June 5, 2026 • 17 mins
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Speaker 1 (00:00):
Here at fifty five k rs DE talk station, very
Happy Friday teen. The phone lines are open. Sadly, Joe's
trying to get in touch with Todd McMurty, the attorney
for Sarah Herringer in her recently filed lawsuit on the
anniversary of the horrific stabbing of her husband in there
over the Rhine apartment, you know. And I've read and
followed Sarah Heringer's post on Facebook. She's very emotional, obviously,
(00:21):
she's dealing with the you know, the healing process and
really writes some very beautiful Facebook posts that the devastation
cannot be understated, but could it have been avoided? And
I had you know, thanks and I will give huge
props the camera night over the inquiry for breaking down.
He's read the lawsuit and broke it down into its
(00:42):
the facts and information that's in it, and they've got
some pretty horrific details in it is very concerning. And
so it was June twenty fourth, that's when Patrick Herning
was murdered, died in his wife's arms, Sarah Heringer. So
the lawsuit was just filed you just a couple of
days ago against the City of Cincinnati and the allegations
(01:02):
are the police department, and this is the concerning part,
for the most part, have an unwritten custom and practice
to under police, underinvestigate, and under report crime. And that
underreport crime becomes really important here in a moment, as
I found out, because we know, at least from anecdotal
evidence and from folks like Signal ninety nine, that police
(01:23):
are not I think they're under a mean perhaps an
unwritten policy to make the city look a little bit,
a little bit better. So if someone maybe is could
be charged with rape, perhaps they under categorize it and
maybe make it as simple assault or something. I'm just
throwing up a made up example in the lawsuit. It
ain't a made up example. So we got Mordisha Black,
(01:45):
the guy that charged with killing Patrick Harringer. He was
one at the time this lag. He had cut off
his ankle monitor while he was on a post release control.
I call that probation. Somebody to ankle monitor anyway. He
was convicted in twenty sixteen of Flonius assault. He beat
a man on Fountain Square. So let out in February
(02:06):
twenty twenty twenty five. While he has been after he
served whatever time he was told to serve and given
the ankle monitor. He cuts his ankle monitor off February
And after he cut off his ankle monitor, he left
the halfway house, so that at point that point in
time a warrant was issued for his arrest. Now in lawsuit,
(02:28):
they claimed the Cincinnati police failed to even look for
him despite his involvement in multiple crimes. Now you know,
and I wrote down, well, what obligation did the police
to have actually to go out and specifically look for
one human being in and among the hundreds, if not
thousands of potential people out there that have warrants out
or that are otherwise people wanting to find them. So
with that we find out exactly why. April sixth of
(02:53):
twenty five, two months before he murdered Patrick Heronder, mister
Mordisha Black's girlfriend reported that she had kicked him out
because he was living with her, but he then broke
back into her home and she feared for her life. Interesting.
Now here's where Cameron Knight summarized what's in the complaint.
The police who investigated minimized the seriousness of the system
(03:14):
of the situation by classifying the incident as a domestic
disturbance rather than a domestic violence incident, despite the physical
threats that were alleged to have happened. Now there's your
little red flag there, and let me pause for a moment.
To my friends on the Cincinnati Police Department, I am
not being critical of you. You know, I have your backs.
(03:37):
God love my sister for serving our community for twenty
five years. But I think this goes more to what
protocols and policies are in place, the directives given to
the police department. So pause on that note, or loon
moved back over now. The suit says that if they
had classified this offense as a domestic violence, it would
(03:57):
have been mandatory for the officers to go look for
Mordisha Black, and so that sort of addresses my prior
concern about, you know what obligation. You know, where are
we on the spectrum there. The officers also, according to
the cut to the complaint, failed to upgrade the record
system to reflect that Black was staying at that Vine
Street home with his girlfriend. That would have been nice,
(04:18):
since he isn't at the Halfway House anymore. Court of
lawsuit in quotes, CPD never attempted to serve Black at
the Vine Street address. They never even looked for him there.
They'll have to prove these allegations in court. Again, this
is a complaint, and sometimes the allegations in the complaint
aren't true, but these are quite disturbing, most notably given
how long this guy was out without his ankle monitor.
(04:40):
June third. June third, that would be the day before
the murder, an employee of Downtown Hotel called nine to
one to report that a man had been maceed and robbed.
