Then I went out into the
- 3:34Speaker 3: hallway to see what was going on, and I saw
- 3:36Speaker 3: about forty people. Forty people engaged in a fight in
- 3:41Speaker 3: the hallway, and I saw deputies just streaming down the hallway,
- 3:45Speaker 3: other police department agencies. Everybody was responding. I saw police
- 3:49Speaker 3: officers putting handcuffs on people dragging him out of the fight.
- 3:53Speaker 3: It was an all on brawl and then what happens
- 3:55Speaker 3: that spilled out into the street. They had to close
- 3:58Speaker 3: two streets in front of the courthouse down, and then
- 4:00Speaker 3: they closed the courthouse down, locked it down.
- 4:05Speaker 1: I Joe Trekkers in my head said, you didn't hear
- 4:10Speaker 1: that in the news. Well, that's why my reaction is silence.
- 4:13Speaker 1: I had no idea that it was that bad.
- 4:15Speaker 3: Well, I'll tell you one other thing. There was a
- 4:18Speaker 3: homicide detective who was testifying in that murder case and
- 4:21Speaker 3: he was hurt. He struck his head and he got
- 4:24Speaker 3: a concussion, and he was expected to testify that same
- 4:27Speaker 3: day in another murder case in another courtroom. And that
- 4:31Speaker 3: other murder case they were picking a jury, they were
- 4:33Speaker 3: just about to swear the jury in when they had
- 4:36Speaker 3: to call off the whole case because that homicide detective
- 4:40Speaker 3: was so injured that he could not testify in the
- 4:42Speaker 3: other murder case.
- 4:44Speaker 1: Well, in addition to shutting the entire courthouse down, yes,
- 4:47Speaker 1: that proceeding was not going to go forward. So it
- 4:51Speaker 1: is this illustrative of a broader problem. I mean, I
- 4:56Speaker 1: think this compared to when I used to work there,
- 4:58Speaker 1: and we're going back a lot of you as judge,
- 5:00Speaker 1: it was the early eighties of or for Judge Panieto
- 5:02Speaker 1: in the fourth floor in the Domestic Relations court, which
- 5:04Speaker 1: is no longer there. But I never even had a
- 5:07Speaker 1: sense of concern at all about safety in the courthouse.
- 5:11Speaker 1: It was like, to me, the last place in the
- 5:13Speaker 1: world anybody would want to start getting violent or you know,
- 5:16Speaker 1: committing some sort of crime, because there are a lot
- 5:18Speaker 1: of sheriff's deputies walking around the building there. As you
- 5:21Speaker 1: point out, they're there for a variety of different reasons.
- 5:23Speaker 1: But you had an unbelievable sense of security. I guess
- 5:27Speaker 1: those days are gone.
- 5:28Speaker 3: They're entirely gone. The people have no respect for the law,
- 5:32Speaker 3: They have no respect for themselves, they have no respect
- 5:34Speaker 3: to our institutions of government in any way. It's people
- 5:38Speaker 3: who are sitting in the gallery. They'll just stand up
- 5:41Speaker 3: and start yelling, yelling at me, yelling at the other
- 5:45Speaker 3: people in the courtroom, and I have to throw them
- 5:47Speaker 3: out of the courtroom.
- 5:49Speaker 2: Can you find them in contempt?
- 5:50Speaker 3: I can find people in contempt. One of the reasons
- 5:52Speaker 3: I went out into the hallway is I have the
- 5:54Speaker 3: authority to, you know, just basically summer summarily find someone
- 5:59Speaker 3: in contempt. And I can hold you up for up
- 6:00Speaker 3: to six months.
- 6:02Speaker 2: Have you had to invoke that power.
- 6:04Speaker 3: Now, I'm not yet. Uh. Usually when I yell at
- 6:07Speaker 3: people and kick them out of the courtroom, that's that's sufficient.
- 6:10Speaker 2: And well that still works.
- 6:11Speaker 1: I'm shocked that that still works, your honor, I really am,
- 6:15Speaker 1: because if they have enough lack of respect for you
- 6:17Speaker 1: and the courtroom proceedings generally, then I can't imagine you know,
- 6:23Speaker 1: you're you're yelling and at them would have any impact.
- 6:26Speaker 3: Well, and that that was my concern is someday there's
- 6:29Speaker 3: not that's not gonna happen, and someone's gonna come at
- 6:32Speaker 3: me and there's no one between that gallery and me
- 6:35Speaker 3: unless there just happens to be a deputy in the room.
