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Speaker 1: Bill cunning in the Great American Welcome the tencaft woman.

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Speaker 1: The Tri State Reds Baseball kicks off about five forty

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Speaker 1: tonight with the Pirates in town one last night, two

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Speaker 1: zip exciting game. But this morning, at ten o'clock in

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Speaker 1: the Hamilty County Municipal Court, a state preceding occurred in

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Speaker 1: which the City of Cincinnati, in the matter of city

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Speaker 1: versus Alex Shavinsky, decided to dismiss all charges. Joining you

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Speaker 1: and I now as the attorney for the victim who

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Speaker 1: was the defendant in this case, Doug Shavinsky is. Doug

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Speaker 1: Brannon of Dayton, Ohio, is on his way back home

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Speaker 1: up the Hochi men trail from this morning and Doug Brandon,

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Speaker 1: welcome again of the Bill Cunningham Show. So can you

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Speaker 1: first tell the American people what happened this morning in

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Speaker 1: Hamony County Municipal Court with your client, you know, Bill.

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Speaker 2: The state claimed that they did not have witnesses to

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Speaker 2: proceed today. However, there were two detectives there and the

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Speaker 2: chief police for Cincinnati, Chief Inni was president in the

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Speaker 2: courtroom as well, all of which could have testified. So

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Speaker 2: I think the right thing happened. They finally decided to

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Speaker 2: dismiss these charges, or the judge did when the prosecutor

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Speaker 2: said that they couldn't move forward.

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Speaker 3: At that point, it was it dismissed with or without prejudice,

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Speaker 3: you know.

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Speaker 4: Because the judge it was technically.

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Speaker 2: The judge that dismissed once the prosecutors stated that they

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Speaker 2: couldn't go forward. I believe it's going to be a

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Speaker 2: dismissal without prejudice.

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Speaker 5: But we've not seen the jury.

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Speaker 3: From the court yet, so that's critical to you because

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Speaker 3: you know what this brought up again, So it's up

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Speaker 3: to the judge that actually signed the order, and you're

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Speaker 3: uncertain at this point if it's with or without. But

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Speaker 3: if it's not with prejudice, you're going to screen bloody murder.

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Speaker 2: If they try and bring these charges again, Bill, they're

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Speaker 2: going to have the same problem with the case that

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Speaker 2: they had to begin with, which is there are no

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Speaker 2: facts to support the criminal charges against Alex when he

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Speaker 2: was acting in self defense the entire time.

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Speaker 5: On July twenty sixth.

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Speaker 3: On July twenty sixth, Kip Guyin, an assistant county prosecutor

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Speaker 3: working with Connie Pillage, said more or less a few

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Speaker 3: weeks later that he is reviewed all the videotapes, and

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Speaker 3: then Alex Shravinsky was not the instigator. In fact, he

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Speaker 3: was responding to being hit first by some of the

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Speaker 3: criminal defendants, since that information was in the record. In

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Speaker 3: your discussions with the city prosecutor's office, did they tell

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Speaker 3: you why they brought the charge even though the County

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Speaker 3: prosecutor's office said it can't happen.

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Speaker 2: At no time did the city prosecutor ever try and

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Speaker 2: explain their case or state why they brought the charges

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Speaker 2: or really who was really instrumental in.

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Speaker 5: The charges being brought. However, at this point, you know

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Speaker 5: you brought up Kip. All of the victims in.

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Speaker 2: This case are looking forward to seeing the real criminals

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Speaker 2: in this case prosecuted and those prosecutions moving forward. They

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Speaker 2: are working with Kip, and Kip has been working diligently

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Speaker 2: proceeding with that prosecution, and we expect him to be

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Speaker 2: convicted of these assault and theft charges.

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Speaker 3: And so essentially, your client, Alex Savinski, is going to

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Speaker 3: be a witness in the matters involving the real criminal defenders,

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Speaker 3: including a character named Jermaine Matthews, who the city was

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Speaker 3: claiming out of New now this go back in time

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Speaker 3: a little bit. The city held a news conference in

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Speaker 3: which city officials, that is, the vice mayor lemon Kearney

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Speaker 3: and also Johnson, one of the council members, both said

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Speaker 3: that they were demanding that criminal charges be filed against

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Speaker 3: a white person involved in this case. So, Scottie Johnson

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Speaker 3: is a former cop, he spent twenty five years as

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Speaker 3: a cop. And then also the vice mayor, under the

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Speaker 3: authority of state law, demanded that one of their employees,

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Speaker 3: the city prosecutor, paid for by the city manager and

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Speaker 3: city council demanded that the prosecutor's office in the city

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Speaker 3: filed these charges because of the color of one's skin.

