Episode Transcript
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Speaker 1 (00:00):
Why has Hollywood written men out of most of their
streaming success shows?
Speaker 2 (00:05):
Playing Buck today at noon on fifty five KRC eight
oh five fifty five KRC DE Talk Station, Brian Thomas,
Wish and everybody, very happy Wednesday, inviting you to stick around.
Judgejennena Politano. Bottom of the hour, we'll hear from Save
High Park Squares John Zinzer some big developments on that
project yesterday and since a city council and without further ado,
(00:26):
welcome back to the fifty five KRC Morning Show. Vote
Judge Josh Berkowitz in November, Welcome back, Judge Burkowitz. It's
always great having you on the show, and thank you
for all that you do for our community.
Speaker 1 (00:37):
No thanks, Brian, thanks for having me on.
Speaker 2 (00:39):
I'll throw you a little bit of a curve before
we get to your endorsements and your your campaign and
how people can help you out. You're a board member
for the Hamilton County Law Library Resource Board. Yes, sir,
I saw that in your resume. I just had to
ask because I remember when I was a young man.
He used to work for Judge Panteoto in the Domestic
(00:59):
Relate Court. Used to go up to the law Library. Yeah, yeah,
a long time ago, and they were on the fourth
floor of the courthouse, so I'm dating myself. But the
Halin Cutty Law Library, this is an era that sort
of was the transition period in the eighties when we
started using Lexus and west Law. I just kind of
wonder in the modern practice of law, and as a
judge who has to rely on case law, does anybody
(01:21):
use the actual physical library anymore? Are we all on
computer using AI and what lexis and West Law?
Speaker 1 (01:29):
Oh? Yeah, yeah, it's The Law Library is really a
fascinating institution. It dates back, as you know, to something
like the eighteen thirties. Yeah, and it's really a beautiful
facility and they do a lot of really neat stuff.
They host a lot of events continuing legal education. We
(01:49):
have really almost brand new conference rooms that attorneys can
use for you know, client meetings and things like that.
And the library staff does legal research projects for any
public official, any office in Hamilton County. Oh wow, they
(02:11):
do some some tremendous work up there, and a lot
of people don't even know it's there. So I really
appreciate you mentioned that, Judge.
Speaker 2 (02:18):
That's kind of one of the reasons I brought it
up because it's at least worth walking through. I mean,
even if you're not a lawyer, it's it's like walking
back in time up there. Although it's been a long
time since I've seen it, Judge, I figured it hasn't
changed a whole lot since the eighties.
Speaker 1 (02:33):
It kind of reminds me of that scene in Indiana Jones,
you know, with the library and fanis the X marks
the spot. It's kind of got that feel to it,
stained glass, and there's some really neat historical artifacts William
Howard Taft stuff and different historical figures that you know,
(02:53):
trace their roots to Cincinnati and Hamilton County. So it's
really a special place and it's been an honor to
be part of that for the last I've been on
that board since twenty twelve.
Speaker 2 (03:05):
Oh good for you, and thanks for your work on
it now. Obviously considering roots, you're a long time since
a born and raised here in Cincinnati, graduated from Elder
High School. The le South folks that I'm staring at
through the monitor don't care. They're happy about that. Ohio
State University grad Capitol University Law School, and then you
went on served as not just a criminal offense attorney
right out of law school, a prosecutor. You're assistant Hamilton
(03:27):
County Prosecutor. You've been on the Hamilton County Municipal Court
bench since twenty fifteen. Holy cow, you have presided over
and decided over twenty thousand cases. That is absolutely amazing.
Speaker 1 (03:42):
Yeah, it's been it's been really an honor to serve
over the last ten years on the bench, and it's
been a wild experience. You know, we've gotten to see Obviously,
Municipal Court is a wonderful place. It's the busiest court,
one of the busiest courts in Ohio, and it really
(04:02):
is the broadest cross section of cases and people coming
before the court. So it's been a really neat experience,
and we've gotten to see, you know, a lot of changes,
some of them not necessarily for the better and really
ground zero for a lot of these policies and philosophies
(04:25):
that are very controversial right now and they should be.