- 6:38Speaker 1: Well, you know, I do remember when I worked for
- 6:41Speaker 1: the for Judge Panioto, one of the magistrates actually pulled
- 6:46Speaker 1: out a firearm headed in his top drawer. So I
- 6:48Speaker 1: know some of the judges at least are armed, and
- 6:49Speaker 1: I can certainly understand the reason why they might want
- 6:51Speaker 1: to be. You never won't have to to use that
- 6:54Speaker 1: as a last resort, but if you're if you're threatening
- 6:57Speaker 1: with a violent circumstance where your life is imperils you
- 7:01Speaker 1: reasonably perceive it to be, you are allowed to do that,
- 7:04Speaker 1: and if you don't have enough SHARE's deputies around to
- 7:06Speaker 1: help you out and avoid that kind of thing. I mean,
- 7:08Speaker 1: it seems to me maybe a moment in time, given
- 7:10Speaker 1: how unruly folks are in the court system, we moment
- 7:12Speaker 1: in time away from something.
- 7:13Speaker 2: Like that happening. Anyway.
- 7:15Speaker 1: Do you mentioned in our conversation off air the juvenile
- 7:18Speaker 1: courts a real problem within the juvenile courts generally, So
- 7:23Speaker 1: what's going on over the juvenile courts?
- 7:25Speaker 3: Well, there's no repercussions for people's actions. These juveniles are
- 7:29Speaker 3: out committing crimes on our streets, they get apprehended. When
- 7:33Speaker 3: they do get apprehended, they're taken to the juvenile court
- 7:36Speaker 3: and then you know, they're given an essay to write
- 7:38Speaker 3: first for violent offense, or they're just told to come
- 7:41Speaker 3: back later. They're not getting consequences for their actions. Twenty twenty,
- 7:46Speaker 3: which is a juvenile holding center is practically empty. They
- 7:51Speaker 3: just are not incarcerating juveniles at all. In juveniles know this.
- 7:55Speaker 3: They're not stupid, they know they know there's no consequences
- 7:59Speaker 3: for their actions. Consequence at home and there's no consequences
- 8:03Speaker 3: in the court system for the way they behave.
- 8:05Speaker 1: Well, and this is what the left wingers, the reform advocates,
- 8:09Speaker 1: argue that, well, we can't give a juvenile a record
- 8:13Speaker 1: because that'll render him in err HER's case, maybe incapable
- 8:17Speaker 1: of getting employment. That record will follow them throughout their
- 8:20Speaker 1: entire life. Well, you and I both know you can
- 8:21Speaker 1: have those records expunge at some point, if, for example,
- 8:24Speaker 1: they take and they learn the lesson from being processed
- 8:27Speaker 1: through the justice system and suffering a consequence for it,
- 8:30Speaker 1: maybe they won't do it again, and then they'll be
- 8:32Speaker 1: worthy of having the record expunge down the road.
- 8:34Speaker 3: Well, in addition, juvenile records are sealed, sealed, sealed, They're
- 8:38Speaker 3: sealed from the very beginning.
- 8:39Speaker 2: So I see that's the development I was not aware.
- 8:41Speaker 3: Yeah, so once you turn eighteen, it's the employer can't
- 8:44Speaker 3: look you up on the computer like you could an
- 8:46Speaker 3: adult and see the juvenile record, and so they're sealed
- 8:49Speaker 3: from the very beginning. So there's really not a good
- 8:52Speaker 3: reason to not have a consequence in juvenile court.
- 8:55Speaker 1: Yeah, you certainly don't want to perpetuate that. What I
- 8:57Speaker 1: wish was a myth that there will be no concert
- 9:00Speaker 1: quin there are clearly no consequences for them and ergo
- 9:03Speaker 1: no incentive to follow the law.
- 9:04Speaker 3: Yeah, and then they grow up and they end up
- 9:06Speaker 3: in my courtroom where there is a consequence.
- 9:08Speaker 2: Huge consequence. Yeah.
- 9:10Speaker 1: You want to be in front of Chris McDowell and
- 9:12Speaker 1: on a criminal rap. Oh no you don't. Let's talk
- 9:14Speaker 1: about that because I know you have a few murder
- 9:17Speaker 1: cases on your docket. This is frightening stuff, folks. We're
- 9:20Speaker 1: going to continue with Judge McDowell after these brief words,
- 9:23Speaker 1: beginning with foreign exchange. I love foreign Exchange head Austin
- 9:26Speaker 1: from me talk station sevent nineteen videbov kc DE talk station,
- 9:30Speaker 1: Happy Friday, Eve, you're doing some veterans love the bottom
- 9:34Speaker 1: of the art at Matt and Marias returns to Bets
- 9:36Speaker 1: and Bruce gives some insight on the information on the
- 9:38Speaker 1: bourbon raffle. In the meantime, Judge Christopher McDowell he is
- 9:41Speaker 1: on Hamilton County Cortacomma Police bench and he'll be there
- 9:44Speaker 1: until November one. We'll have an opportunity to vote him
- 9:46Speaker 1: back into the bench.
- 9:47Speaker 2: You want him there.
