Wednesday, January 25, 2006

FORMER CINCINNATI CITY COUNCILMAN SAM MALONE ON TRIAL FOR DOMESTIC ABUSE

SAM MALONE ON TRIAL FOR BEATING HIS SON: JUDGE REFUSES TO DISMISS CASE

We at The Black Fist have been quietly monitoring the child beating case/trial of former Cincinnati City Councilman Sam Malone (R). As of this day General Nikki X has not publicly commented on this case. Now is the time. I personally feel Sam Malone disciplined his 14 year old son the way a good father is suppose too. I also feel the father Sam Malone may have (and I stress the words may have) gone too far. I was not there as most of you out there reading this was not there, I will not stand in judgement of Sam's parenting skills nor will I stand in judgement of his 14 year old son and/or the sons' deceased mothers' side of the family. There have been alot of allegations thrown around in the media about financial motivation to push this case forward, to see Sam Malone imprisoned, to see Sam out of the way so the sons' mothers' side of the family can receive custody of the 14 year old boy so that side of the family can also recieve the monies due this child due to his mother's untimely death a few years ago.

In any event, I felt it was best to state what I do know before I reprint what it being reported in today's Cincinnati Post By Post Staff Reporter Tony Cook.

This is another Black Fist News Update:

Prosecutors won a small victory in former Cincinnati City Councilman Sam Malone' Domestic abuse trial Tuesday when a judge refused to dismiss the charge after prosecutors wound up their case.

The decision came after a Cincinnati police officer testified that the beating with a belt that Malone gave his 14-year-old son May 13 at their Walnut Hills home was the worst domestic violence case he had ever witnessed.

"In the past situations where I have been on runs, I have been able to observe injuries to the extent (Malone's son) had," said Officer James Matthews, who was the first to answer a 911 call from Malone's home.

Matthews said he has been on more than 100 domestic violence runs during three years on the force.

Other officers - including Capt. David Bailey, at the time a department night chief - also saw the welts, said Matthews. Police then decided to charge Malone with domestic violence.

In asking Hamilton County Municiple Judge Russell Mock to dismiss the charge after prosecutors rested their case, Malone's attorney, Hal Arenstein, argued that an Ohio 1st District Court of Appeals opinion allows parents to cause some physical harm to their children as long as the discipline is "reasonable and prudent" and does not create "a risk of death, serious injury, or substantial pain."

"If he had been in such distress, we know he would have been transported to the hospital by the fire department," Arenstein said of Malone's son.

Indeed, police acknowledged that protocol dictates they call the fire department if they think a victim needs medical attention.

Instead, officers stayed on the scene for about 1 1/2 hours before allowing the boy's uncle to take him to the hospital, where he was released after a 30-mintue examination.

Malone meted the punishment after the boy didn't check in with teachers at the appropriate time earlier in the day during an eighth-grade field trip to Paramount's Kings Island theme park in Mason.

The teen had had problems earlier in that school year, with his grades dropping to mostly F's, and had served two detentions and received 10 academic referrals for not doing his work. He sometimes forged his father's signature on those school documents.

The judge said he agreed with Arenstein's interpretation of the appeals court decision, but said the hospital photographs and the boy's testimony Monday left open the question of whether Malone inflicted substantial pain in the beating.

Arenstein then began calling defense witnesses, among them Malone's mentor and his mother, who testified they had never seen any evidence Malone abused his son and that Malone's parenting seemed appropriate to them.

Malone, 35, is facing a first-degree misdemeanor charge for the beating that left what appeared in hospital photographs to be welts on his sons' back, stomach, arms and legs. The boy has lived with Malone since the boy's mother died in a car accident three years ago.
The charges against Malone - a Navy veteran and former competitive boxer who lost his bid for re-election to Council Nov.8 - carries a maximum penalty of six months in prison and a $1,000 fine.

The trial is expected to wrap up today.

The Question The Black Fist pose to our readers is this:
  1. "What do you think about the Sam Malone Domestic Abuse Trial?"
  2. "Do you think Sam Malone should go to jail for 6 months and be fined $1,000?"
  3. "Did Sam Malone beat the hell out of his 14 year old son which could constitute abuse?"
  4. "Did he do what any good decent parent [black father] would have done and disciplined his black son in the way in which he should go?" -And finally-
  5. "Why did the Hamilton County Republican Party under the leadership of soon-to-be judge (my sources tell me) Michael Barrett, turn their backs on their man Sam after his arrest and subsequently all but left him hanging before and during the Cincinnati City Council Race which caused him to lose his bid for re-election?"