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Speaker 3: As an attorney in civil rights, what does that arise

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Speaker 3: in your mind?

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Speaker 5: Bill? Everybody knows that that's wrong.

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Speaker 2: You don't need to be an attorney to know that

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Speaker 2: you can't manipulate the criminal justice system to bring criminal

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Speaker 2: chargers against somebody based upon race or with a racial motivation.

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Speaker 2: Everything needs to be brought on its merits, on the

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Speaker 2: facts and the evidence in every case. And in this case,

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Speaker 2: they ignored the clear evidence in facts of what self

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Speaker 2: defense was versus what the actual crimes were being committed

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Speaker 2: and Jermaine Matthews, if they tried to identify as the

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Speaker 2: victim in this case, he could have come in and

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Speaker 2: testify today. I would have loved the question on the

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Speaker 2: witness stand. They didn't bring him in, They didn't bring

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Speaker 2: in any other witnesses. The police were there to testify.

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Speaker 5: They could have played the.

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Speaker 2: Videos about what happened, the full videos, not.

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Speaker 5: Just little snippets where they've edited out.

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Speaker 2: What they think is going to be a good news

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Speaker 2: bit for them. But the real evidence shows that no

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Speaker 2: crime was committed by Alex, and that the real people

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Speaker 2: that committed the crimes here are now under prosecution kit

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Speaker 2: the county prose here. He's proceeding for with that prosecution,

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Speaker 2: and you know, I've had several discussions with him, and

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Speaker 2: I think he's going to work very hard to bring

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Speaker 2: these people to justice.

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Speaker 3: Doug Brannon, the attorney for Alex Stravinsky, I had on

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Speaker 3: Ken Cover months and months ago to talk about this.

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Speaker 3: He represents the FOP, and he said that the two

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Speaker 3: detectives actually investigating the case, who talked to their witnesses,

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Speaker 3: saw whatever forensic evidence was available and looked at all

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Speaker 3: the video and had connection to all the cases and investigation,

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Speaker 3: those two detectives in the city said charges should not

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Speaker 3: be filed. Is that your understanding that the city police

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Speaker 3: recommended no charges?

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Speaker 2: You know, bell I have personally spoken with both of

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Speaker 2: these detectives, and first I like to state, these are

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Speaker 2: two guys that worked really hard at doing their job

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Speaker 2: and analyzing all the evidence.

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Speaker 5: They went, pulled security videos.

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Speaker 2: Off several businesses, compiled these videos and looked very carefully

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Speaker 2: at it, and once they had an opportunity to review

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Speaker 2: all the evidence, it is my understanding that they did

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Speaker 2: not want to seek any criminal charges against Alex Kravinsky

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Speaker 2: or any of the other victims that day. So, you know,

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Speaker 2: these are people that are trained to look.

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Speaker 4: At the facts, the evidence and make.

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Speaker 2: Recommendations for the charges, But the detectives themselves don't necessarily

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Speaker 2: determine that it.

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Speaker 5: Usually it's on the.

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Speaker 2: Prosecutor level and if they have a question, they go

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Speaker 2: talk to the prosecutor about it.

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Speaker 5: In this case, we believe that.

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Speaker 4: The system was manipulated by the city administration to bring.

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Speaker 5: These charges against Alex for what reasons.

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Speaker 2: Well, I think we've already touched on this. It was

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Speaker 2: based on the color of the skin and the outcry

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Speaker 2: of some people in the black community that weren't happy

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Speaker 2: that somehow people of color weren't fault for this incident,

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Speaker 2: when after a review of the queer video evidence it was.

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Speaker 5: A racially motivated beat down of Alex and his friends

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Speaker 5: that day.

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Speaker 3: As far as July twenty sixth, there was a clear

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Speaker 3: and convincing evidence that the assault was instigated by Germaine

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Speaker 3: and other of the criminal defendants, and at the maybe

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Speaker 3: at the time city council held its news conference, they

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Speaker 3: did not have access to that information. Maybe they did,

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Speaker 3: I don't know. But one thing we do know is

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Speaker 3: that the two detective said no, we're not going to proceed,

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Speaker 3: and then there was an order from somebody. Was now

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Speaker 3: Adam Henny was it? The acting chief who was that

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Speaker 3: point was simply a captain who actually said, I'm overruling

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Speaker 3: the detectives who did the investigation, and I went to

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Speaker 3: charges filed against somebody because of the color of their skin.

