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Enquirer reporters give the scoop on what your politicians are doing

Jessica Brown,
Hamilton County reporter

Jon Craig,
Enquirer statehouse bureau

Jane Prendergast,
Cincinnati City Hall reporter

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Enquirer Washington bureau

Carl Weiser,
Blog editor

Howard Wilkinson,
politics reporter

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Wednesday, April 09, 2008

Sheriff won't talk, so Portune does

Jessica Brown reports from today's Hamilton County Commission meeting:

Hamilton County Commissioner Todd Portune today gave his take on why the alcohol-related case of a sheriff's office major was handled the way it was.

Maj. James Dattilo was found drunk behind the wheel of a county car March 14 while parked in a Green Township fast-food drive through. A sheriff's deputy cited Dattilo for being in control of a vehicle while under the influence of alcohol.

Questions have since swirled about why the major was not charged with driving under the influence of alcohol. Sheriff Simon Leis' office has refused to answer Enquirer questions relating to the case.

A member of the public addressed the Hamilton County Commissioners this morning about the issue. She said she felt Dattilo was getting preferential treatment and asked the commissioners if they could do anything about it.

So Portune, who said he's received a few e-mails on the issue as well, broke the sheriff's silence.

"It's my personal preference that the sheriff speak publicly on the matter. But I have looked into it," he said.

He said a recent law change makes the charge against Dattilo the appropriate charge because the major was on private property rather than a public roadway.

"That's the only offense he could have been charged with. He was arrested, and was sentence to what first-time offenders are sentenced to and suspended by the sheriff's office. I would have liked for the sheriff to say all that and put an end to the controversy, but he didn't."

Portune later added that the Major Sean Donovan was very forthcoming with the information when Portune asked questions and he's not sure why the office was so close-lipped about it to the public and the media.

"Absolutely no preferential treatment was shown," Portune said. He said he recognized it is the sheriff's perogative not to answer those questions or make public statements about the issue.

"Personally I wish they would have put it out because the information is helpful to them," he said.

Portune said he did not ask Donovan why Dattilo had been driving a take-home vehicle -- another question that the Enquirer had unsuccessfully sought an answer to.


at 11:14 AM, April 09, 2008 Anonymous Anonymous said...

I am so sick and tired of Si Leis' arrogance. It seems that every year he is involved in some sort of nonsense. When will the public throw these bums out. Can't these people stop voting along party lines? It makes your political party look stupid for standing up with these jack...es.

at 11:16 AM, April 09, 2008 Anonymous Anonymous said...

Who's to blame for Simon Leis and his countless examples of hostile action to the community? Is it the Republican voters that elect him or simply a matter of nobody stepping up to run against him? Why Simon hasn't been run out on a rail years ago is beyond me. The longer he stays the more times things like this will continue to happen.

at 11:32 AM, April 09, 2008 Anonymous Anonymous said...

Nice that the Sheriff's dept can bend the laws as they need to (to protect one of their own). " A sheriff's deputy cited Dattilo for being in control of a vehicle while under the influence of alcohol." not driving under the influence of alcohol.
If an average joe was in the same situation, I don't think he would be afforded the chance to argue that he was on private property-Much less, a judge wouldn't care either.
I guess it's just considered a job perk. So...just how did the Major get to the fast food restaurant?
Please make the county safer...Tell the Sheriff's department to take a cab-not a taxpayer vehicle.

at 11:44 AM, April 09, 2008 Anonymous Anonymous said...

Maybe you should quit complaining and realize that the laws were not "bent" in anyway. The deputy was on private property therefore couldnt be charged with DUI. Obviously the officer whom charged him knew what he was doing and his job description. Another officer may however charge him or "average joe" with DUI, but then as you are innocent until proven guilty, maybe go out and get a lawyer and fight the charges and have the same switched for yourself. If you spent more time looking up the law and how it works rather than talking down on a sheriff whose job is more than likely harder than yours you would know that.

at 12:08 PM, April 09, 2008 Anonymous Anonymous said...

Have we all forgotten that Si allows these men to retire and then rehires them and they "double dip". Is that not a bigger issue?

at 12:08 PM, April 09, 2008 Anonymous Anonymous said...

So he just magically appeared in the drivethru, chugged a six pack and settled in for the night??

Makes sense to me.

The bigger issue is "When did Simon get annointed King?"

at 12:10 PM, April 09, 2008 Anonymous JC said...

Hey 11:44 poster, you have no idea what you're talking about. Trust me, an ordinary citizen would have been charged and convicted of a DUI. Clearly, this person's connections positively benefited his situation, which is not fair. People have every right to complain about it.

at 12:22 PM, April 09, 2008 Anonymous Anonymous said...