It seems to the general [black] public that when a "Black" politician who is a republican has a bit of trouble whether it be with the law or personal indiscretion(s) they are left with their asses swinging in the wind and their black faces even blacker with shame and defeat.

But when it comes to a white politican who is a republican and has the same type of "troubles" as mentioned above with the black politician, It's (insert the music of the Lone Ranger here) "On to the rescue!!!" And that white republican is like a cat with 9 lives who subsequently lands on all 4's, Or should I say both feet?

Can race be playing a part in all of this political bullshit ~OR~ Is it like I've heard so many times before from the mouths of Black Republicans, "We don't see race in the Republican party, we are the party of inclusion."

I'm raising the questions but your Comments and Opinions are what we want to hear on this very serious subject of domestic abuse!

You tell us, You decide!
And remember.......

"It May Not Always Be Good News But It's Hood News!!!!!!"




11 comments:

Anonymous said...
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Anonymous said...

1. "What do you think about the Sam Malone Domestic Abuse Trial?" Bullshit. What happened is between Malone and his son, period. Perhaps his son will show a little more respect to his dad next time.

2. "Do you think Sam Malone should go to jail for 6 months and be fined $1,000?" Absolutely not.

3. "Did Sam Malone beat the hell out of his 14 year old son which could constitute abuse?" I don't know. And it is none of my business.

4. "Did he do what any good decent parent [black father] would have done and disciplined his black son in the way in which he should go?" Yes. I do not advocate hitting children. However, a male friend of mine (I am a female) insists that had his father not used "whippings" on him growing up, he would have been out of control.

-And finally-
5. "Why did the Hamilton County Republican Party under the leadership of soon-to-be judge (my sources tell me) Michael Barrett, turn their backs on their man Sam after his arrest and subsequently all but left him hanging before and during the Cincinnati City Council Race which caused him to lose his bid for re-election?" Who knows? Maybe because a charge of "beating your child" seemed too dirty for politicans to support. Of course, Mike Allen (and his case WAS dirty) had people rally around him.

Anonymous said...
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Anonymous said...

What do I think of the trial? I think anyone who beats their child so severely that welts are on the child's back, belly, legs and arms should be prosecuted--he went way too far. Welts on the arms indicate defensive wounds to me.

Should he go to jail for 6 months and be fined $1000. That may be a little excessive--after all murderers can get out in 7 years (or less). Perhaps he should be "sentenced" to 6 months with the majority (or all) suspended and placed on what in some places is called "probation before judgement". If he completes the probationary period without incident it becomes as if he were never convicted as far as a record goes. Which means he would have all of the civil rights he now has. Yes, hit him with the fine, court costs and the cost of supervision on probation, too!

Beat the hell out of him? That's very subjective, but I will reiterate that he went way over the line.

Was this proper discipline--NO. And, for everyone that says if they hadn't been whipped growing up they would have been out of control--exactly how severe were your whippings & how many who were overly "whipped" wound up going to prison or even killing their parents?

Why did his party not rally around him? Ask them! None of us have adequate information to judge most of these things we're commenting on. Even "General Nikki X" says as much in his original post on this subject. Have any of us commenting attended ALL of the proceedings in this case? That would provide a better basis for comment than I suspect any of us have including the "General".

Anonymous said...
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Anonymous said...

TO KEMUEL,

I'm pretty sure that you don't know what this child's mother let him get away with. You are saying that no one is stating that Sam or his son is right or wrong, I suggest that you stop speculation into what his mother did as discipline also.
Infact, to suggest that this child exhibited these forms of "long term constitent bad and lying behavior" is also speculation. The child's said actions may have occured after and be directly related to his mother's death and the lack of any counciling regarding it.

Anonymous said...
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Anonymous said...

How come good daddy Malone never married the boy's mom or in fact wasn't even in the boy's life. How come there was another charge of abuse and how come he knocked the hell out of his own mamma? If he kills the kid will he be wrong then or is that just discipline too? He's dangerous. He should be in anger management. He shouldn't be around the child of his girlfriend either. The next time he takes off his shirt so he can get a good swing, and decides to ritualistically "beat the black off" of this young man, he may go so far that the damage can't be fixed.

Anonymous said...

Shalom! General Nikki X, Is it proper to use the word beating as you do in this article or would it be better to use spank? I ask this question because it is a difference.