We've seen a lot of changes in approach to things
like bonds and sentencing, and I'm proud to say that,
you know, I've been consistent on these issues regarding public
safety that the judges have one of our most serious
(04:46):
responsibilities is setting bonds on anybody who gets arrested in
Hamilton County, they go before a municipal court judge within
twenty four hours. And of course that's become a very
hot topic of debate. But this is really years in
the making, because you know, we've seen a concerted effort
across the country to advance this progressive agenda to end
(05:09):
cash bail, to release people without requiring them to post
a bond, and it's created this sort of revolving door
system that has absolutely made this community less safe, and
it's made, you know, communities across the country, particularly in
big cities, a lot less safe. And so I'm glad
(05:30):
that people are concerned about that. I'm glad that they're
asking those questions they should. You know, we're fortunate in
Ohio people get to choose what kind of justice system
that they're going to have in this community, and they
have an absolute stark contrast to choose from in this
election this fall.
Speaker 2 (05:49):
Judge Barkerwitz sentencing is critical. Of course, it seems to
me this progressive mentality that has been seeping into the
justice system doesn't appreciate that that is a critical leg
of the criminal us system. Punishment. That is the deterrence.
That's the threat for mom and dad. You're going to
get swatted if you do something wrong. That's what's in
the law. The law calls for a certain amount of time.
(06:11):
You know, there's a sentencing guideline. You're going to be
in the can for X number of months or years
if you commit the crime. If you don't follow through
with that, word gets out among the criminal element that
will listen, I'm just going to get smacked on the handle,
lut on the street. Look at my own record to
demonstrate that that's truth. That's a real phenomenon, is it not, Judge.
Speaker 1 (06:29):
Burgerwitz, absolutely, You know, a lot big part of that
trend over the last ten fifteen years is this notion
that nothing good comes from putting somebody in jail. It's
the worst thing in the world and so forth, and
it's just wrong. We have a tremendous opportunity when you
(06:52):
set bond, when you impost sentence on serious cases, you know,
you have the opportunity as a judge to disrupt cycles
of violence, cycles of addiction. I mean, there's tremendous work
that's done in the justice center to identify people who
have a drug problem, people who have an alcohol problem,
people who have some kind of mental health issue. There's
(07:15):
an opportunity to intervene there, right. But moreover, when you're
talking about violence in this community, think about what kind
of message it sends to a neighborhood, to a community,
to victims of crime when they see somebody charged with
a serious crime of violence, felonious assault, shootings, robberies, and
(07:36):
they're back on the street eight hours later. I mean,
that is so discouraging to witnesses, to victims. How do
you expect people to come forward to give testimony, to
come to court, to put themselves and their families at risk.
How do you expect them to do that when these
people who everybody in the neighborhood knows who's responsible for
(08:00):
the violence, the guns, the drugs. It's not a mystery.
The people in the neighborhood they know. And when they
see those guys get arrested and cycled right back out
on the street, it sends a message that our court
system is dysfunctional. It sends a message that it's not
safe to come forward and give testimony or information to
(08:21):
the authorities.
Speaker 2 (08:22):
Hev got of meunicipal court judge at Josh Bergerwitz running
for reelection. You can find them on the line at
keep judge Burgerwitz dot com. Help them out this sad,
sad thing. I mean, if it's not bad enough, Sarah
Herringer had her husband stabbed the death in their apartment
and over the rhine. It was that that led us
to all find out the sad reality that if you
cut your ankle monitor off, no one's going to find
(08:43):
out about it. Law enforcement is not immediately notified. This
guy was out from February all the way through June
when he stabbed Patrick herring You to death over the
rhine home. Do you know what the status of that
ankle monitor is? I'm sure, as judge that you've probably
ordered people to wear ankle monitors. What was your perception
of what happens if they camp with them, cut them
off or otherwise don't get one.
Speaker 1 (09:04):
Well, ankle monitors are an important tool in certain cases,
but it's not an it's not a cure all. It's
not in every case kind of thing, because, I mean,
the reality that we know is that an ankle monitor
is only as effective as it remains in place, and
(09:25):
anybody can cut off an ankle monitor, and then you've
got a big problem in a case like this, And
obviously this is you know, that was that was a
worst case scenario, you know, one of the things that
has been brought to light out of that. And I'm
glad that people are paying attention and concerned, not just
(09:45):
ankle monitors, but you know, you've I've gotten questions about
the program called TEACAP. There's been changes in state law
over the last ten twenty years that have dramatically impacted
public safety in Hamilton County. Was twenty seventeen. It was
Casic era of criminal justice policy that amounted to the
(10:07):
state of Ohio paying counties to not send people to prison,
tied funding for probation departments directly to the selonies of
the fourth and fifth degree, which is the largest categories
of felonies, became ineligible to go to prison. So these
are serious offenses that get played down like low level felonies. Well,
(10:29):
this is stealing a car. This is fleeing and eluding
the police, running from the police in a stolen car.