Another example of the getting away with anything they want. Maybe everyone that drives drunk after this can find private property to pull on to before getting stopped.

at 12:33 PM, April 09, 2008 Anonymous Anonymous said...

This is total BS and obvious preferential treatment for one of Leis' boys. A co-worker was in a drive-through, on private property, waiting for his order. He had consumed alcohol earlier. Someone rear-ended him and pushed him into the car in front of him in line. Since the co-worker had alcohol, he was charged with a DUI by the officer responding.

Now, explain the private property "get out of jail card" again to me???

at 12:40 PM, April 09, 2008 Anonymous Anonymous said...

It's the classic Blue Wall Of Silence. They always protect their own. I feel sorry for the deputy who did his duty and cited the Major. I bet that Si -as well as the vast majority of his coworkers- effectivly end his career with the HCSD.

at 12:47 PM, April 09, 2008 Anonymous Anonymous said...

11:44 poster, you have no clue. Plenty of people have gotten DUI on their own property riding ATV's and other recreational equipment. There was even a case in Mason of a DUI while on a pedal bike in his driveway.

If the law has recently changed then good. It should not be illegal at all to "sleep it off" in a parked car. Doubtful that is what happened in this case though.

I'm not displeased with the case outcome. The problems are this dimwitted Sheriff and wrongful use of a country car.

at 12:50 PM, April 09, 2008 Anonymous Anonymous said...

Anyone who thinks that this is not preferential treatment has lost it. The bottom line is that the arresting officers, prosecutors, judges and defending lawyers all work hand in hand. Either your gonna get preferential treatment, or your gonna get strong-armed from one and all of them. Any average joe would get charged with whatever the arresting officer wants to charge them with and handed whatever sentence the judges and prosecutors want to give them. Of course if you get a good defense (meaning you spent a lot more money, meaning you put a lot more money into the tight-knit system) the judge and prosecutor will likely favor the easy side of the charges because their buddies all got taken care of.

And we all know why Si Leis kept his mouth shut, the quieter he is the faster this will all go away and he can get back to his job which is paid for by you and me. Si has done this kind of thing before and there is no doubt he will do it again, this is not news. There are many others across the country with the same job as Leis, and perform it in a much more suitable manner. Please note that in other cities, offiers lose their job over events like these and never get them back. Just another example of why Cincinnati law enforcement is among the most corrupt in the nation.

I tip my hat to Portune for finally standing up and speaking. But now he had better make sure he turns on his turn signals pulling out of the lot.

at 1:00 PM, April 09, 2008 Anonymous Anonymous said...

DUI, In Control, WHATEVER, we are all missing the fact that he was in a county owned vehicle. How many of us would be fired for getting arrested in a COMPANY CAR?

at 1:07 PM, April 09, 2008 Anonymous Anonymous said...

Hey 12:10 poster,
Why don't you try reading the law before you open your mouth. The law is clear, you must be on a public roadway to be charged with a DUI in that situation. He was on private property and, therefore, he was appropriately charged. No twisting of the law or preferential treatment took place in this situation. Sheriff Leis and the many other law enforcement officers do their very best to serve the community and what they get in return is nothing but baseless criticisms about miniscule and irrelevant topics such as this one. Try really supporting your law enforcement officials for once, because who are you going to call when something horrible happens to you or your loved ones, who is working to keep your family safe from the thugs in this city....Sheriff Leis and all other law enforcement officials.

at 1:12 PM, April 09, 2008 Anonymous Anonymous said...

The Enquirer should do their homework before accepting an answer thats completely wrong... There is nothing in either OVI (DUI) or the Physical Control statute that mentions private property, both apply anywhere "within this state". The only difference is whether or not the subject "operated" the vehicle (caused movement).

from the Ohio Revised Code (ohio.gov):
4511.19 Operating vehicle under the influence of alcohol or drugs - OVI.
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley WITHIN THIS STATE, if, at the time of the operation, ANY of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(the list goes through (j))

4511.194 Having physical control of vehicle while under the influence.

(B) No person shall be in physical control of a vehicle, streetcar, or trackless trolley if, at the time of the physical control, any of the following apply:

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them .

In defense of the Sheriff's office however, both are First degree Misdemeanors, the max punishment is exactly the same. The 3 day intervention program is also standard for first time offenders, it wasnt special treatment. The only difference is that for an OVI, the offender gets an automatic license suspension, they dont with physical control. OVI sounds much worse than physical control as well.