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Speaker 6: You know, the person that did that.

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Speaker 5: Well, and that that was going to be a great

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Speaker 5: question for me to.

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Speaker 4: Ask today if Chief An he would have been able

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Speaker 4: to take the witness stand.

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Speaker 2: You know, obviously he was there de poented by the

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Speaker 2: city actually, and they refused.

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Speaker 5: To put him on the.

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Speaker 4: Stand knowing that those kinds of questions.

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Speaker 5: Would be asked.

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Speaker 2: And who that was that that threatened the detectives or

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Speaker 2: gave the order from the city administration bill You know,

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Speaker 2: I can't say that with any certainty.

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Speaker 4: At this point, but I think as this case.

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Speaker 2: Develops farther through the criminal prosecutions and or subsequent civil action,

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Speaker 2: you know, those are going to be questions that are

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Speaker 2: going to get answered to a deposition or through court testimony.

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Speaker 6: How is your client.

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Speaker 5: We've seemed to end to this case yet.

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Speaker 3: Oh no, how's your client physically feeling? I had on

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Speaker 3: Holly a couple of weeks ago. She still has terrible

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Speaker 3: headaches and other difficulties because of the assault. How's your

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Speaker 3: client doing physically?

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Speaker 2: You know, I can say physically he's doing better, you know,

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Speaker 2: mentally with what he's had to endure. It's certainly had

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Speaker 2: an impact on him his life and with his family.

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Speaker 2: You know, where something like that occurs, it makes people

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Speaker 2: afraid to go out in public and enjoy gatherings, community events, things.

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Speaker 5: Of that nature.

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Speaker 2: And then when you see something else in portion unfold

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Speaker 2: like what happened on opening day at the Cincinnati Reds Stadium.

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Speaker 2: You know, it's these things Cincinnati has to get under control.

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Speaker 2: It is not a safe place for people to.

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Speaker 5: Bring their families at this point.

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Speaker 2: And by prosecuting people like Alex who just look to

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Speaker 2: defend themselves and stick up from themselves, nobody wants to

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Speaker 2: come down there and be victimized twice.

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Speaker 4: So the city needs.

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Speaker 2: To take a real hard look at what they're doing

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Speaker 2: and making these choices.

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Speaker 3: Well, there was some testimony that Alex or some of

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Speaker 3: the others heard comments such as, you don't belong here,

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Speaker 3: an implicit reference to their race during the Jazz Festival,

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Speaker 3: the Music Festival July twenty sixth, you don't belong here.

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Speaker 3: On Fourth and Elm. You don't belong here. I would

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Speaker 3: have to think it's because of the color of your skin.

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Speaker 3: One other troubling aspect to talk about a social issue,

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Speaker 3: Chief Fiji would not file criminal charges. Her name is

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Speaker 3: not on this thing. It is Adam Henny and a

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Speaker 3: little bit of conspiratorial thinking. The Chief Thiji is gone.

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Speaker 3: She's going to be paid millions of dollars at some

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Speaker 3: point for a wrongful discharge. But the guy who actually

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Speaker 3: filed the charges. Now the interim police chief, Adam Henny,

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Speaker 3: is the guy that was promoted after he.

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Speaker 6: Filed the charge. Well, are those two events really well?

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Speaker 2: You know, I think that the removal of the prior

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Speaker 2: chief was probably needed to happen. You know, the question becomes,

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Speaker 2: how is an event like this allowed to occur in

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Speaker 2: the first place? There was a large gathering of people downtown.

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Speaker 2: She didn't have the quarter properly staffed with the police

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Speaker 2: presence to Detney type of criminal activity. You know, where

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Speaker 2: was the where was the command's staff and where were

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Speaker 2: the orders of her trying to put adequate numbers of

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Speaker 2: police officers on the street to ensure the safety of

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Speaker 2: the citizens of the city and the people that were

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Speaker 2: down there for good lawful purposes, just to enjoy themselves.

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Speaker 3: It happened about three am in the morning during the

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Speaker 3: music festival. What lies ahead? I know you're a great

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Speaker 3: lawyer when it comes to civil rights actions in Dayton,

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Speaker 3: which is the southern district of Ohio. And by the way,

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Speaker 3: on the sideline about a week ago ahead on the

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Speaker 3: new US Attorney Dominic ju Race. And in the past

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Speaker 3: when democrats in the South who held power in office

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Speaker 3: demanded that black people be charged with crimes that was

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Speaker 3: perceived as a criminal violation as well as a civil violation.

