Journalism 421: Beat Development

Our Journalism 421 class in which each student was assigned a particular topic to cover throughout the semester.

Ode to a Journalist

Entering Miami University with a focus in pre-law, I was presented with a multitude of options: deciding criminal prosecution would most likely be my career of choice, I decided to major in journalism (to cultivate the much needed writing skills of the legal profession) and psychology (to delve into the minds and the pathologies of possible future clients). Despite at first not being interested in the career world journalism had to offer, I quickly become enamored with the type of writing and research this profession had to offer. It also become strikingly clear how much the classes I completed and the real-world projects I was required to partake in improved my writing ability. At the same time, I became acutely aware of the inadequacies of my fellow peers’ writing who had not been exposed to the same background and classes I had. Although my writing and that of my other journalism peers are still not perfected in any way, it appears that our training in the journalistic field has allowed us to supercede the writing abilities of Miami’s undergraduates as a whole. Although not wanting to in any way to mock or devalue this very much respected and intelligent undergraduate university, I believe every student – no matter the major – should be exposed to one or two journalism classes in their college career. I found it vastly helpful in not only improving my basic writing skills, but also reshaping the way I approach essays, time management and deadlines. I think everyone could take a page from journalism’s book.

-- Lindsay Jackson
Nov. 29, 2007

Student alcohol problems result in fat wallets for attorneys

BY LINDSAY JACKSON
SEPT. 11, 2007

With Miami University students back for a new semester, restaurants are filling their tables, book stores are ringing out textbooks – and bars and parties are serving up drinks. For Oxford lawyers, it’s that last activity – consumption of alcohol – that creates a new crop of clients each fall.

Criminal defense attorney Daniel E. Haughey is one of Oxford’s attorneys whose business includes an “overwhelming majority” of students, specifically students with some type of alcohol-related charge.

“It’s why he [Haughey] opened business here,” Haughey’s secretary, Vickie Jung, said.

“Students just seem to get in a lot of trouble. And it just escalates each year. Miami is now considered one of the party schools, and that wasn’t the case a couple of years ago.”

Most of Haughey’s student cases involve underage intoxication, underage possession, false identification, bar fights and sexual assaults.

“Most people think I’m representing shady or disgusting people,” Haughey said. “But I’m really representing people with bright futures who have one bad night.”

Miami President David Hodge’s overall goal to curb Miami’s drinking appetite coupled with the increased police attention of alcohol-related crimes supports the opinion of Haughey and others that Miami has a drinking problem.

“I think we do have a huge problem, but not one that you wouldn’t find anywhere else,” Haughey said. “Do I think it’s a problem? Yes. Do I think it’s a huge problem? Yes. Do I think it’s different from any other schools in the Midwest? No.”

Haughey pointed out that even parenting style and upbringing does not necessarily predict a student’s disciplinary record. Students who violate drinking laws come from both conservative and liberal homes.

“Either way,” Haughey said, “they’re still in the same place… right here in my office.”

Haughey hypothesized that some students from very restrictive backgrounds intentionally rebel against their parents and the rules they were forced to follow for 18 years prior to coming to college. He calls it the “I can engage in self-destructive behavior and there’s nothing you can do about it, Mom” attitude.

Miami receives a lot of attention as a school with affluent, good-looking people, Haughey noted. It is this increased publicity of the school, he said, that adds to why people assume Miami’s “drinking problem” is an isolated event that does not transcend other college campuses. The more attention Miami receives, the bigger the problem is perceived to be.

At the University of Cincinnati, another Midwest college campus in close proximity to Oxford, alcohol abuse is not the No. 1 source of crime, Haughey said. That campus has more pressing issues on the docket, such as theft and assault.

“[Alcohol-related problems] are our No. 1 source of crime. It’s a No. 1 concern because we don’t have anything bigger to worry about,” he said.

Oxford attorneys Wayne Staton and Martha Meyer also handle alcohol-related crimes, with students generating 60 to 70 percent of their business.

