Beat Development

Journalism 421: Beat Development

2007-12-04T09:35:00.001-08:00

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

Ode to a Journalist

2007-11-29T10:57:00.000-08:00

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

2007-11-20T10:00:00.000-08:00

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

2007-11-19T10:00:00.000-08:00

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

2007-11-18T10:00:00.000-08:00

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

2007-11-17T10:00:00.001-08:00

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

2007-11-17T10:00:00.000-08:00

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.

All rise for Judge Lyons: A little look at his record for a change

2007-11-16T10:00:00.000-08:00

BY LINDSAY JACKSON
NOV. 20, 2007
photo courteous of Area I Court website

He spends every Thursday listening to people talk all day. Although he makes good money off of other people’s failings, he does not take pleasure in their hardships but rather in upholding the law and the defendants’ rights. For Butler County Area I Court Judge Robert Lyons, acting as the sole judge in Oxford’s tiny courthouse cannot possible be described as simply sitting in a chair, wearing black robes and listening to men and women bicker back and forth in tailored suits. There’s so much more to the man behind the gavel.

From practicing horse-riding to practicing the law

Robert Hagen Lyons was born and raised on a horse farm in West Chester, Ohio. His mother was a homemaker, though Lyons explicitly states this title was an understatement on a farm that raised some 50 horses for breeding and showing. His father was an attorney who retired before he began law school, never, therefore pressuring his son into the business.

“It’s something I always thought about,” said Lyons.

Lyons is a Miami University alumnus, graduating in 1977 with a degree in business. He then attended Chase College in Kentucky and received his law degree in 1980. He met his wife, Beatrice, in San Antonio on spring break during his undergraduate years and married her one year later. To this day, Lyons has remained in the greater Cincinnati area of West Chester with his wife and four children.

“It’s home,” said Lyons. “I haven’t gone too far.”

His two oldest children, ages 33 and 31, attended Miami for undergraduate school while his 26-year-old son and 18-year-old daughter currently attend Ohio University and the University of Tennessee, respectively.

Once he graduated from law school, Lyons began working for a Cincinnati law firm doing tax work. He then worked for a pension company but eventually left because he did not enjoy the traveling the job required, especially with three children at home at the time. In 1983, Lyons “hung the shingle in West Chester” and opened his own private practice, Lyons & Lyons. For the next 12 years, his father joined him in the practice. Since 1995, he’s been a sole practitioner.

His part-time job, acting as sitting judge of Oxford on Thursdays, did not come easily. In 1992, Lyons was the acting judge in Oxford, essentially filling in for the sitting judge when necessary. Then, in 1994, he ran for and lost the position. In 1999, Gov. Robert Taft appointed Lyons to the position when the previous judge left for the Common Pleas Court. In 2000, he ran for the job and won. He ran again in 2006, and won, securing his job until 2012.

Although not running for the position solely to stay close to his alma mater, Lyons couldn’t stay away from Miami too long, returning to the university to teach a business law class for five years.

Lyons said working in the Butler Area I Court is quite different from other areas he’s worked in prior.

“It’s very unique being a college town,” said Lyons.

In Oxford, Lyons sees more cases involving alcohol consumption, assaults and disorderly conduct, “not necessarily high, violent crimes,” he said, but not as many traffic cases as in municipal and county courts.

“Percentage wise, it’s [the Area I Court] is different from municipal and county courts.”

Miami University drinking culture – “It’s an epidemic.”

Even though Lyons has dealt with Miami students and alcohol-related crimes every week for nine years, he has not become numb to student alcohol cases over the years.

“In Oxford, underage alcohol consumption has to be taken seriously,” he said. “It is a very serious problem… binge drinking among college students is a huge problem…it’s an epidemic.”

He said many often cite the age-old argument, “if you’re old enough to go to war, you should be old enough to drink.” He believes the legal drinking age of 21 is an arbitrary number.

“At one point, 21 was the year of majority,” he said. “Now, at 18 [the new age of majority], you can vote, get married, buy a house… but you can’t drink. It’s better to change the age of majority to 21 than the age of drinking to 18.”