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Speaker 3: And when I asked Dominic Jerrace, the US Attorney, whether

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Speaker 3: the Vice Mayor lemon Kearney and Scottie Johnson and others

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Speaker 3: might be criminally charged using under color of state law

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Speaker 3: their power to criminally charge someone based upon race, DOMINICQ

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Speaker 3: Jerrayce kind of gave a non answer answer. It wasn't

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Speaker 3: an answer, and he didn't really answer the question. And

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Speaker 3: so when Democrats in the South used the power of

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Speaker 3: their office to criminally charge people based upon race, the

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Speaker 3: FEDS came in and said, enough is enough. We're going

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Speaker 3: to take the cases away and charge criminally those who

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Speaker 3: commit acts against someone because of race. Would you before

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Speaker 3: we talked to the civil aspect, which is nineteen forty

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Speaker 3: two USC. Nineteen eighty three Action Civilly, do you anticipate

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Speaker 3: or have you had discussions with US Attorney's officer about

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Speaker 3: criminally charging the Vice Mayor lemon Kearney and also Scotty

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Speaker 3: Johnson for what they did.

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Speaker 2: Well, I think anytime somebody manipulates the criminal justice system

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Speaker 2: to suit political purposes, especially based upon race, that can

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Speaker 2: certainly lead.

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Speaker 4: To a criminal prosecution.

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Speaker 5: I'm not a prosecutor. I'm not a state's attorney, you know, or.

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Speaker 2: A federal prosecutor, so it's not my decision to make.

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Speaker 2: But certainly that.

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Speaker 5: Motivation to anybody that manipulates the.

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Speaker 4: Criminal justice system for rawful conduct is certainly culpable for

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Speaker 4: criminal behavior through fraudulent acts or otherwise through that manipulation process.

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Speaker 4: So I think that that's something that really should be looked.

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Speaker 2: At by the prosecutor's office. And once more information becomes available,

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Speaker 2: either through CHIEFTAINU or.

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Speaker 4: The interviewing witnesses, those decisions need.

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Speaker 5: To be made.

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Speaker 2: But certainly, if the shoe was on the other foot,

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Speaker 2: I think that there would be screens for a criminal prosecution.

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Speaker 3: You know, the last time any Republicans controlled city council

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Speaker 3: was more than a half a century ago. But I

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Speaker 3: can only imagine if a white vice mayor, a white mayor,

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Speaker 3: or a white council member said, not enough black people

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Speaker 3: are being charged. It's time now to start charging black

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Speaker 3: people with something. Well, I'll leave that right there, But

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Speaker 3: what you want to comment.

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Speaker 2: On that, you know, it's not going to stand. Nobody

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Speaker 2: in our society wants that. Nobody in our criminal justice

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Speaker 2: system wants that. You know, it needs to be addressed

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Speaker 2: if that's what occurred, and we plan on addressing that

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Speaker 2: through a nineteen eighty three action in the future as

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Speaker 2: we're looking at this case.

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Speaker 5: But we really want to see these.

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Speaker 2: Chrominal prosecutions proceed forward and hold the true criminals.

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Speaker 4: Accountable for the wrongful conduct. We want to see them

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Speaker 4: go to.

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Speaker 2: Prison and serve time and set an example for the

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Speaker 2: city of Cincinnati through these cases on what kind of

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Speaker 2: behavior is going to be tolerated downtown and what's not

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Speaker 2: and when you act like that, you're going to prison.

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Speaker 5: Because why, law binding people.

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Speaker 2: Aren't going to tolerate this, no matter what the color

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Speaker 2: of their skin is, and anybody in the whit or

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Speaker 2: black community or otherwise needs to stand up and say,

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Speaker 2: these wrongdoers all need to go to prison. Why Because

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Speaker 2: nobody should live in a community where.

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Speaker 5: This is occurring.

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Speaker 3: Nineteen eighty three has a criminal and also several aspects.

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Speaker 3: Assuming you're not in charge of the criminal aspects of

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Speaker 3: charging city council leader with a federal felonies for what

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Speaker 3: they did, but you are in charge more or less

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Speaker 3: of the civil lawsuit. Explain what a nineteen eighty three

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Speaker 3: action is on a civil lawsuit on a baff of

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Speaker 3: your client.

