Ken Kober - City Solicitor pressures cops to press charges on the victim

Episode Transcript

Speaker 1 (00:00):
I love talk radio for every day. Ask my husband,
I love to talk.

Speaker 2 (00:04):
I don't watch much TV.

Speaker 1 (00:05):
I'm always driving them for every one. The radio is
my news source.

Speaker 3 (00:08):
Fifty five KRC theme talkstation at six Here fifty five
KRCD talk station. It's Thursday, State in the obvious means,
iHeart media aviation experts. Going to join us at bottom
of the hour that it will be of course, Jay Ratliff.
In the meantime, please to welcome and thanks to Joe
Strekker for reaching out to Ken Kober. He's the FOP

(00:29):
president Chapter sixty nine representing the Cincinni Police Department. And
make it into the news of late. You're interviewed by
everybody in every news outlet in town yesterday. Ken Kober,
Welcome back to the fifty five KRC Morning Show.

Speaker 4 (00:41):
Good morning, Brian, thanks for having me.

Speaker 3 (00:43):
Of course, a couple of topics we got to talk about.
We'll start with the man who was seen throwing the
slap if you can call it that, that resulted in
him getting completely beat down. He's been charged with disorderly conduct.
The police didn't charge him with disorderly conduct around the
time of the incident, and my understanding is that county
prosecutor did not believe it was worthy to charging because

(01:04):
maybe you don't have all the elements of the misdemeanor
disorderly conduct charge there. But given the circumstances, the fact
that he was harassed and punched and accosted verbally and
physically in advance of the slap being thrown, that maybe
this was merely an act of self defense. But it
certainly wasn't necessarily that violent act. But he's been charged now.
The man's name Alex Chervinsky. The city solicitor ordered the

(01:26):
police to issue a citation.

Speaker 1 (01:28):
Ken it's exactly right.

Speaker 2 (01:31):
There was a meeting that was had in a solicitor
said the police department will sign these charges. And Captain
Adam Henny, who's the Central Business Section commander, knew exactly
how the investigators felt about this, and he said, no,
I'm not putting these cops in this position.

Speaker 4 (01:47):
I'll do it myself.

Speaker 1 (01:48):
He kind of fell on the sword, didn't he.

Speaker 2 (01:50):
Yeah, Yeah, absolutely, he was doing it to protect his people,
and that's certainly something that I think is an honorable
thing to do.

Speaker 1 (01:56):
Yeah, but it never should have came to that, well.

Speaker 3 (01:59):
Never should have come to that. And if you ask
the captain directly, is this charge worthy? I mean, if
you were out on the street yourself like you did
before you you elevated your lofty status of administrator, would
you have issued this charge yourself? And I suppose you
would say no.

Speaker 2 (02:14):
Well, I could tell you in twenty five years of
being on this police department, I have never seen where
we watch a video and based off of a video
sign and this demeanor of the fourth degree, it hasn't happened.
It certainly hasn't seen a captain signing a criminal charge.
I mean, it's just the public season for what it is.

(02:34):
It's a bunch of nonsense.

Speaker 3 (02:36):
Yeah, And I suppose I don't know the whys and
wherefores are the internal workings of your relationship between the
Cincinni Police Apartment and the city solicitor and the Hamilton
County prosecutor. But I guess I'm kind of curious to
know by what authority the City Solicitor Emily smart Werner
in this case can order a police department to do anything.
Isn't that more of a prosecutorial responsibility?

Speaker 5 (02:58):
It is?

Speaker 4 (02:58):
But understand, I mean, she's an attorney, she is she.

Speaker 1 (03:00):
Is the so am I, but I can't. I can't
make you with cit.

Speaker 2 (03:06):
Yeah, I mean, it's like I said, and that's something
that's I've never I've never seen where you have a
solicitor's office that orders for a misdemanting of FOURT degree
to be signed, or any charge of that matter.

Speaker 4 (03:16):
That's typically left to the prosecutor's office to decide. Right.
But yeah, I guess that these are these are strange
times that we're living in. It's never should have come
to this, it never should have happened.

Speaker 2 (03:25):
It. It's exactly what I predicted August eleventh when I
said it's time for politicians to stay out of law enforcement.