The lawsuit states that that man was Mordisha Black. Officers
responded to that incident spoke with Mordisha Black, but he
(05:03):
gave a false name, and the other guy I apparently
said he didn't want to press charges. So I can
understand them maybe letting him go, but giving a false name.
I guess I'm wondering about identification. The responding officers a
claim in the complaint did not generate any official incident report,
did not verify mister Black's identity, did not run his
(05:23):
information through any law enforcement database, and did not investigate
the apparent felony offenses. Now, according to the reporting and
the complaint, they argue that this lack of action is
in direct violation of the Cincinnati Police Department's policy, which
requires officers to complete an accurate report for all complaints
of criminal activity quote, regardless of the victim's desire to prosecute. Now,
(05:49):
they claim had the responding officers verified his Black's identity,
a routine step required by the police part and policy,
they would have discovered Black's outstanding parole violation warrant. Again,
that's the allegation in the complaint. Mordisia Black would have
therefore been arrested on the night of June third, twenty
twenty five, and Patrick Herringer would not have been murdered
(06:11):
the following day. Now pivoting Over says the lawsuit states
have to have per vault. Mayor said in the aftermath
of mister Harringer's death that the city law enforcement should
have been notified immediately when this guy cut off his ankle. Monitor.
Lawsuit argues that law enforcement was in fact made aware
(06:33):
quote and then CIC warrant was entered for Black's arrest
was visible to officers on each of the three times
they interacted with Black between February and June of twenty
twenty five. According to the court documents, Sarah Harringer said
she met with then Chief three so So Thiji, who said
the police had no idea there was an arrest warrant
for Black. Quote. This statement cannot be true in the complaint,
(06:56):
as each interaction the police had with Black would have
resulted or revealed rather the outstanding NCIC warrant. The city
knowingly turned a blind eyed the nick NCICE warrants and
chose not to pursue the outstanding warrants. Well, let us pau.
You want to pause, Joe, just go ahead and do it.
I guess who is on the line, Todd McMurty, Welcome
(07:17):
to the fifty five KOSE Morning Show. I'm so pleased
Joe's able to get you on the line, and thank
you for your time in with my listeners today. I
was just going through the allegations as reported by camera
and Knight in the complaint, and I guess I get
it now, you know, from attorney's perspective. I was thinking, well,
isn't the city usually immune from liability and what level
of obligation did the police have. Let's talk about this, Todd,
thanks again for joining the show. The the obligation that
(07:39):
police had a duty to look for Mordisha Black can
you explain how we reached how you reach that conclusion
as a legend the complaint, sir.
Speaker 2 (07:47):
Yeah, well, thank you. I appreciate your having me on
your show. What we allege in the complaint is a
violation of the you know, United States Constitution, and that
is that as Americans, we all have the right to life, liberty,
and property. And when the as we a legend the complaint,
(08:09):
the city of Cincinnati has a custom and practice of
underreporting crime, and that that custom and practice led to
a situation where Patrick Herringer was murdered. And it's just
a it's it's a it's a what we call a
nineteen eighty three cause of action for violation of the
(08:33):
constitutional rights.
Speaker 1 (08:35):
Well, and that that that pattern that I just had
mentioned the idea that they had a domestic violence incident
or shunted like a domestic violence inc and then police
showed up because Mordisha Black's girlfriend reported that she had
to kick him out of the house, he broke him
back in, she feared for a life. They show up
and they classified it sort of as a lesser offense,
minimized it the seriousness of the situation by classifying it
(08:57):
as a domestic disturbance rather than domestic violence, despite the
physical threats. But had they gone with the upper charge,
the domestic violence, it would have been mandatory for them
to go look for him. They have a higher obligation
when you're dealing with a charge of violence, then.
Speaker 2 (09:14):
Correct, that's what we assert. I think that that is
a sound legal argument.
Speaker 1 (09:20):
Well, I'm reluctant to be critical of law enforcement. It's
tough enough being a law enforcement officer, and I am
in no way, shape or form a defund or rethink
the police department. My sister was a lifelong employee and
retired as a lieutenant after twenty five years of service
to this city. But is this less in your mind
about the police officers themselves, or more about the policies
behind the scenes, which might have instructed them to go
(09:43):
with lesser charges, which wouldn't obligate them to look after
the look for these bad guys.