According to Lyons, having a drink or two itself is not the key issue.

“A young person having a beer is not the problem,” said Lyons. “In fact, a young person drinking to excess is not the problem. Widespread drinking correlates with violence, assault, rapes, burglaries and even deaths. Drinking is not just a problem in itself… it leads to other crimes.”

Lyons said he and the city of Oxford are doing all they can to curtail this problem, yet remains a major problem.

By law, underage consumption can be punishable by 180 days in jail and $1,000 in fines.

“It would not be proper to put someone in jail for consuming one beer when under 21,” he said.

“Every year we make the punishment more severe… it’s just not going down, which is frustrating.”

But, he adds, “a message has to be sent,” and this is precisely why Lyons has implemented an educational solution. First-time offenders can now partake in the Diversion Program, which requires offenders to participate in a two-day alcohol program, perform community service and make a donation to the city.

Although frustrated by the number of students facing underage consumption or possession of false identification charges, despite the Diversion Program’s efforts, Lyons has seen success in the decreasing number of students who re-offend.

“They hopefully won’t do it [re-offend], but if they do, they will hopefully do it in a much more responsible way,” Lyons said.

Students are not cited with alcohol violations because they are sitting quietly in their houses and having a drink, he said. Instead, students usually act in a way that brings attention to themselves. Lyons believes the number of re-offenders is decreasing because students who continue to engage in these illegal activities do so in a less obvious manner.

Over the past nine years, Lyons has seen Miami’s drinking problems worsen with each passing school year. Despite this, he does not believe Miami’s issues with alcohol are any different from those at other universities.

“I see it across the board,” he said. “I don’t pretend that urban schools don’t have the same problems.”

In addition to underage alcohol consumption, Lyons speaks about the consequences of drunk driving and driving under the influence (DUI) convictions. First, he said, it’s a life-time conviction that is never erased from one’s criminal record. Secondly, it’s a very expensive crime.

“I drive a nice car, I bought a nice house, I can afford to send my kids to private schools, and I can go on what I think are pretty nice vacations,” Lyons said, “all because people drink and drive.”

The dog abuse case

On July 12, Otis Clark Jr., 48, of Somerville pleaded no contest to animal abuse after his 2-year-old dog, China, was found with her chain imbedded an inch deep into her neck, so deep that the flesh around the wound began to rot. The chain had to be surgically removed, leaving permanent scarring.

When Lyons ruled in favor of returning the abused dog to his owner, the Oxford community was outraged by the decision. People protested in the streets and local newspapers published a slew of stories with critical quotes from animal rights advocates and dog-lovers. During a major protest outside the Oxford court house, Lyons, in a rare public statement for a judge, justified his ruling. Although the newspapers were willing to include the opinions of everyone on the case from here to Iowa, many papers did not include his press release explaining his decision, he said.

“I’m not a fan of the media,” Lyons said. “I would fight to the death for their right to print, but I’ve become jaded and disappointed with the media.”

With subject matter as convoluted as the legal system, Lyons said most media professionals fail to accurately report court proceedings and decisions, and instead write a sensational story. And, he adds, sometimes the truth is more interesting than a fabrication. Lyons identified two main factors contributing to the media’s inaccurate portrayal of recent headline-making cases occurring in Oxford.

“It’s a combination of ignorance and they have no interest in becoming educated,” said Lyons.

Assistant Prosecuting Attorney for Butler County Michael Baker agreed, saying many media reporters have little knowledge of the law and how it works, thereby printing their interpretation of the law rather than how events actually transpired.

Lyons explained he found Clark guilty of the neglect charges but returned the dog to his owner primarily because he could then keep a close eye on the dog’s future care. Had he relinquished ownership of the dog, he would have been powerless to control how the family treated any future pets, he said.

“What I didn’t mention in my press release was dogs or domestic animals are property,” he said. “I shouldn’t take someone else’s property without due process of the law. But could I have taken this man’s dog away? Yes.”

It was obvious to local attorneys that the decision to return the neglected dog to his owner was nothing short of difficult.