Speaker 4 (03:32):
And they can't. They can't do it. They can't get
out of their own way.

Speaker 3 (03:35):
No, I guess practically speaking, Ken, I understand the position
of the police department and you when I'm trying to
stay out of conflict and chaos. What if what if
you said, no, City Solicitor Emily smart Werner, I'm sorry,
I don't know by what authority you think you can
tell the police department what to do. But in our
authority is law enforcement, and with the UH, the the

(03:57):
responsibility presumably lying either with us or with the prosecutors apartment.
Both of us have decided there isn't a crime here.
You have no authority to make us do anything, and no,
we're not going to do it. What do you think
would have happened with that ken?

Speaker 2 (04:10):
It's interesting, But that's why the captain stepped in because
he knew exactly how these investigators felt, because I've talked
to them. He's talked to them, and they both said,
we're not doing it. We are absolutely not doing this.
And that's what the Captain's like, Well, listen, I'll just
do it myself.

Speaker 4 (04:26):
Jeez.

Speaker 3 (04:27):
Well, let's move over to section twenty nine to seventeen
point one one of the High Revised Code Disorderly Conduct.
I'm just reading through the elements here, just wondering whether
even you have the elements to prove guilt beyond a
reasonable doubt. And I already said this morning if it
was my case, if I had been charged with this,

(04:48):
I would definitely have a bench trial rather than a
jury trial, because you know, you might run the risk
of some bias jurors. But a judge's got the law
in front of him or her, and I realized there's
bias on the bench. But you know, arguably they're going
to have to make a finding a fact and and
apply the elements of the law to determine someone's guilt
beyond reasonable doubt. And I'm not sure you have it here.
And I suppose based upon your initial discuss or initial

(05:09):
determination you being the police department, that a charge would
not be filed against this guy. You don't believe the
elements of the crime here at all.

Speaker 2 (05:17):
Well, no, I mean, if you look at a the
misdemeanor fourth degree disorderly conduct that says that it talks
in there about being warned that the behavior persistent, persisted
who who warned them to stop? Typically that charge is
appropriate when you have a police officer that's on the
scene of something that sees right two people engage in fighting,

(05:40):
you know, and they go stop or I'm going to
arrest you, and they continue to fight. That's when that
charge is appropriate. Not by watching a video. It comes
to question here these iris Rollie videos that we've seen
on body camera where she's obstructing these officers. Should I
just now go back and you know, sign charges on
her for obstructing official business because I the video?

Speaker 1 (06:00):
Yeah? Yeah, why not?

Speaker 2 (06:05):
Sounds like I mean, under the under the under the
the theory of the city solicitor.

Speaker 4 (06:08):
I guess I should. I guess I could. They think
somehow you can make that case.

Speaker 5 (06:12):
By watching a video, and I just I think it's
a terrible, terrible look.

Speaker 3 (06:17):
It's certainly a terrible look, but the whole thing is
a terrible look for the city of Cincinnati. And so
this brings the total number of people charging this eighth
of course, fourth degree misdemeanor. I suppose I can speculate
on this one, but I have to. I'm just compelled
to say it out loud. Given the current situation with
crime in downtown Cincinnati and the problem that we currently

(06:38):
have with the BENJ meaning the judicial leg of the
U of the criminal justice system, I doubt this would
ever see the light of prosecution except for this particular
circumstance where it appears to have some racial overtones.

Speaker 4 (06:52):
Oh, without a doubt.

Speaker 2 (06:53):
I mean this, this, this is something that would would
never be charged if this wasn't a case of this
kind of maude. I mean, we see it every day,
an assault charge. A victim doesn't show up, but I'll prosecute, right.
We just had recently had a case, very similar facts
where you know, there were there were people that were

(07:15):
fighting there, they were fighting with the police. You catch
a resisting arrest charge and the city Prosecutor's office amends
the charge to a disorderly conduct minor misdemeanor.

Speaker 5 (07:27):
Yep, but we're going to charge the DCM for because
you watch the video. It's just it defies all logic,
it really does.

Speaker 3 (07:33):
Well, what of the I'm gonna I'm using the quote
signs with my fingers here, ken, what of the victim
in this particular case, Yes, it's on video, but is
that person going to be called in to testify or
otherwise comment on you know, the nature of the attack
which look to me like a similar to a pat
on the cheek or really wasn't a very violent hit?
I mean, does his testimony or his involvement going to

(07:55):
be necessary?