- 9:47Speaker 1: He's tough on crime and he understands the realities and
- 9:50Speaker 1: the purpose of bonds. You got a lot of I
- 9:53Speaker 1: will call woke judges down there my label, not yours, judge.
- 9:57Speaker 1: It always blows my mind when a recid of it,
- 10:00Speaker 1: someone who has an extensive criminal background ends up in
- 10:02Speaker 1: front of one of these woke judges, as I like
- 10:04Speaker 1: to call them, and they're issued either a own recognizance
- 10:07Speaker 1: bond or a very very low cash bond. You know,
- 10:10Speaker 1: if you one thousand dollars ten percent, you got to
- 10:12Speaker 1: put one hundred bucks down and you got a felony
- 10:15Speaker 1: rap sheet. You were caught with a weapon while under disability,
- 10:18Speaker 1: and then you're not allowed to have a weapon. How
- 10:20Speaker 1: does somebody like that get on the street. Don't they
- 10:21Speaker 1: represent a threat to the public at large as well
- 10:24Speaker 1: as a flight risk all that absolutely.
- 10:27Speaker 3: One of the things that I've started doing, and one
- 10:30Speaker 3: of the things people don't understand is the bonds are
- 10:33Speaker 3: initially set by the municipal court judges. So it's not
- 10:36Speaker 3: until after someone is indicted on the felony that they
- 10:40Speaker 3: come up to the Common Police Court and at that
- 10:42Speaker 3: time and only at that time, can I set a bond.
- 10:44Speaker 3: So you saw this shooting, at this nightclub. That person
- 10:48Speaker 3: has not been indicted yet, so the municipal court judge
- 10:52Speaker 3: sets that bond and I have no authority over that
- 10:55Speaker 3: bond until the person's been indicted. It used to be
- 10:58Speaker 3: that the common police registrate would set the bond once
- 11:02Speaker 3: they were indicted. Now there's a couple of us more
- 11:07Speaker 3: socially conscious of violent criminals. We set our own bonds.
- 11:11Speaker 3: I bring them into this morning. I have two cases
- 11:14Speaker 3: in which I'm going to be doing the arraignments, and
- 11:16Speaker 3: I'm going to be setting the bonds personally because these
- 11:18Speaker 3: people are on my docket. I'm responsible for these cases,
- 11:22Speaker 3: and bonds need to be appropriate, particularly for violent offenders.
- 11:25Speaker 1: No question about it. And you know, talking about your
- 11:28Speaker 1: personal docket, frightening figure. You have thirteen murders on your
- 11:33Speaker 1: plate right now, cases over which you are going to
- 11:35Speaker 1: be presiding.
- 11:36Speaker 3: That's right, thirteen and some of them have been lingering
- 11:38Speaker 3: on the docket for years.
- 11:40Speaker 1: Yeah, I asked you about that. I said, well, how
- 11:42Speaker 1: old are they because thirteen murders, this could have all
- 11:45Speaker 1: been recent. But you're only one of.
- 11:48Speaker 2: Sixteen sixteen judges.
- 11:51Speaker 3: So you take that thirteen number in your times at
- 11:54Speaker 3: by sixteen and that's an approximation of how many murder
- 11:57Speaker 3: cases are pending in Hamilton County right now.
- 12:02Speaker 1: The backlog seems extraordinary, and the prosecutor's office has a
- 12:06Speaker 1: tough road to ho in proving guilt beyond a reasonable doubt.
- 12:09Speaker 1: That takes a lot of work, and I think most
- 12:11Speaker 1: people really don't have any idea about all the prep
- 12:14Speaker 1: work that goes in to trying one of those cases.
- 12:17Speaker 1: From the initial hot let's say homicide, the gathering of
- 12:20Speaker 1: evidence and all the information about the police department, the
- 12:22Speaker 1: interviews that takes a long time, that has to be
- 12:24Speaker 1: handed over to the prosecutor's office. They have to put
- 12:26Speaker 1: it all together in a format that's understandable. You got
- 12:28Speaker 1: to go in front of the jury and address all
- 12:30Speaker 1: the defense arguments. It's a tough process. And I just
- 12:33Speaker 1: wonder because we often see, you know, plea deals reached
- 12:38Speaker 1: and you're like, wait a second, how in the hell
- 12:42Speaker 1: on that heinous crime did they end up with such
- 12:44Speaker 1: a sweetheart plea deal? And I had an out loud
- 12:47Speaker 1: question to ask you, which is our prosecutors sort of
- 12:51Speaker 1: maybe given up? It is a lot of work, and
- 12:53Speaker 1: isn't it easier to just sort of all right, I'll
- 12:56Speaker 1: negotiate a deal with the defense lawyer, and yeah, it
- 12:59Speaker 1: will be a little bit lean, but that's one less
- 13:00Speaker 1: case on my plate.