“Students commit a gamut of crimes, like felonies, drug abuse and trafficking, and burglary,” Meyer said, “but the bulk majority is alcohol or alcohol is involved in some way.”

Attorney F. Harrison Green, a local lawyer who specializes in medical malpractice and personal injury cases, doesn’t even escape the influence of Miami students: although the university’s students do not make up the majority of his business, those who do are typically there on alcohol-related claims.

There is hope, however, for students who find themselves in an alcohol-related incident that requires representation by a local attorney. Judge Robert Lyons of the Area I Court in Oxford offers a relatively new program, entitled the Diversion Program, which allows students with a first-time offense to complete the program and essentially have the offense removed from their criminal record.

“It’s basically for stupid people that have done stupid things,” said a Miami sophomore who recently visited Haughey. He was participating in the program after an alcohol-related bar fight at Brick Street Bar & Grille.

Lyons designed two parts of the Diversion Program. The first program specifically deals with cases involving underage alcohol consumption and alcohol possession. Offenders are required to pay $80 in court fees, perform 30 hours of community service and participate in a two-day alcohol program. The second program is specifically designed for cases involving the use of false identification. These offenders are required to pay $80 in court fees, a $750 contribution fee to the community and complete a two-day alcohol program.

“If you lose your mind one night, it gives you a fresh start,” said Jung, Haughey’s secretary.

Local attorney stake no pleasure in meeting students trying to repair the damage of these “one nights.”

“An individual student is going to make whatever decision they want to make,” Haughey said.

“If they want to party, drink, and socialize, that’s what they’re going to do. It’s the way it’s going to be, but I do think it’s a shame.”

For Haughey and his competitors, the continuing shame means continued business.

“My job is seasonal,” Haughey added. “I’m still busy in the summer, but when the students begin moving in is really when the season starts. If it weren’t for people engaging in stupid behavior, I wouldn’t have a job market.”

Web posting offers new perspective on local dog abuse case

BY LINDSAY JACKSON
SEPT. 25, 2007

Outcries from the Oxford community were loud and persistent when Judge Robert Lyons of the Butler Area I Court ruled in favor of returning an abused dog to his owner in August. People protested in the streets. Newspapers published story after story reexamining the case and all its inadequacies. Eventually, Judge Lyons himself felt compelled to react, justifying his ruling in an impromptu speech in front of the courthouse. Buried in all the hype was one anonymous web posting that offers a hint at explaining the intense reaction.

“What happened to the dog is terrible, but where are all the concerned citizens when our women and children are abused,” said a post from “M.” “I don’t see any outraged people outside of our domestic violence courts when abusers are let out of jail. I wish there was as much concern and outrage for our families that are torn apart by abuse as there is for a dog who has been abused.”

This posting illustrates a core issue related to animal abuse, said Dean Vickers, Ohio state director for the Humane Society.

“There is an incredible connection to the abuse of dogs and the abuse of women and children,” said Vickers. “The animal suffers first and then the abuse escalates. If we stop the abuse of animals, we stop the abuse of a spouse and children down the road. It’s a very well-known pattern.”

Research verifies his assertion. A 1997 study by The Massachusetts Society for the Prevention of Cruelty to Animals (SPCA) and Northeastern University found that animal abusers are five times more likely than non-animal abusers to commit violent crimes against people. More specifically, research has shown a consistent link between animal cruelty and child, spousal and elderly abuse. Statistics obtained by The Humane Society of the United States (HSUS) show that 15 percent of animal cruelty cases co-occur with some form of family violence, most notably child or spousal abuse.

Knowledge of the tie between animal cruelty and subsequent family abuse dates back 130 years. Founded in 1877, The American Humane Association (AHA) created organizations for the specific purpose of preventing child and animal abuse. Today, the AHA operates the National Resource Center on the Link Between Violence to People and Animals and continuously advocates stronger animal abuse laws with the intention of preventing child and spousal abuse at the earliest signs.