Speaker 2 (09:48):
Yeah, it's definitely less about the police officers. And I
have spent a lot of my career as an attorney
actually representing police, and I know that they try very
hard to do a good job. I think that what
we have in Cincinnati, you know, which is in essence,
you know, become lawless in many ways as we have
(10:09):
a city that just doesn't care about enforcing the laws.
And that's what we assert in the complaint. You know,
we're like the city of Cincinnati through a custom and
practice routinely of under reports and under polices and does
not care about, you know, enforcing the law in the
(10:30):
in the city Cincinnati, or following their own rules and regulations.
So I really see this as a you know, a
leadership situation. You know, the leadership in the Cincinnati Police
has been you know lacking, and that's the real cause
of the situation.
Speaker 1 (10:46):
Well, the other component of this, and this is just
I think it was mind blowing for most everyone who
was paying attention to the circumstances about his ankle monitor
being cut off. I mean, I think most people like
me in the world think this technology is real time
and that, oh my god, if someone cuts off his
ankle monitor or her that some alarm goes off and
there's that room full of computers and cameras and this
(11:08):
immediate lart and we got to get all points bolting out.
This guy's on the loose, he's a dangerous criminal to
spending time in prison. Is supposed to have that thing on.
It seems that absolutely nothing was done. Your your comments
about that, and is there any sort of allegations in
the lawsuit that are directed to that failure?
Speaker 2 (11:27):
Yeah, I mean I think we talk about that and
the complaint or you know, the complaint speaks to that issue,
and that is the idea that this is an n
c I S warrant. Right, So it's a when when
you're a police officer and you punch in the name,
you know, Joe Smith, and there's an nc IC warrant
for Joe Smith, your your your screen starts flashing red.
(11:50):
I mean it's like arrest Joe Smith immediately, right that.
That's what happens when these when these n c IC
warrants are seen by police. And we know, I'm unless
the individual police officers didn't bother to even use their
computers to check into the situation, which would be consistent
with the under policing and under reporting allegations of the
(12:13):
complaint if they didn't. If they did that, they would
see a flashing red screen with an NCIC warrant for
this person to show up. And you know, I think
that's just vital. I mean, people need to understand that
when you go to Cincinnati under the Chief Fiji, under
her leadership, when you go to Cincinnati and she was
(12:35):
the leader of the police department, the police are barely
doing their jobs. I mean, that's just the fact of
the matter, Okay.
Speaker 1 (12:42):
And the other perhaps failure again, just the their allegations
and a complaint. I have tremendous amount of respect for you, sir,
and I have met and have interviewed Sarah. What a beautiful,
wonderful lady, and so just an amazing thing she had
to live through, just so horrific. So just a little
delicacy I'm trying to put on this question the interaction
with the guy who got maceed. The guy was mased
(13:07):
and robbed in downtown. Apparently Mordisha Black's a guy behind it.
He didn't identify himself, gave the police officers a false name.
The nope charges. Nobody wanted to press charges. I guess
this guy didn't. But as you point out in the complaint,
the police are supposed to complete an accurate report of
all complaints of criminal activity, whether or not the victim
wants to prosecute. That was one more opportunity for them
(13:30):
to run his name through a database, had they pressed
him on his identity so they could complete the report
and be alerted to this NCIC issue, right, I.
Speaker 2 (13:40):
Mean, it's shocking, right. You would expect that the Cincinnati
Police under competent leadership would do the basic fundamentals of policing.
And had they done the basic fundamentals of policing, mister
Black would have been arrested before he killed Patrick Herringer.
(14:01):
You know, I mean, a brutal, brutal murder could have
been prevented if they just did their jobs. But you know,
the leadership under Fiji was so poor that they didn't
do their jobs.
Speaker 1 (14:13):
Well and interested to I pray to God, you at
least get to the discovery phase. I'm certain you'll be
met with emotion to dismiss for fair to state a
claim or something along those lines, which is typical in
this type of litigation. But if you get past that,
you get to do discovery, and that's where you'll find
out whether or not this unwritten custom and practice to
under police which you alegend the complaint maybe have been
(14:35):
written behind the scenes, or the depositions might reveal that yes,
it's unwritten, but that was in fact the policy.
Speaker 2 (14:42):
Right. I've spoken with people, you know, formerly in leadership
in the Cincinnati Police Department who tell me that this
is actually true. So I didn't just make these things up.