The offical(chief deputy donovan) that gave Portune the information either doesn't know what he's talking about or is trying to come up with an excuse. He probably doesn't know what he's talking about, according to his bio on HSCO.org, he's never been a street cop.

at 1:15 PM, April 09, 2008 Anonymous Anonymous said...

Why are people so surprised by this? Our system is known for taking care of their own. Hamilton county and Cincinnati have been doing it for years. Talk to some people out there. Their kings of falsifying reports omitting officers names etc. There is no surprise here. The police are some of the biggest offenders when it comes to DUI. I've personally ridden with a couple of officers that were under the influence. I rode with one to a 4th of July party and he ran every red light on the way with a beer in his lap. Wake up! For most of them its a pay check and a get of jail free card!

at 1:20 PM, April 09, 2008 Anonymous Anonymous said...

Whatever happened to integrity? Double dipping officials, and not taking a stand against that kind of behavior, I wonder what Si's father the late Judge Leis would think?

at 1:26 PM, April 09, 2008 Anonymous Anonymous said...

a legal loop hole abusively applied to those who are special.

Here's the thing - the cops don't determine the final charges that are appropriate - the prosecutor does. So this cover-up involves two offices held by republicans.

Now, who was the judge? Probably another republican who played the game of wink and nod with the sheriff's office and the prosecutor.

Folks - as long as we continue to elect the fifth street boys of the gop - we will continue to have corruption, cheating, and preferential treatment

Interestingly, the gop started their own blog. I thought it was cool at first. a real opportunity to have a dialogue between the party officials and the public - it has been reduced to censorship and a cover up itself - the same old, same old for the gop.

at 1:27 PM, April 09, 2008 Blogger russ said...

Well, that still doesn't tell us why Datillo (a good "family" name) was driving a county-owned vehicle, or why he was double-dipping on his pension, or why he was not fired or at least relieved of his county vehicle after the conviction. The audacity of Leis to tell us he can't do his job because we didn't vote for his tax while he frivolously throws money around on himself and anybody else who is "in" is absolutely infuriating! It is time to start local government from scratch and start electing (not appointing like Leis has been) people who haven't been spending other peoples' money their entire lives.

at 1:30 PM, April 09, 2008 Anonymous Anonymous said...

I think you're all missing the larger issue. This guy isn't just an average sheriff's deputy, he's a Major and listed on the Hamilton County Sheriff's Department website as the Records Division Commander! Whether or not criminal charges are appropriate you have to ask yourself the question 'Is this kind of behavior appropriate for an individual in a leadership position in the Sheriff's Department?' Clearly the answer is no. Criminal charges may be inappropriate, but stern discipline is not. In my opinion he should be, at the very least, demoted and removed from a leadership position.

at 1:32 PM, April 09, 2008 Anonymous Anonymous said...

1:07 poster, as you can see somebody was kind enough to post the exact ORC statutes. There is no mention ANYWHERE of special conditions for private property as you alone suggest. Given your attitude toward law enforcement I take you for a family member of one. If you are by chance a member yourself then you are one of the most misinformed out there.

Simon Leis has built his entire career out of doing the wrong thing going back to his days chasing Larry Flynt as a prosecutor. I support honest law enforcement and unfortunately there is precious little to be found around here. I wish I had a job with no accountability and an infrastructure of self-protection built around me. But, that is not reality. This only exists in the justice system.

As for who I am going to call. I prefer to rely on myself as I have done for years. Criminals don't scare me. Law Enforcement agents with the full faith and credit of government and the justice system ready and wanting to cover for their poor behavior do scare me.

Consider these other facts:

1. This was a county car being misappropreated.
2. This person was double-dipping the citizens of this county.

Where else beside Law Enforcement would these facts not be criminal?

at 1:56 PM, April 09, 2008 Anonymous Anonymous said...

I haven't seen anyone mention that this "Major" was also tagged for the same issue when he was a deputy years ago. He shouldn't have been around this long to even be a double-dipping major in this corrupt, Boss Cox-style sheriff's department. Wonder how much Datillo contributes to the GOP? I have relatives who are retired deputies, who have told me many times that the only way you got anywhere in that department was to contribute. Heaven forbide you were a Democrat and a deputy. Your career was over. Datillo must contribute a lot. Also, 11:44 poster, you must be a plant or a current deputy to so vigorously defend this shameless department of charlatans and hucksters. Open your eyes!

at 2:01 PM, April 09, 2008 Anonymous JC said...

11:44, you keep proving my point that you have no idea what you're talking about.

at 2:02 PM, April 09, 2008 Anonymous Tony B said...