Despite these established ties, some observers of the Lyons’ case seemed puzzled by the intense reaction to the fact that the judge returned an abused dog, China, to its owner.

Oxford attorney Daniel Haughey agreed with the web posting, saying that this type of media coverage and public involvement is not seen in domestic violence cases. Haughey mentioned a case tried in the Butler County Area I Court in which a bedridden man was so neglected by his caretaker that his bedsores had become infested with maggots.

“No one was outside protesting then,” Haughey noted.

Another Oxford attorney, F. Harrison Green, called Judge Lyons’ decision a “damned if you do, damned if you don’t” situation. Green agreed with the web poster’s assessment that society reacts more strongly to animal abuse than humans abuse.

“It’s a heck of a great comparison,” Green said. “It seems that there’s more value in dogs than in our women and children.”

“The line has become blurred between people and animals,” Green added.

The media itself has played an intricate role in the hype surrounding the case, generating both awareness of and support for the prevention of animal abuse. The media plays on the heartstrings of their readers, Green said.

John Forren, a political science professor and former pre-law advisor at Miami University, admitted he cannot fathom why more attention is paid to animal abuse over the large number of women and children who are abused.

“I would assume it would be pet owners who would empathize with [the case]. But I’m sure many of them have children, too… so, I just don’t know,” Forren said.

Lyons, who could not be reached for comment, ruled Aug. 2 that the dog must be licensed, not be tied up and taken to the veterinarian every 90 days. The dog’s owner must read a book on dog car, pay up to $3,000 in fines and be subjected to random home inspections to ensure proper care. Noncompliance with any of the requirements would be considered a violation of parole and will result in up to 180 days in jail.

Miami students fight legal charges one year after train death

BY LINDSAY JACKSON
OCT. 9, 2007

Five Miami University students are fighting legal charges related to April 14 death of 19-year-old student Beth Speidel.

Kathleen Byrne, 19, Christine Carr, 19, Kristina Sicker, 20, Danielle Davis, 20, and Maureen Grady, 20, face charges for allegedly furnishing the underage woman with alcohol the night of her death.

According to police reports, Speidel’s body was struck by an eastbound CSX freight train near the South Locust Street tracks at approximately 1:45 a.m. on April 14. Her body was discovered at 3:20 a.m. by a second train. A coroner’s report showed Speidel died of head trauma with a blood-alcohol level of .229, more than twice the legal driving limit.

Although the five sophomore women were under the legal drinking age as well, Byrne, Carr, Sicker and Davis are all being charged with providing Speidel alcohol at their Brown Street apartment complex before Speidel left at approximately 11:30 p.m. for Uptown Oxford. Grady is being charged with purchasing Speidel an alcoholic beverage at Pachinkos on Main and High streets.

Four of the five women are fighting the charges. Byrne, Sicker and Carr’s trial was scheduled to be heard on September 20 by Judge Robert Lyons at the Butler Area I Courthouse in Oxford. Local Attorney Wayne Staton, who represents Byrne, Sicker and Carr, has filed a motion to suppress all incriminating evidence obtained by Detective Shelly Sikora of the Oxford Police Department at an April 16 meeting between Sikora, Byrne and Sicker. The defense maintains that Sikora violated the defendants’ Fifth and 14th Amendment rights, which encompass “a citizen’s privilege against self-incrimination,” and their Sixth Amendment right to “have an attorney present at all custodial stages of a criminal prosecution.” The young women’s Miranda rights were not recited nor explained, namely their right against self-incrimination and their right for representation by a lawyer, said Staton. The defense also mentioned that these rights were neither voluntarily nor knowingly waived. Furthermore, the defense argued that Sikora obtained information through unethical interrogation, using “police deception and coercion.” Staton contended that Sikora obtained the information under false pretenses, saying she asked the young women to come to the police station to talk about Speidel’s death without any indication that they could be held responsible and charged. The three women would never have come to the station had they known Sikora’s intentions, Staton asserted.

