IRONTON TRIBUNE ARTICLE

Filed under: Other News Sources,Uncategorized — tkm January 23, 2007 @ 21:0 pm

THE IRONTON TRIBUNE 

Doctor gets 2 years for supplying local pain clinics
By Teresa Moore – The Ironton Tribune
Tuesday, January 23, 2007 9:18 AM CST
CINCINNATI

A Cincinnati physician was sentenced to 24 months in prison earlier this month for his part in the operation of several southern Ohio pain clinics and a money laundering scheme that was derived from those clinics.

Gregory Ebner, 55, must also serve three years probation and pay a $10,000 fine.

In June 2006, Ebner admitted he worked at so-called pain clinics in Hanging Rock, Lucasville, Chillicothe and Jackson. These clinics, owned and operated by William Jewell Jr., dispensed Lorcet and Xanax after cursory medical examinations in which Ebner never checked the height, weight or blood pressure of his patients nor maintained any diagnostic equipment.

According to testimony and court records obtained from the office of Gregory Lockhart, U.S. Attorney’s Office, Southern District of Ohio, patients were charged $175-$200 per visit, which was paid in cash only, since the pain clinics did not accept any forms of insurance and would also not accept any checks or credit cards.

An investigation into pain clinic practices revealed that although patients presented a variety of ailments they all received prescriptions that could only be filled at a few pharmacies, including the South Shore Pharmacy in South Shore, Ky.

Ebner, who pleaded guilty to the charges against him, admitted to authorities he dispensed medical care that was below acceptable standards.

Jewell, of Paintsville, Ky., and another person involved in the money laundering side of the pain clinic operation, Nico Capurro, of Cincinnati, were indicted on conspiracy charges. They have pleaded not guilty and are free on bond pending outcome of their case.

A number of agencies were involved in the pain clinic investigation, including the Lawrence County Sheriff’s Office, Internal Revenue Service, Federal Bureau of Investigation and U.S. Department of Health and Human Services.

AMENDED COMPLAINT

Filed under: MARTING,Uncategorized — tkm January 20, 2007 @ 14:0 pm

Mollettes refile suit against the city
By JEFF BARRON
PDT Staff Writer
Friday, January 19, 2007 10:52 PM EST

Portsmouth City Councilman Jerrold Albrecht was not on the Council in 2002 when the city bought the former Marting’s Department Store building from the Richard D. Marting Foundation.

Yet he, and other current Councilmen Mike Mearan, David Malone and Marty Mohr are defendants in a suit filed on Jan. 12 by Councilman Bob Mollette and his wife, Teresa, against the city regarding the purchase.

The Mollettes want the city to pay their legal fees regarding the suit to void the purchase and forbid City Council from meeting in executive session, among other things.

The fees were originally about $18,000. But Teresa Mollette has said they are now about $30,000.

“I’m mystified,” Albrecht said. “I don’t know what I’ve got to do with it. Her (Teresa Mollette) husband is on City Council. Why is he not named?”

Teresa Mollette said Bob Mollette was not named in the suit because people cannot sue themselves.

In 2004, Scioto County Common Pleas Court Judge William Marshall voided the building sale because City Council met in two groups of three with foundation members.

Marshall also banned Council from meeting in executive session until voters approve a city charter change to do so. That means its members cannot meet privately to discuss issues like property purchases and personnel issues.

But the Ohio 4th District Court of Appeals last year sent the case back to Marshall, ruling that City Council could not be sued as a body.

Therefore, the Mollettes named Albrecht, Malone, Mohr and Mearan as defendants, along with those on City Council who voted on the purchase.

They are: Mayor Jim Kalb, President Howard Baughman, Carol Caudill, Ann Syndor, Barbara Halcomb and Ray Pyles.

The sale led to the recalls of Caudill, Sydnor and former mayor Greg Bauer.

Teresa Mollette said the current members were named partly to prevent City Council from meeting in executive session. After the appeals court ruling, Solicitor David Kuhn said Council could meet in executive session. It has not, however.

“David Kuhn said they could meet in executive session, but I’m saying they cannot,” Teresa Mollette said.

Albrecht said he has contacted Kuhn for advice on what to do regarding the suit.

Mearan said he also may seek legal help. Mearan is an attorney, but he said he’s not experienced in matters such as the Mollette suit.

Mearan said he has been busy with a court case he’s working on and has not been able to devote any time to the Mollette case.

“But since I wasn’t on City Council then, I wouldn’t have any knowledge of the facts,” he said. “But I guess I’m being sued because I’m a figurehead on City Council. I’d like to see all this end, because the city has better things to do than address this. But everybody has a right to their day in court.”

Malone said he didn’t know what legal recourse the Mollettes may have because the four current members did not vote on the sale.

Mohr agreed.

“I’m surprised,” he said. “On May 29, 2002, the four of us were not on City Council.”

Like Albrecht, Mohr also wondered why Bob Mollette is not part of the suit.

“If he’s excluded, everyone has to be excluded,” Mohr said. “He has to be on it.”

JEFF BARRON can be reached at (740) 353-3101, ext. 236.