This is carrying an illegal weapon in a car. This
is breaking and entering in people's property, This is theft
up to one hundred and fifty thousand dollars. So with
that legislation, all of those individuals, the largest category of felonies,
(10:53):
became ineligible to go to prison even on a probation violation.
So what that's amounted to our more felons out on
the street in Hamilton County and around Ohio. And I'm
glad that people are asking those questions because it's it
has most definitely not made this community safer. That was
(11:13):
the promise. This was smarter justice. It was going to
you know, put people back to work. It was going
to make our community safer. And the reality is exactly
the opposite. It treats criminal justice and public safety like
just another line item on a budget, and it's it's
simply not. You know, this is why public safety is
why people pay their taxes. They expect accountability for dangerous criminals,
(11:38):
they expect justice for victims, they expect the courts to
function in an appropriate manner. And you know, the state
paying counties to not send felons to prison really is
the exact opposite of that.
Speaker 2 (11:52):
I think your comments this morning here are illustrative of
why you receive the FOP endorsement. They're concerned about this
as well. They're the officers out there that the arrest
criminals and see them back on the streets the next
day or the very same day. Frustrating for them, probably
not as encountering as many people or bothering to even
issue citations. So that's a real problem. You got the endorsement.
(12:13):
What do you make of Jeff Cameronon's allocation of money
for a bonding and sentencing project because of that issue?
He said, they want to study the whole concept of
bond because there's a lot of data out there. He
wants to sit down with judges and prosecutors and the sheriff,
the biggest stakeholders. He said, would you engage in that process,
(12:34):
to engage in the conversation about the direction we're going
and how it may be bad for the community at large.
Speaker 1 (12:41):
Look, I'll talk to anybody who will listen. As you
can tell, Brian, I'm happy to have a conversation with
anybody who's sincerely concerned about public safety in this community.
But it's not a mystery, okay. I mean, there's no
question Cincinnati police are are down as the number I've
heard is something like two hundred officers. But moreover, I mean,
(13:06):
it's not just numbers of officers, as anybody will anybody
who knows will tell you it's about their leadership from
city hall. You know, enforcement has been down, and it's
been down for years. This is not I mean, it
frustrates me when I hear journalists and others talk about, well,
(13:26):
let's compare twenty twenty three to twenty twenty four. That's
not the right comparison, in my opinion. You've got to
go back a long time. So for example, you know,
in my in that position on the law Library that
you mentioned, I see receipts from traffic enforcement. Traffic enforcement
fell off after twenty twenty. Yeah, I mean, it just
(13:50):
and it hasn't recovered. No, And I don't think anybody
believes that all of a sudden, Cincinnati drivers just became
that much more responsible and there's many fewer accidents and
that many fewer moving violations. The reality is that enforcement
is down, not just in traffic, of course, but in
(14:10):
all types of criminal justice and whether it's officers looking
for weapons, looking for drugs. This has become by design.
They've made Cincinnati police a reactive response, responding to calls
for assistance rather than being proactive and actually trying to
get at the people who they know are committing these
(14:33):
criminal offenses and get them before a tragedy happens. That's
just not happening right now. So numbers are important. Funding
is important, But the reality is city Hall. You know,
the officers on the street, they know they don't have
the support of their civilian leadership. They know that they
are one cell phone video away from getting hauled in
(14:56):
front of some review board, and so you know it,
it means they pull back from any type of enforcement
action and they wait for the call for assistance.
Speaker 2 (15:06):
Well, if you're concerned about enforcement, you need to keep
Judge Burkerwitz, that's the website. Keep Judge Burkerwitz b E
r kwiz dot com. Judge Berkowitz, it's a pleasure having
you on. Thank you on behalf of everybody in my
listening audience and the Hamilton County generally speaking for being
tough on law enforcement and understanding the practical realities of
the criminal justice system which does require punishment for it
(15:28):
to work. I wish you all the best. You have
an open forum here on the Morning show. Judge. If
you want to talk again, will be. I hope. So
between now and November, we've got an opportunity to change
the direction, and Judge Burkowitz is a man to keep
us on the right path. Judge Burkwitz, thank you for
your time this morning.
Speaker 1 (15:44):
Thank you, Brian. I appreciate your time.
Speaker 2 (15:46):
My pleasure. It's a twenty one right now. If you
have KRC the talk station, Judge Nitapoltan a bottom of
the hour. Hope you can stick around.
Speaker 1 (15:52):
This is fifty five KRC and iHeartRadio station our iHeartRadio