Carr, who was not present at the apartment complex the night of the incident, has filed a motion of alibi, stating she was not present at the apartment and did not furnish alcohol to Speidel. Lyons has not yet issued a ruling for Byrne and Sicker’s motion to suppress evidence nor Carr’s motion of alibi. If the defendant’s motions are denied, a trial will ensue.

On Sept. 27, Grady appeared in court with Attorney David Thomas from Columbus, seeking to suppress any incriminating statements obtained on April 16. Thomas argued, in conjunction with Staton, that the police violated Grady’s Miranda Rights and the Fifth and 14th amendments in interviewing her. At issue between the defense and prosecution is whether Grady was considered in police custody. The defense argues that Grady “was in custody for purposes of Miranda,” and the prosecution maintains Grady came voluntarily to the police station.

During Sikora’s testimony, Thomas asked whether the detective’s questioning of the young women was an “interrogation eliciting answers to questions” or, as Sikora called it, an “accident investigation.” Defense pointed out that the disputed April 16 conversation took place in an interrogation room and Sikora was displaying both her badge and her weapon during the proceedings. The state countered defense’s argument, saying the young women came to the police on their own accord, left of their own free volition and were never arrested, thus claiming that Miranda warnings were not necessary. Grady is still awaiting Lyons ruling on whether her statements will be suppressed.

All five women were instructed not to comment on the case until all court proceedings had ended and Judge Lyons had reached a decision. The attorneys representing the young women have also declined to comment.

“I can’t say anything at this point,” said Daniel Haughey, Davis’ attorney. “After everything is done, I can make a statement on my client’s behalf if she wishes. But until then, I can’t say anything.”

Michael Baker, the Butler County prosecuting attorney, echoed Haughey’s sentiment. “I really can’t say much with motions pending,” said Baker.

Defense attorney Staton could not be contacted for comment.

Although advised not to talk to the media, two defendants offered brief reactions to the proceedings.

“I just really think it’s hard,” Sicker said. “It’s just a really tragic situation all around. It was a hard lesson to learn.”

Grady said she was “getting emotional just thinking about it. I just want it over. I need closure.”

Grady said her interactions with the media haven’t been very positive, mentioning that most reporters and subsequent stories were not very sympathetic to her situation. “You don’t know how many nights I’ve cried myself to sleep just reading all the stuff that’s been said [in the newspapers].”

Train death results in continued trials; settlement reached

BY LINDSAY JACKSON
OCT. 25, 2007

Six months after the death of 19-year-old student Beth Speidel, her friends still face legal charges, plea agreements and trials related to their interactions with Speidel on the night she died.

Danielle Davis, 20, is the first of five charged in the case to reach a settlement. The state charged Davis, a resident of the Brown Road apartment Speidel visited on April 13, with allegedly Speidel alcohol hours prior to her death. Davis and her attorney, Daniel Haughey, entered a guilty plea on Oct. 11 to the charges brought against her. According to Butler County Prosecutor Michael Baker, Davis is required to complete 30 hours of community service, donate $100 to a law enforcement trust fund and pay all court costs. It also requires her to partake in the Diversion Program, a two-day alcohol education program that allows first-time offenders to have the offense removed from their criminal record upon completion of the program. Baker said Davis was eligible for the program as a first-time offender of alcohol-related crimes such as underage drinking.

Baker said he was not surprised that Davis’ attorney, Haughey, accepted the plea agreement.

“It’s a good offer that he just couldn’t pass up,” said Baker.

Haughey and Davis could not be reached for comment regarding this resolved case.

Davis is one of five Miami University students who have been charged with providing alcohol to Speidel just prior to her death. According to police reports, Speidel’s body was struck by an eastbound CSX freight train near the South Locust Street tracks at approximately 1:45 a.m. on April 14. Her body was discovered at 3:20 a.m. by a second train. A coroner’s report showed Speidel died of head trauma with a blood-alcohol level of .229, more than twice the legal limit.