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Speaker 4: You know, a nineteen eighty three lawsuit on behalf.

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Speaker 2: Of Alex seeks to be simply compensated for violations of

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Speaker 2: his civil rights where it's done under the color of law,

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Speaker 2: Meaning where state actors act and violate some of these

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Speaker 2: civil rights guaranteed by the constant of the United States and

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Speaker 2: the Ohio Constitution, they are entitled to compensation for a

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Speaker 2: violation of those rights. And that's what a nineteen eighty

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Speaker 2: three action is and what it does.

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Speaker 3: So the state action also includes city council correct. State

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Speaker 3: action is a governmental action. It's been expanded to include

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Speaker 3: city council correct.

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Speaker 2: Liability can fall on any governmental employee, whether it be

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Speaker 2: you know, a.

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Speaker 5: Police officer or a.

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Speaker 2: City council person, or anybody that acts under government and

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Speaker 2: under the color of state law that title, which.

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Speaker 5: Are government employees.

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Speaker 3: One of the element of damages that your client, Doug Brandon,

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Speaker 3: what element of damages describe as damages?

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Speaker 2: Well, he said, to undergo this, this unduly prosecution, he's

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Speaker 2: you know, he had to exceed personal funds on attorney

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Speaker 2: fees costs, not to mention his time and what he's

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Speaker 2: been through and what his family has been through in

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Speaker 2: in you know, being threatened with going to.

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Speaker 5: Jail for some alleged criminal act that he never committed.

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Speaker 3: Yes, and also his physical damages of one type or

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Speaker 3: another perpetrated by these criminal defendants. And maybe that's an

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Speaker 3: ancillary matter, but you know, a city council cannot order

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Speaker 3: its employees to file charges against the person because of

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Speaker 3: the color of their skin. And I would think if

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Speaker 3: you jump inside the mind of lemon Kearney or Scottie Johnson,

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Speaker 3: you would find entitlement, You would find historical wrongs, You

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Speaker 3: would find words like social justice and reparations. That too

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Speaker 3: many black people are being charged with the crime in

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Speaker 3: their mind. Let's start charging white people not because of

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Speaker 3: what they did, because of the color of their skin.

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Speaker 3: In their minds right now, if they listen to this interview,

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Speaker 3: they're going to be thinking, we did nothing wrong, We

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Speaker 3: stood up for the black community.

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Speaker 6: What would you say about that one.

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Speaker 2: I think it's time we hold them accountable bill for

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Speaker 2: their wrongful conduct under the color of law under nineteen

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Speaker 2: eighty three and welcome to federal court.

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Speaker 3: All right, Doug Brannon, thank you very much, and I'd

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Speaker 3: like to eat your back on again. When these other

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Speaker 3: legal proceedings proceed, we'll see what occurs. And I would

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Speaker 3: say as an attorney, you cannot, as an attorney in

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Speaker 3: the city prosecutor's office, take an illegal order and act

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Speaker 3: upon it. I know a disciplinary council in the state

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Speaker 3: of Ohio may be interested to find out that the

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Speaker 3: city prosecutor's office accepted an illegal order from city council

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Speaker 3: to file charges against someone because of the color of

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Speaker 3: their skin. And the lawyers who did that have liability

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Speaker 3: on their law license because lawyers cannot do that. You

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Speaker 3: cannot take an illegal order then file criminal charges against

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Speaker 3: an innocent person knowing it's false. And that's something A

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Speaker 3: prosecutor's job is not to convict anyone. Prosecutor's job is

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Speaker 3: to do justice. And when the prosecutor in the city's

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Speaker 3: office proceed like this, they didn't do justice. They did

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Speaker 3: the opposite. And Doug Brannon, thanks for coming on. I

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Speaker 3: know you're on your way back to Dayton. Hopefully you'll

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Speaker 3: arrive safely away we'll go. We'll talk later. Doug Brannon,

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Speaker 3: thanks for coming on the bill. Cunningham Show. Thank you, Doug,

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Speaker 3: thanks for having me.

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Speaker 5: Bill. You have a good one.

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Speaker 6: God bless you. Let's continue with more.

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Speaker 3: That's where we are, and we live now in a

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Speaker 3: city that has city officials demanding people be criminally charged

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Speaker 3: because of the color of their skin. Does this involve you?

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Speaker 3: Are you concerned about this? Bill Cunningham News Radio seven hundred,

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Speaker 3: What you ought to you