A normal citizen would have to get a lawyer out of his own pocket and if he refused to take a breathalyzer would lose his liscense anyway.
Did the deputy take, or was he even offered a breathalyzer?

I would love to be the guy he pulls over for DUI next.

Maybe he was drunk from breathing all of the fumes from the DUI checkpoint he was probably running.

Just remember, next time you are drunk, pull into the nearest non-governmental driveway and you're not drunk. You are "in-control of".

at 2:12 PM, April 09, 2008 Anonymous Anonymous said...

I have personally known other people who were parked on private property while asleep behind the wheel drunk and were charged with DUI.

Unless Portune or Leis can cite the SPECIFIC change in Ohio law that prohibits this now, this is a load of B.S.

at 2:15 PM, April 09, 2008 Anonymous Anonymous said...

Cuddos to the deputy who cited him! It would have been easy for him to 'sweep this under the rug', but he didn't. He issued a citation to an individual far higher on the Sheriff's Department org chart than himself. I think that showed courage.

at 2:27 PM, April 09, 2008 Anonymous Anonymous said...

Uhh...I talked to a cop that was on duty that night. It took 3 different cops to finaly find a cop that would cite him. The reason the deputy cited him was because there was another offical called in that said to cite him due to the public (McDonalds employees) already being aware of the situation.

at 2:47 PM, April 09, 2008 Blogger Cheviot Sports Authority said...

Perhaps for a change the Enquirer can do something worthwhile and NOT LET THIS DROP. Can we finally get rid of this do as I say or else jerk?

at 3:13 PM, April 09, 2008 Anonymous Anonymous said...

So Datillo was found on private property, not on a public roadway. How did he get there...fly?? As far as I know, fast food drive thrus do not sell alcohol, so he must have been drunk when he arrived. And unless he had some other mode of transportation, he had to drive on a public roadway to get there. The Sheriff's office is full of it.

at 3:26 PM, April 09, 2008 Anonymous Anonymous said...


This smells of protectionism !

Any reasonable jury would conclude, from circumstantial evidence, that he drove to the drive-tru for coffee to straighten up and passed-out !

This goes to the bigger question:

Why, in the last 35 years, has there not been a LOCAL white-collar, money-laundry, drug-lord, $1,000,000 bust in Hamilton County ?

Perhaps, good-old boy, New Orleans style protectionism ?

at 4:10 PM, April 09, 2008 Anonymous Anonymous said...

The guy being drunk is bad enough, but it is important for us to remember that he was driving a county vehicle -- one paid with our tax dollars. Why this guy has a county vehicle in the first place is a good question. Why Si Leis is still in office is a better one.

at 4:24 PM, April 09, 2008 Anonymous Anonymous said...

11:44 is an idiot. When you allow officers to break the law or get breaks when they do so undermines the justice system. Cincinnati and hamilton county has got to get control of their officers. right now if you are law enforcement here you are above the law and that is very bad for us all.

at 4:29 PM, April 09, 2008 Anonymous Anonymous said...

The problem with political scandals is that there is usually more than one type of illegal/unethical behavior taking place at once, as is often the case with most white collar crime, and the news media simplifies it down to one or two issues. I won't cite specific examples, because it will just sidetrack this post into people covering up or attacking the people I cite who have been engaged in scandalous behavior.

That said, here are, I believe all the issues, which the news media should try in the next few days, weeks, and months to keep in front of them and the sheriff's office.

1. Why does a deputy holding what is clearly a desk job get to have a county-owned vehicle to take home with home every night? Is there a chance of some records emergency breaking out somewhere?

2. Has anyone else not related or connected to law enforcement been cited in this more-lenient way on private property?

3. How much money has he or any other top deput contributed to the campaigns of Sheriff Leis or other Republicans?

4. Reference was made to other incicents with this same officer. Can you inform the public more, as much as privacy laws allow, about these incidents?

5. Others may wish to add their own here. This should not be over.

at 4:37 PM, April 09, 2008 Blogger Cheviot Sports Authority said...

How do you get in touch with Todd Portune? Email address? Perhaps he can do something worthwhile for a change and stay on this. Simon Leis has got to go!

at 5:17 PM, April 09, 2008 Anonymous Anonymous said...

Isn't Portune an attorney? Doesn't he even know the ORC and when he's being fed a lie by the sheriff's office?

at 6:28 PM, April 09, 2008 Anonymous Prosecute Simon Leis said...