- 13:01Speaker 3: Yeah. And the other thing you've seen in the prosecutor's
- 13:04Speaker 3: office is the turnover and prosecutors. This current prosecutor has
- 13:08Speaker 3: fired a number of very senior, very complicated cases that
- 13:13Speaker 3: had very good veterans. And so then what happens is
- 13:17Speaker 3: you've had they've been working on a case for a
- 13:18Speaker 3: year and a half, two years, and now a whole
- 13:21Speaker 3: new team comes in and they want to start all over.
- 13:25Speaker 3: And so this is one of the reasons that these
- 13:27Speaker 3: cases have been dragging out.
- 13:29Speaker 1: Now, I guess I have to sort of raise the spector.
- 13:33Speaker 1: Why were they let go? Is this a disagreement over
- 13:36Speaker 1: perhaps prosecutorial philosophy. Are they maybe a little bit or
- 13:40Speaker 1: were they maybe a little bit more hardline and interested
- 13:43Speaker 1: in bringing about justice and seeing that justicees served. They
- 13:46Speaker 1: aren't part of the world culture because County Pillage seems
- 13:49Speaker 1: to be I.
- 13:50Speaker 3: Think all of the above. Some of these people have
- 13:53Speaker 3: been let go, and we have no idea the reason
- 13:55Speaker 3: why they were let go. O.
- 13:56Speaker 1: Oh, nobody knows why police Chief dj was let go
- 13:58Speaker 1: either there, Judgment.
- 13:59Speaker 3: Yeah, it's the same thing. It's a turnover. It's now
- 14:04Speaker 3: the Democrats are in charge and the Republican prosecutors who
- 14:08Speaker 3: are left over from the old administration, who have the
- 14:12Speaker 3: experience in these cases are being let go left, right
- 14:16Speaker 3: and center and leaving us in a total lurch.
- 14:20Speaker 1: Brick in my heart this morning. You're judgment's cold water?
- 14:22Speaker 1: Does reality? Well need to go about it? And I
- 14:24Speaker 1: going back and I this really irked me. You mentioned
- 14:30Speaker 1: the police officer that got injured in the brawl that
- 14:34Speaker 1: took place next to you and Judge Winkler's court room,
- 14:37Speaker 1: the initial topic of conversation, and that he wouldn't have
- 14:39Speaker 1: been able to testify in a try because his head
- 14:41Speaker 1: had been injured and was fairly substantial. That was a
- 14:44Speaker 1: direct consequence of the brawl. You asked the Sheriff's department, asked,
- 14:49Speaker 1: I guess the sheriff about this? Were there any injuries
- 14:57Speaker 1: and what was charmage mcguffey's response to that.
- 15:00Speaker 3: The Sheriff's office issue the office date. They issued an
- 15:03Speaker 3: office statement saying no one had been injured in the brawl,
- 15:07Speaker 3: no one, when they knew for a fact that that
- 15:10Speaker 3: homicide detective had been injured. And so someone that said
- 15:14Speaker 3: to me, well, they say that no one's injured. I said, no,
- 15:16Speaker 3: I know this homicide detective has been injured because this
- 15:19Speaker 3: other murder case had to be postponed.
- 15:22Speaker 2: And you say the sheriff's department was aware of the injury.
- 15:24Speaker 3: Yeah, absolutely, they were aware of the injury.
- 15:26Speaker 1: So the statement from the sheriff's office, you know, let
- 15:28Speaker 1: me just boil it down. My perception of that is
- 15:31Speaker 1: it was a lie, completely contrary to the known facts.
- 15:35Speaker 1: An officer was in fact injured and they said no
- 15:38Speaker 1: one was injured. All right, I appreciate that we can
- 15:40Speaker 1: take comfort in the Sheriff's department and providing us with
- 15:43Speaker 1: well accurate information. Judge Chris McDowell, it has been a
- 15:47Speaker 1: real distinct pleasure he having you here in the fifty
- 15:48Speaker 1: five Carcy Morning Show studio.
- 15:49Speaker 2: I wish you well.
- 15:50Speaker 1: I know you don't have to worry about the primary,
- 15:52Speaker 1: but we'll see what we can do between now and
- 15:54Speaker 1: November to keep people's minds on you and recognize that
- 15:57Speaker 1: elections have consequences, and we don't want war judges, and
- 16:00Speaker 1: we certainly don't want woke prosecutors. We'll have another chance
- 16:03Speaker 1: to deal with the prosecutors officers at some point. Judge
- 16:05Speaker 1: McDowell a real pleasure, sir. Keep up the great work,
- 16:08Speaker 1: thank you very much. Oh and if you're a fentanel dealer,
- 16:11Speaker 1: you're in for a world of hurt if you end
- 16:14Speaker 1: up in Judge McDowell's courtroom. I'm just letting you know
- 16:17Speaker 1: right now.