Two other students charged in the case, Kathleen Byrne, 19, and Kristina Sicker, 20, entered motions to suppress incriminating evidence obtained by the Oxford Police Department on April 16 by Detective Shelly Sikora. The State charged Byrne and Sicker with allegedly furnishing Speidel alcohol at their apartment on Brown Road. Attorney Wayne Staton, who represents Byrne and Sicker, said he was confident in the young women’s likelihood of avoiding a trial. He also mentioned he has no intention of entering into a plea agreement if offered and will instead proceed with trial if his motion is overruled.

“I think I’m going to win the motion to suppress,” said Staton on Oct. 18 just hours prior to Judge Robert Lyons’ of the Butler Area I Court in Oxford ruling in favor of the two women.

Even though Lyons granted Staton’s motion, prosecuting attorney Baker said has every intention of appealing the decision.

“It [the appeal] is already set,” said Baker.

Staton also represents Christine Carr, 19, the fourth resident at the Brown Road apartment who was charged with providing alcohol to an underage Speidel. Carr has moved for a motion of alibi, which states that she was not present at the apartment and did not furnish alcohol to Speidel. Staton believes the State does not have a sufficient case against Carr. No date for her trial has been set.

“I assume the case will be thrown out for lack of evidence,” he said.

Maureen Grady, 20, and Columbus defense attorney David Thomas likewise filed a motion to suppress evidence gathered by Sikora on April 16. Grady is being charged with furnishing Speidel an alcoholic beverage at Pachinkos, a bar on Main Street, the evening of her death. On Oct. 11, Lyons favored the State’s argument, thus overruling Grady’s motion, and set a pretrial hearing for Grady on Oct. 18. At the pretrial, Thomas, requested a continuance, delaying the court proceedings. Due to the sensitivity of the case, Thomas has remained tight-lipped around the media.

“I can’t really comment on cases that are pending,” said Thomas. “And I don’t really have any desire to talk to the media about a criminal case. Maybe when everything is over.”

With regards to Grady’s upcoming scheduled trial, Thomas said: “I don’t know when the trial has been set. I expect to hear soon.”

Knowledge of the law may help university students cope with the system

BY LINDSAY JACKSON
NOV. 6, 2007

At Miami University, underage alcohol consumption and drug use inevitably trigger legal procedures. For those partaking in illegal activities, knowledge of those processes may just be the necessary “get out of jail free” card.

This knowledge is especially pertinent in light of recent legal proceedings that deal with illegal substance abuse. The April death of 19-year-old student Beth Speidel has some students fearing they too will find themselves in the courtroom if they knowingly or unknowingly furnish alcohol to an underage recipient. October’s recent train suicide allegedly sparked by the student’s interactions with the Oxford Police Department earlier that night regarding marijuana paraphernalia possession has heightened that fear. Whatever the situation, many students’ ignorance of the legal system have them concerned at the prospect of the police catching them with their hands in the cookie jar – or, in this case, around a can of “Natty Light.”

At Miami, alcohol-related offenses are the most prevalent crimes committed by students. In 2006, 790 students in on-campus residence halls alone were cited for liquor law violations. In the same year, 137 on-campus arrests were made, doubling the 2005 arrests for alcohol violations. Although not as prevalent, drug-related incidents are high in comparison to other crimes, trumped only by on-campus burglary. Consequently, a majority of Oxford attorneys’ clients are Miami students charged with alcohol-related crimes.