Speaker 2 (07:57):
I would suspect that he would invoke the Fifth Amendment
right considering and he's been indicted for filonious assault.

Speaker 4 (08:03):
Migravator riot.

Speaker 3 (08:04):
Yeah, that guy, and he's the one that was involved
in beating up on a whole bunch of people in
that fight.

Speaker 4 (08:11):
Yeah.

Speaker 3 (08:13):
Well, I appreciate your willingness to comment on this and
I'll strongly encourage my listeners to follow your group on Facebook,
Cincinnti FOP Queen City Lodge number sixty times sixty nine,
because you've had some really wonderful comments and observations about
this particular matter, which it ain't over until it's over.
But more on the Cincinnati Police Museum. We're in a pause.
We'll bring Ken Cover back to comment on that, because

(08:35):
apparently the Cincinni Museum Center doesn't have anything to do
whatsoever with the Cincinnti Police. Why well, because I guess
it's not woke or something more with Ken Cover, it's
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here fifty five KRC. Eat talk station very Happy Friday
eved here. By the time, I was enjoying the conversation
in spite of the subject matter with FOP President Ken
Cover represent the SINCINNT Police Department, Real quick Ken going

(10:01):
back to the four to three misdemeanor charges that were
filed against Parsi's law issue that was floating around out
there that they anyway. Local news revealed who he is
and he acknowledged that he has been charged. I asked
you about the victim and the victim statement. You said,
he probably won't utter a syllable because he's got all
these very serious charges penning against them for robbery and

(10:22):
beating the crap out of people, including mister Tchirvinsky. Isn't
this then a victimless crime if you have no victim
willing to stand up and testify that they were harmed
or heard or had you felt like they were being
assaulted eminent apprehension of body harm, whatever it happens to be.
Would I mean, I mean, I know you said this
never would have been prosecuted, no citation will have been

(10:43):
an issue, But doesn't that make it I mean, there's
no justiciable controversy here. If there's no victim, there's no crime.
I'm just kind of wondering about that. Your take on
my observations, Ken.

Speaker 2 (10:55):
No, you're absolutely right, you know, a disorderly conduct. To
believe by the RC, it's considered a crime of east
I believe it is. Where it's there is no actual victim,
the victim would be the public.

Speaker 4 (11:09):
Oh, in this scenario, it doesn't make any sense.

Speaker 1 (11:14):
No, it's just like I said, it's silly. It's silliness.

Speaker 3 (11:17):
I'm sure there's a good criminal criminal lawyer out there
who will probably end up getting it dismissed. We'll find out.
Keep your popcorn out on that one. This is clearly
not going away. Also not going away, hopefully the Cincinnt
Police Museum, Ken, I've been there and I think it's
an amazing exhibit or group of exhibits you put together.
The lease on the current space is expiring. I guess
next year. It's the running the Police Museum at least

(11:38):
as according to local reporting, it's about seven thousand dollars
a year. But you know, we have a storied history
with the CINCINNT Police Department, and it would be nice
to have a great location for it. What a better
location could there be than the Cincinnati Museum Center. It
seems consistent with museums. Hey, it's a museum. We'll put
it in with the other exhibits at the museum center.

(12:00):
But the museum center officials say no, it's not consistent
with their message. What do you make of this, Ken?
I know you've got a few comments floating around online
about this. You're obviously not happy, No, I.

Speaker 4 (12:10):
Mean it's disappointing.

Speaker 2 (12:11):
You have the the men and women that they're all volunteers,
that it may spend hundreds and hundreds of hours you're
putting together, you know, preserving the history of law enforcement
not only in Cincinnati but also for the Tri state area,
and it's disappointing to see you something as iconic as

(12:32):
a Cincinnati museum center, like, man, this isn't gonna work because,
I mean, I guess it's kind of their woke ideology
is why they don't want a police museum to be
part of of their their business. And it's it's crazy
to me. I mean, it's awesome. The Police Museum's awesome,

(12:52):
it really is.