I mean, these are actual investigative findings about how this
Cincinnati Police Department, especially under the leadership of Chief Fiji, operated,
(15:06):
and it was just it was not incompetence. It was
just we don't care, I mean, and you can see
that so clearly when they encounter black at the Higher
Regency downtown. The guy that twelve hours later is going
to murder a decorated Army veteran, right, two Bronze Stars
(15:26):
served in Iraq and Afghanistan. You know, a business owner
of a leader in the community was murdered just twelve
hours after this encounter because they didn't do their job.
I mean, it's absolutely crazy and absurd, and these are
problems that can be corrected, and the people in Cincinnati
deserve to have actual leadership, you know, actual policing actually
(15:51):
doing their jobs. Well.
Speaker 1 (15:53):
I do know that the Hio legislators have the Sarah
Heringer at before them, which will hopefully aid in us
tracking these violent offenders after their release. That's a fingers
crossed on that that as to the ankle monitoring before
we part company. Right now today, Todd mcmurtin, is a
pleasure to have you on. Are you suing the county?
(16:13):
Joe reminded me that the county is in charge of
ankle monitoring? I guess, so is there a separate allegation
related to the county on that?
Speaker 2 (16:20):
No, I mean the Adult Probation and Parole, which is
a state agency in the county, you know, is involved
in that as well. They did their jobs, They did
what they were supposed to do. They issued the NCIIC
warrant of City Cincinnati just ignored it because they under
report and under police as a custom and practice.
Speaker 1 (16:42):
All right, So they have to answer otherwise, plead you're
expecting emotion to dismiss? How quickly will there be if
you had to guess? I understand the wheels of justice
having practice law for eighteen years, my friend, So when
do you think we're going to get another opportunity to
talk about developments in the lawsuit?
Speaker 2 (16:58):
Well, I assume they'll generally about sixty days to file
their motion to dismiss. It's a very interesting constitutional question.
I brought the complaint in good faith under you know,
applicable rules sure regarding good faith bleedings, and so I
assume that the federal courts will be hearing this in
you know, sixty to one hundred and twenty days.
Speaker 1 (17:20):
Mc murty. You always have a welcome spot here in
the fifty five Carcy Morning sh to talk about this,
and I will wish you luck because we all want
to get to the bottom of it and we never
want something like this to happen again to anyone I know.
To thank you good luck man,
Here at fifty five k rs DE talk station, very
Happy Friday teen. The phone lines are open. Sadly, Joe's
trying to get in touch with Todd McMurty, the attorney
for Sarah Herringer in her recently filed lawsuit on the
anniversary of the horrific stabbing of her husband in there
over the Rhine apartment, you know. And I've read and
followed Sarah Heringer's post on Facebook. She's very emotional, obviously,
(00:21):
she's dealing with the you know, the healing process and
really writes some very beautiful Facebook posts that the devastation
cannot be understated, but could it have been avoided? And
I had you know, thanks and I will give huge
props the camera night over the inquiry for breaking down.
He's read the lawsuit and broke it down into its
(00:42):
the facts and information that's in it, and they've got
some pretty horrific details in it is very concerning. And
so it was June twenty fourth, that's when Patrick Herning
was murdered, died in his wife's arms, Sarah Heringer. So
the lawsuit was just filed you just a couple of
days ago against the City of Cincinnati and the allegations
(01:02):
are the police department, and this is the concerning part,
for the most part, have an unwritten custom and practice
to under police, underinvestigate, and under report crime. And that
underreport crime becomes really important here in a moment, as
I found out, because we know, at least from anecdotal
evidence and from folks like Signal ninety nine, that police
(01:23):
are not I think they're under a mean perhaps an
unwritten policy to make the city look a little bit,
a little bit better. So if someone maybe is could
be charged with rape, perhaps they under categorize it and
maybe make it as simple assault or something. I'm just
throwing up a made up example in the lawsuit. It
ain't a made up example. So we got Mordisha Black,
(01:45):
the guy that charged with killing Patrick Harringer. He was
one at the time this lag. He had cut off
his ankle monitor while he was on a post release control.