Miami’s Code of Student Conduct deems certain alcohol- and drug-related crimes Code One offenses. Miami’s penalties for a first-offense alcohol violation, including intoxication or alcohol-induced destructive behaviors, are participation in a $200 four-hour substance abuse education program and a $250 substance abuse assessment. In addition, a counselor may recommend further intervention and a group session if necessary. On a second alcohol-related offense, the university may enforce suspension and possible dismissal from the institution. If an underage student is found just using alcohol, though not intoxicated, a first offense would require the student to participate in a $150 two-hour alcohol class. On a second offense, a student must attend a $250 alcohol assessment program. On a third offense, the Code calls for suspension of the student.

Although seemingly clear-cut, the guidelines set forth by the Code of Student Conduct are not necessarily applicable in every case.

“It’s not black and white… it’s a gray area,” said Susan Vaughn, director of ethics and student conflict resolution. “I often instruct the police, ‘Don’t tell them what you think will happen to them because it might not work out that way.’”

Brochures detailing the university’s disciplinary proceedings are located in Gaskill Hall 247, to outline “how a student might prepare themselves,” said Vaughn.

If a complaint is filed against a student or organization for a Code One violation, the Office of Ethics and Student Conflict Resolution may issue the student, upon review of the complaint, a written notice of the alleged violation. Next, the student partakes in a procedural review to assess the charges and to discuss the disciplinary process and options. After this review, the student must, within two business days, submit a form to admit to the charges and accepting the consequences, request an administrative hearing, ask for a hearing before the Student Court (if suspension or dismissal are not a potential consequence) or appeal by way of a hearing before the Disciplinary Board (if suspension or dismissal are a potential consequence).

Likewise, if a complaint is filed against a student or organization for a Code Two offense – which include violations of the university’s policies, unauthorized use of university keys, failure to comply, and complicity – the student receives a written notice of the violation with the option of requesting an administrative hearing within five business days if he or she disputes the claim.

In the case of suspension or dismissal from a Code One offense, the accused party has the right to file a written appeal with the University Appeals Board within five business days after receiving the written notice. An appeal may be filed if the student believes an inappropriate sanction or procedural problem with the final decision has occurred or if new evidence has been introduced.

In addition to a review and possible punishment by Miami University, a student also faces legal charges for alcohol- and drug-related incidents. According to Butler County Prosecutor Michael Baker, students accused of alcohol-related crimes like underage intoxication and possession of false identification are eligible to participate in the Diversion Program. The program focuses on alcohol-education and requires a two-day alcohol class, a monetary contribution to the community and 30 hours of community service, said Oxford defense attorney Daniel Haughey. Successful completion of the program dismisses the case against the student and removes the incident from his or her criminal record. This program is popular among offending students.

“An overwhelming majority of students who sit down with me do the program,” said Haughey. “About 95 percent [of students] decide to do the Diversion.”

Many students opt for the Diversion Program solely because the offense will not be included on their criminal record.

“Most students [charged with a crime] are not worried about the money or probation but about it showing up on their criminal record when they apply to law school and grad school,” said Haughey.

On a second alcohol-related offense, a student does not qualify for the Diversion Program and instead must repeat the two-day alcohol class and pay $500 to $700 in fines. He or she may also have to serve jail time. However, Butler County Area I Court Judge Robert Lyons maintains full discretion for the jail time qualification and he typically suspends it.

“On a second offense, a Miami student is not going to jail,” said Haughey.

Like alcohol, drug-related consequences vary depending on the number of times a student has repeated the offense. However, first-time offenders accused of crimes relating to drug use are not privy to partake in the Diversion Program. Marijuana possession of one ounce or less for a first-time offender, for example, is considered a minor misdemeanor and is accompanied by a $150 fine. On a second offense, the student’s driver’s license would be suspended for six months and, like an alcohol-offense, the student would serve no jail time. In addition, a second drug-related incident can be expunged in one year, meaning a student’s record can be cleared one year later if no other offenses occur within that time period. According to Haughey, all non-violent offenses can be expunged after one year.

Although there are some consequences to illegal alcohol- and drug-related behavior, “it certainly isn’t something for a student to think it’s the end of the world,” Haughey said.