Speaker 3 (12:53):
And you know, I love the museum center building, and
I like quite a few of the exhibits in there.
Reminds me of being a little kid and going to
the the Natural History Museum, so fond memories of the
exhibits they have. I think they do a nice job
over there. But this whole idea, and I saw the
statement that was issued by Jill Berkameyer, who's the chief
financial officer and Vice President of Administration of the Cincinna
Museum Center along with the Railroad Freedom Center. Our facilities

(13:17):
with the Union Terminal housing, the Children's Museum, and the
Holocaust and Humanity Center at Freedom Center focused on the
stories of the underground, railroad and social justice, serve audiences
that include young children and sensitive exhibits, and the presence
of firearms or certain artifacts associated with law enforcement would
not align with the environment and experiences we are committed
to providing. Oh, last time, when I saw the museum,

(13:39):
can I first have to observe it was not primarily
focused on or even have a predominant message about gunplay.

Speaker 1 (13:48):
But then there's a.

Speaker 3 (13:49):
Whole idea of the Holocaust itself. Children can go through
and see imagery of torture and death. They can understand
that millions of Jewish people were slaughtered by the Nazis
merely because because of their or their race, and they
can handle that. But they can't handle an exhibit honoring
the fallen police officers who died in the line of
duty protecting and serving the Cincinnati City.

Speaker 4 (14:12):
Yeah, it's nonsense.

Speaker 2 (14:14):
I mean, I can't believe that they had the audacity
to put something like that in writing.

Speaker 3 (14:19):
I know, I know, that's what's really troubling. Couldn't believe
what I was reading this morning, could not believe it.
And you gave this museum spokesperson a tour of the
uh or at least Lieutenant Kramer gave a tour of
the Sinsint Police Museum, got even got a let of appreciation.
Segue into sorry, you guys can't come to our museum
because of it highlights aspects of police history and ways

(14:43):
that don't complement the missions that you've got going on there. Nonsense,
and think about how twisted Ken is. And I'm on
a stream of consciousness there because I can't believe I'm
reading what I'm reading that their loke ideology does not
even embrace the constant of law enforcement. I mean, it's
a law enforcement is one of the pillars of our

(15:06):
society staying together. You know, you're the ones the arbiters
of us playing nicely together. We don't play nicely together.
We violate somebody else's space. You're gonna get called into
account for it. Without police, we don't have that. You
get chaos and violence and crime. Run them up in
the streets. That sound familiar, Ken we can't honor the
police department because well, it ain't left wing or something.

Speaker 4 (15:28):
Yeah.

Speaker 2 (15:28):
Well, you know it's ironic though that they have a
police detail. Every minute that they're open throughout the year.

Speaker 1 (15:39):
There are cops right there.

Speaker 4 (15:41):
Yeah. Yeah, I mean you can't make this stuff up there. Yeah,
they have a detail, cops with firearms.

Speaker 2 (15:46):
Yeah.

Speaker 3 (15:47):
Oh man, I can't stop that one.

Speaker 1 (15:53):
I can't top that one. Wow.

Speaker 3 (15:56):
Okay, any chance they're gonna change their mind? We have
public opinion. If there's a huge backlash from like my
listening audience and the rest of the people thinking no, no, no,
the Police Museum will be a wonderful edition to the
Museum Center.

Speaker 2 (16:09):
I mean, you would hope, so you'd hope that they
would they would reconsider. But I just at this point,
I just don't see it happening.

Speaker 3 (16:15):
Well I don't either, but we can all try light
them up. Tell them you're never gonna go to the
museum Center again unless they change their attitude. Ken Kober,
thank you for spending time with my listeners to me today,
and I appreciate all your online comments and stand on
top of these and of course we hear in the
fifty five care so you see a morning show, love
the police and appreciate what they're doing. So keep up
the great work. You always have a form here, Ken,

(16:36):
and I look forward to having.

Speaker 1 (16:37):
You on again.

Speaker 4 (16:39):
It's my pleasure. Thanks, Brian.

Speaker 3 (16:40):
Take care keep speaking truth to the idiots out there
running our city. Eight twenty five fifty five KR see
the talk station. My words, not his speaking of words.
We're gonna hear words from Jay Rattle. If I heard
media aviation expert, he'll be on next. Looking forward to that.
I hope you are too.

Speaker 1 (16:54):
Fifty five KRC