I call that probation. Somebody to ankle monitor anyway. He
was convicted in twenty sixteen of Flonius assault. He beat
a man on Fountain Square. So let out in February
(02:06):
twenty twenty twenty five. While he has been after he
served whatever time he was told to serve and given
the ankle monitor. He cuts his ankle monitor off February
And after he cut off his ankle monitor, he left
the halfway house, so that at point that point in
time a warrant was issued for his arrest. Now in lawsuit,
(02:28):
they claimed the Cincinnati police failed to even look for
him despite his involvement in multiple crimes. Now you know,
and I wrote down, well, what obligation did the police
to have actually to go out and specifically look for
one human being in and among the hundreds, if not
thousands of potential people out there that have warrants out
or that are otherwise people wanting to find them. So
with that we find out exactly why. April sixth of
(02:53):
twenty five, two months before he murdered Patrick Heronder, mister
Mordisha Black's girlfriend reported that she had kicked him out
because he was living with her, but he then broke
back into her home and she feared for her life. Interesting.
Now here's where Cameron Knight summarized what's in the complaint.
The police who investigated minimized the seriousness of the system
(03:14):
of the situation by classifying the incident as a domestic
disturbance rather than a domestic violence incident, despite the physical
threats that were alleged to have happened. Now there's your
little red flag there, and let me pause for a moment.
To my friends on the Cincinnati Police Department, I am
not being critical of you. You know, I have your backs.
(03:37):
God love my sister for serving our community for twenty
five years. But I think this goes more to what
protocols and policies are in place, the directives given to
the police department. So pause on that note, or loon
moved back over now. The suit says that if they
had classified this offense as a domestic violence, it would
(03:57):
have been mandatory for the officers to go look for
Mordisha Black, and so that sort of addresses my prior
concern about, you know what obligation. You know, where are
we on the spectrum there. The officers also, according to
the cut to the complaint, failed to upgrade the record
system to reflect that Black was staying at that Vine
Street home with his girlfriend. That would have been nice,
(04:18):
since he isn't at the Halfway House anymore. Court of
lawsuit in quotes, CPD never attempted to serve Black at
the Vine Street address. They never even looked for him there.
They'll have to prove these allegations in court. Again, this
is a complaint, and sometimes the allegations in the complaint
aren't true, but these are quite disturbing, most notably given
how long this guy was out without his ankle monitor.
(04:40):
June third. June third, that would be the day before
the murder, an employee of Downtown Hotel called nine to
one to report that a man had been maceed and robbed.
The lawsuit states that that man was Mordisha Black. Officers
responded to that incident spoke with Mordisha Black, but he
(05:03):
gave a false name, and the other guy I apparently
said he didn't want to press charges. So I can
understand them maybe letting him go, but giving a false name.
I guess I'm wondering about identification. The responding officers a
claim in the complaint did not generate any official incident report,
did not verify mister Black's identity, did not run his
(05:23):
information through any law enforcement database, and did not investigate
the apparent felony offenses. Now, according to the reporting and
the complaint, they argue that this lack of action is
in direct violation of the Cincinnati Police Department's policy, which
requires officers to complete an accurate report for all complaints
of criminal activity quote, regardless of the victim's desire to prosecute. Now,
(05:49):
they claim had the responding officers verified his Black's identity,
a routine step required by the police part and policy,
they would have discovered Black's outstanding parole violation warrant. Again,
that's the allegation in the complaint. Mordisia Black would have
therefore been arrested on the night of June third, twenty
twenty five, and Patrick Herringer would not have been murdered
(06:11):
the following day. Now pivoting Over says the lawsuit states
have to have per vault. Mayor said in the aftermath
of mister Harringer's death that the city law enforcement should
have been notified immediately when this guy cut off his ankle. Monitor.
Lawsuit argues that law enforcement was in fact made aware
(06:33):
quote and then CIC warrant was entered for Black's arrest
was visible to officers on each of the three times
they interacted with Black between February and June of twenty
twenty five. According to the court documents, Sarah Harringer said
she met with then Chief three so So Thiji, who said
the police had no idea there was an arrest warrant
for Black. Quote. This statement cannot be true in the complaint,
(06:56):
as each interaction the police had with Black would have
resulted or revealed rather the outstanding NCIC warrant. The city
knowingly turned a blind eyed the nick NCICE warrants and
chose not to pursue the outstanding warrants. Well, let us pau.
You want to pause, Joe, just go ahead and do it.
I guess who is on the line, Todd McMurty, Welcome
(07:17):
to the fifty five KOSE Morning Show. I'm so pleased
Joe's able to get you on the line, and thank
you for your time in with my listeners today. I
was just going through the allegations as reported by camera
and Knight in the complaint, and I guess I get
it now, you know, from attorney's perspective. I was thinking, well,
isn't the city usually immune from liability and what level
of obligation did the police have. Let's talk about this, Todd,
thanks again for joining the show. The the obligation that
(07:39):
police had a duty to look for Mordisha Black can
you explain how we reached how you reach that conclusion
as a legend the complaint, sir.