The 4th District Court of Appeal’s choice to reverse Judge Marshall’s decision, in my opinion, was counterproductive to the citizens of Portsmouth, Ohio.  For the 4th District Court of Appeals to construe Council to be non-sui juris delivers a message to the ordinary citizen that the judicial system does not agree and support accountability in our government and with our government officials.

The 4th District Court of Appeals interpretation of Council being non-sui juris is ludicrous.  The law is pretty explicit when defining who can and cannot be sued through the process of Injunctive Relief.

The “Sunshine Laws” define the “public body” and provide the specific guidelines for individuals to hold public bodies accountable through Injunctive Relief.  By definition Council does meet the definition criteria for a public body and the option for being held accountable through the Injunctive Relief process.

Through the Courts and the Injunctive Relief process the law provides if a Plaintiff is awarded Injunctive Relief reasonable attorney fees are granted along with the $500.00 filing fee.  This requirement for reimbursement of reasonable attorney fees and the $500.00 forfeiture will ensure the common citizen can hold their government officials accountable.

Bob and I have both attended and testified at several HB 9 subcommittee hearings in Columbus, Ohio.  The majority of law makers, I’m glad to say, encouraged the section of payment for reasonable attorney fees upon the courts award of a writ of mandamus to the Plaintiff.  This bill has now been signed by the Governor and will go into effect approximately Oct. 1, 2007.

Without you, the taxpayers, getting involved and holding public officials accountable more unscrupulous individuals will be encouraged to seek public office.

Remember, Bob and I were the ones who made it possible for the citizens to recoup monies illegally  spent on the purchase of the Marting Building, and present Council members were the public officials that decided not once but twice to expend additional taxpayer dollars to appeal Judge Marshall’s decision.  Also, these same Council members voted to allow the Mayor to negotiate and to enter into a second contract, which forgave the Marting Foundation from the beginning of the world, accepted liability of the Marting Building, and placed unreasonable strings attached before the citizens could collect their $1.4 million dollars of hard earned taxpayer dollars.  Where is the accountability?

Get involved before it’s too late.

Teresa

CCG GUEST

Filed under: CCG,Uncategorized — tkm January 17, 2007 @ 22:0 pm

Notice

Michael L. Jones, Esq., a Portsmouth attorney, will be a guest at the Concerned Citizens of Portsmouth meeting at Giovanni’s on 11th St., this Saturday evening, Jan. 20. Mr. Jones will speak about his candidacy for the position of City Solicitor.

The meeting will begin at 7, but for those eating dinner the meeting room is available from 6-7.

CCG Meeting
Saturday, January 20th, 2007
Giovanni’s on 11th St.
Meeting @ 07:00pm
Held in the Private Dining Room

BUDGET MEETING

Filed under: Meetings,Uncategorized — tkm January 16, 2007 @ 22:0 pm

CITY BUDGET MEETING
Wednesday, January 17th, 2007 @5:00pm
2nd floor City Building

GETTING INVOLVED

Filed under: ELECTION,Uncategorized — tkm January 15, 2007 @ 17:0 pm

Supporting your community is critical if you ever expect to change anything.  Portsmouth, Ohio’s need for YOU to become politically involved in the community is quite obvious. 

Getting involved in politics means more than just casting your vote, as important as that will be. It means getting involved in you legislative process.  It means getting involved in the political arena by becoming a political candidate, or encouraging, contributing and supporting candidates who will work to turn this community around.  It means volunteering to work on a campaign.  It means helping to get others to the polls.

You need to get involved right now.  Work with others to advance your cause–you are the future!

The more people who are active on an issue, or I should say issues, the quicker the goal will be accomplished.  Remember, active involvement could mean the difference in our community between progress and the current political and financial chaos that now exists.

Get involved in the Legislative Process.

Get involved in the Community.

MAY ELECTION:

COUNCIL MEMBERS: 

Current position holders – David Malone (2nd), Gerald Albright (4th), & Martin Mohr (6th) 

2nd

David Malone

Austin Leedom

4th

6th

CITY AUDITOR:

Current position holder – Trent Williams

Trent Williams

CITY SOLICITOR:

Current position holder – David Kuhn

David Kuhn

Mike Jonesborn Steubenville, Ohio, May 21, 1969; admitted to bar, 1994, Ohio. Education: Capital University (B.A., 1991; J.D., magna cum laude, 1994). Member: Allen County and Ohio State Bar Associations. (Resident, Portsmouth Office). Practice Areas: Insurance Defense; Family Law; Criminal Law.

Also, the November 2007, Election will include positions for 3 Portsmouth School Board members’ whose terms will expire on December 31st, 2007.  We desperately need individuals to consider putting their name in the hat for these 3 positions.  We need representatives who will work honestly and diligently to ensure the success of the new schools and the sports complex, which is currently in the planning stages.

SCHOOL BOARD MEMBERS:

Expiring Terms include – Clarence Parker, Ray Thompson and Mary Sommers.

3 Expired Terms

GET INVOLVED.

Updated by tkm on 1-16-07

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