“No one had more angst over this decision than the judge,” said Oxford attorney Daniel Haughey.

“It was a ‘damned if you do, damned if you don’t’ situation,” said attorney F. Harrison Green.

“He [Lyons] couldn’t prevent them [Clark’s family] from getting another dog. Him, maybe, but not the family. They were going to have one anyways and there’s no jurisdiction over the family.”

The media reported animal rights groups’ belief that abuse needs to be stopped at the first sign, because of the strong link between animal abuse and subsequent spousal and child abuse. Lyons believes this is not necessarily the case.

“First of all, the problem with that is you can link just about anything,” said Lyons. “If someone that is a heroin addict at one point drank beer, does that mean that everyone that drinks beer will become addicted to heroin? The correlation the press made between abused dogs and children … it’s not the same thing.”

Lyons was particularly upset about the media’s attempt to link this case with the recent Michael Vick case involving organized dog fighting. He said there is no connection between the two.

“One [case] was this multimillionaire that was fighting dogs for profit and the other one was this construction worker that just left his dog tied up outside,” he said.

“Michael Vick’s offensive behavior was intentional,” added Green.

Lyons observed that the public and the media had a “heyday” with the dog case, yet not a single person bats an eye when women and children are abused or, similarly, when children are returned to abusive households.

“Do children go back to abusive parents?” Lyons asks. “Of course. All the time.”

“It seems there’s more value in dogs than in women in children,” added Green. “The line has become blurred between people and animals.”

Train death yields alcohol charges

On April 14, Miami sophomore student Beth Speidel, 19, was struck and killed by an eastbound CSX train near the Locust Street tracks in Oxford. According to a coroner’s report, Speidel died of head trauma with a blood-alcohol level of .229, nearly three times the legal limit. The state of Ohio charged four of Speidel’s with providing a place, their Brown Road apartment complex, to furnish alcohol to the underage Speidel and one woman for allegedly furnishing Speidel with alcohol at an Oxford bar.

As the lone Oxford judge, all five cases landed before Lyons. Because four of the cases have not been resolved, he would not comment on the specifics. He did mention, however, that brought against Kristina Sicker and Kathleen Byrne for providing a place for Speidel to drink were highly unusual.

“I can’t remember many, if any, cases like Sicker and Byrne’s,” he said.

“It was unusual in the way it [the case] was discovered,” said prosecuting attorney Baker, pointing out the underage drinking was discovered as a result of a death investigation. If Speidel hadn’t died that night, no one would have known about the illegal drinking, he noted.

A third friend, Christina Carr, was also charged with providing a place for Speidel to drink. The difference in her case, however, was that she had an alibi for the night in question. In Lyons’ opinion, Carr’s knowledge that her roommates would be drinking underage in their apartment renders her just as guilty as if she were present.

“It’s about knowledge,” said Lyons. “You don’t want to provide a place for underage people to drink. Anything involving underage people and alcohol is a catch-all.”

In October, Lyons ruled in favor of Sicker and Byrne’s motion to suppress evidence in their cases, thereby preventing the prosecution from moving forward. The state has, however, appealed Lyons’ decision and the case is currently under review in Ohio’s 12th District Court of Appeals. If the decision is appealed, the case will return to the Butler County Area I Court and Lyons will proceed to hear the case with their earlier statements to police as evidence.

To explain why he decided in favor of Sicker and Byrne’s motions to suppress, Lyons said he is particularly offended when people’s constitutional rights are violated: when questioned by and in the custody of the Oxford Police Department, the women were not told their Miranda rights, specifically their right to remain silent and to hire an attorney, a clear violation of their Fifth, Sixth and 14th Amendment rights.

“I am offended when the court deprives one of their Constitutional rights,” he said. “Some people are upset when people get off because of a ‘technicality.’ More often than not, the ‘technicality’ is a constitutional right. These constitutional rights are there to protect us not just against crimes and criminals but to protect us all. That’s why it’s so important to protect constitutional rights.”

Lyons said his belief in upholding a person’s constitutional rights are central to his job as an attorney and as a judge.

“It’s near and dear to my heart,” he said.