Speaker 2 (07:47):
Yeah, well, thank you. I appreciate your having me on
your show. What we allege in the complaint is a
violation of the you know, United States Constitution, and that
is that as Americans, we all have the right to life, liberty,
and property. And when the as we a legend the complaint,
(08:09):
the city of Cincinnati has a custom and practice of
underreporting crime, and that that custom and practice led to
a situation where Patrick Herringer was murdered. And it's just
a it's it's a it's a what we call a
nineteen eighty three cause of action for violation of the
(08:33):
constitutional rights.
Speaker 1 (08:35):
Well, and that that that pattern that I just had
mentioned the idea that they had a domestic violence incident
or shunted like a domestic violence inc and then police
showed up because Mordisha Black's girlfriend reported that she had
to kick him out of the house, he broke him
back in, she feared for a life. They show up
and they classified it sort of as a lesser offense,
minimized it the seriousness of the situation by classifying it
(08:57):
as a domestic disturbance rather than domestic violence, despite the
physical threats. But had they gone with the upper charge,
the domestic violence, it would have been mandatory for them
to go look for him. They have a higher obligation
when you're dealing with a charge of violence, then.
Speaker 2 (09:14):
Correct, that's what we assert. I think that that is
a sound legal argument.
Speaker 1 (09:20):
Well, I'm reluctant to be critical of law enforcement. It's
tough enough being a law enforcement officer, and I am
in no way, shape or form a defund or rethink
the police department. My sister was a lifelong employee and
retired as a lieutenant after twenty five years of service
to this city. But is this less in your mind
about the police officers themselves, or more about the policies
behind the scenes, which might have instructed them to go
(09:43):
with lesser charges, which wouldn't obligate them to look after
the look for these bad guys.
Speaker 2 (09:48):
Yeah, it's definitely less about the police officers. And I
have spent a lot of my career as an attorney
actually representing police, and I know that they try very
hard to do a good job. I think that what
we have in Cincinnati, you know, which is in essence,
you know, become lawless in many ways as we have
(10:09):
a city that just doesn't care about enforcing the laws.
And that's what we assert in the complaint. You know,
we're like the city of Cincinnati through a custom and
practice routinely of under reports and under polices and does
not care about, you know, enforcing the law in the
(10:30):
in the city Cincinnati, or following their own rules and regulations.
So I really see this as a you know, a
leadership situation. You know, the leadership in the Cincinnati Police
has been you know lacking, and that's the real cause
of the situation.
Speaker 1 (10:46):
Well, the other component of this, and this is just
I think it was mind blowing for most everyone who
was paying attention to the circumstances about his ankle monitor
being cut off. I mean, I think most people like
me in the world think this technology is real time
and that, oh my god, if someone cuts off his
ankle monitor or her that some alarm goes off and
there's that room full of computers and cameras and this
(11:08):
immediate lart and we got to get all points bolting out.
This guy's on the loose, he's a dangerous criminal to
spending time in prison. Is supposed to have that thing on.
It seems that absolutely nothing was done. Your your comments
about that, and is there any sort of allegations in
the lawsuit that are directed to that failure?
Speaker 2 (11:27):
Yeah, I mean I think we talk about that and
the complaint or you know, the complaint speaks to that issue,
and that is the idea that this is an n
c I S warrant. Right, So it's a when when
you're a police officer and you punch in the name,
you know, Joe Smith, and there's an nc IC warrant
for Joe Smith, your your your screen starts flashing red.
(11:50):
I mean it's like arrest Joe Smith immediately, right that.
That's what happens when these when these n c IC
warrants are seen by police. And we know, I'm unless
the individual police officers didn't bother to even use their
computers to check into the situation, which would be consistent
with the under policing and under reporting allegations of the
(12:13):
complaint if they didn't. If they did that, they would
see a flashing red screen with an NCIC warrant for
this person to show up. And you know, I think
that's just vital. I mean, people need to understand that
when you go to Cincinnati under the Chief Fiji, under
her leadership, when you go to Cincinnati and she was
(12:35):
the leader of the police department, the police are barely
doing their jobs. I mean, that's just the fact of
the matter, Okay.
Speaker 1 (12:42):
And the other perhaps failure again, just the their allegations
and a complaint. I have tremendous amount of respect for you, sir,
and I have met and have interviewed Sarah. What a beautiful,
wonderful lady, and so just an amazing thing she had
to live through, just so horrific. So just a little
delicacy I'm trying to put on this question the interaction
with the guy who got maceed. The guy was mased
(13:07):
and robbed in downtown. Apparently Mordisha Black's a guy behind it.
He didn't identify himself, gave the police officers a false name.
The nope charges. Nobody wanted to press charges. I guess
this guy didn't. But as you point out in the complaint,
the police are supposed to complete an accurate report of
all complaints of criminal activity, whether or not the victim
wants to prosecute. That was one more opportunity for them
(13:30):
to run his name through a database, had they pressed
him on his identity so they could complete the report
and be alerted to this NCIC issue, right, I.
Speaker 2 (13:40):
Mean, it's shocking, right. You would expect that the Cincinnati
Police under competent leadership would do the basic fundamentals of policing.
And had they done the basic fundamentals of policing, mister
Black would have been arrested before he killed Patrick Herringer.
(14:01):
You know, I mean, a brutal, brutal murder could have
been prevented if they just did their jobs. But you know,
the leadership under Fiji was so poor that they didn't
do their jobs.
Speaker 1 (14:13):
Well and interested to I pray to God, you at
least get to the discovery phase. I'm certain you'll be
met with emotion to dismiss for fair to state a
claim or something along those lines, which is typical in
this type of litigation. But if you get past that,
you get to do discovery, and that's where you'll find
out whether or not this unwritten custom and practice to
under police which you alegend the complaint maybe have been
(14:35):
written behind the scenes, or the depositions might reveal that yes,
it's unwritten, but that was in fact the policy.
Speaker 2 (14:42):
Right. I've spoken with people, you know, formerly in leadership
in the Cincinnati Police Department who tell me that this
is actually true. So I didn't just make these things up.
I mean, these are actual investigative findings about how this
Cincinnati Police Department, especially under the leadership of Chief Fiji, operated,
(15:06):
and it was just it was not incompetence. It was
just we don't care, I mean, and you can see
that so clearly when they encounter black at the Higher
Regency downtown. The guy that twelve hours later is going
to murder a decorated Army veteran, right, two Bronze Stars
(15:26):
served in Iraq and Afghanistan. You know, a business owner
of a leader in the community was murdered just twelve
hours after this encounter because they didn't do their job.
I mean, it's absolutely crazy and absurd, and these are
problems that can be corrected, and the people in Cincinnati
deserve to have actual leadership, you know, actual policing actually
(15:51):
doing their jobs. Well.
Speaker 1 (15:53):
I do know that the Hio legislators have the Sarah
Heringer at before them, which will hopefully aid in us
tracking these violent offenders after their release. That's a fingers
crossed on that that as to the ankle monitoring before
we part company. Right now today, Todd mcmurtin, is a
pleasure to have you on. Are you suing the county?
(16:13):
Joe reminded me that the county is in charge of
ankle monitoring? I guess, so is there a separate allegation
related to the county on that?
Speaker 2 (16:20):
No, I mean the Adult Probation and Parole, which is
a state agency in the county, you know, is involved
in that as well. They did their jobs, They did
what they were supposed to do. They issued the NCIIC
warrant of City Cincinnati just ignored it because they under
report and under police as a custom and practice.
Speaker 1 (16:42):
All right, So they have to answer otherwise, plead you're
expecting emotion to dismiss? How quickly will there be if
you had to guess? I understand the wheels of justice
having practice law for eighteen years, my friend, So when
do you think we're going to get another opportunity to
talk about developments in the lawsuit?
Speaker 2 (16:58):
Well, I assume they'll generally about sixty days to file
their motion to dismiss. It's a very interesting constitutional question.
I brought the complaint in good faith under you know,
applicable rules sure regarding good faith bleedings, and so I
assume that the federal courts will be hearing this in
you know, sixty to one hundred and twenty days.
Speaker 1 (17:20):
Mc murty. You always have a welcome spot here in
the fifty five Carcy Morning sh to talk about this,
and I will wish you luck because we all want
to get to the bottom of it and we never
want something like this to happen again to anyone I know.
To thank you good luck man,
Brian Thomas News
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