Simon Leis is above the law. Just ask him, his pet judge Norbert Nadel, and Joe Deters.

at 7:55 PM, April 09, 2008 Anonymous Anonymous said...

hey anonymous 4/29---4:29 does your computer have "SPELL CHECK". 1.Besides that the Sheriff can let anyone he wants take home a car. That does not mean it is right. 2.Yes others have been cited in the State under the new law (which evidently a lot of idiots can't find in the ORC), Check with OSP. 3.It's nobodys business if you or I want to contribute to a political candidate. 4.The other incident was already discussed, read the paper. 5.IT SHOULD BE OVER.

at 8:07 PM, April 09, 2008 Anonymous Anonymous said...

For all the misinformed, get the figures and do the math. See how much the Sheriff's Office and the Prosecutor and other entities in government and the PRIVATE SECTOR OF BUSINESS save by rehiring trained employes. Most(not all) do not receive nearly the same benefits as regular employees. Many take salary cuts and don't get paid overtime but perform better at the job because they have some integrity. There work ethic is better than most of the new generation who are 8-4 only workers and want to start at the top. DO THE MATH AND YOU WILL FIND YOU ARE WRONG.

at 9:10 PM, April 09, 2008 Anonymous Anonymous said...

The news headline should have been
Hamilton County Sheriff’s Office Take Hard Stance on Drinking and Driving.

It appears that Sheriff Simon Leis will not even cut a break, to a long time high ranking employee.
Major James Datttilo broke the law was arrested, had to serve his time, like any 1st time offender, was even suspended without pay for five days. If that is a cover up, or somehow special treatment, I don’t want any part of it. The average citizen wouldn’t have gone through all of this nonsense. How much blood do you want from this guy?
I understand some people may not like the Sheriff but where is the scandal? He arrested or one of his deputies arrested the guy. It is obvious that law and order is not enough for some people.

at 9:22 PM, April 09, 2008 Anonymous Anonymous said...

I am sure the Sheriffs Dept has a policy stating use of Sheriffs Dept vehicles while committing a criminal offense would be grounds for termination. DUI or having control over the vehicle while intoxicated...either/or are criminal offenses...top it off with use of the vehicle for non official business...Why isnt he terminated?

at 10:53 PM, April 09, 2008 Anonymous Anonymous said...

I've heard the claims about the double-dipping being equitable for taxpayers - but what people don't get in that scenario is that when people stay longer than they are supposed to they are keeping others from being promoted and trained in those positions.

Hamilton County government is heading for a disaster in management and supervisors. It is estimated that almost 30% of the workforce in county gov't is going to be resigning in the next few years and all we have to replace them is very low level people who didn't move on 10 years ago when they hit the glass ceiling against the double dippers.

And if these guys have so much intergrity and dedication - why did they take the retirement too -- greed, just greed

at 10:54 PM, April 09, 2008 Anonymous Anonymous said...

the reason that the sheriff did not get the mandatory 3 days in jail is because of overcrowding caused by [you] voters that turned down the jail tax. however,if you are caught,they will find the room. i own several trucks and have a zero tolerance for safety infractions [reckless-op,d.u.i.] i have fired workers for drinking at lunch and driving my vehicles. but i guess that h.c.s.d. must have a much more understanding insurance company......or are they 'self-insured' with our tax money?

at 10:54 PM, April 09, 2008 Anonymous Anonymous said...

And how much vacation time do these guys get each year to make up for the savings on benefits?

at 11:23 PM, April 09, 2008 Anonymous Anonymous said...

Portune is another clown if he really swallows the load the Sheriff's office fed him. Go outside the county to get the correct answer. Anywhere else (and almost anyone else) that is an OVI, period.

As for what a bargain we're getting with Datillo, baloney. He is keeping someone from getting experience at the job. As for integrity, ha! His training involves kissing but and running the annual golf outing to strong arm money for Si Lies.

When he drives himself into a pole or oncoming traffic, someone will replace him (did the commissioners forget about their predecessor, the wrong way, drunk driving commissioner, Decourcey?)

The real menace to our county is the crooked, lying, self-rightous sheriff that is endangering all of us. Second in line is the so called free press that allows him to get off, time after time.

at 3:53 AM, April 10, 2008 Anonymous Jocks R Dumb said...

Idiot Westside Jock,

Try a Google search to find his email. I assume that even those in your run-down neighbourhood have heard of Google? It's so easy that even a moronic jock can do it.

Here, I'll help you out, dummy:


Can you take it from here?

at 8:33 AM, April 10, 2008 Anonymous Anonymous said...

Perhaps,way too tough on Gay Rights when using New Orleans style protectionism. This is not good for the Queen City image.

at 10:51 AM, April 10, 2008 Anonymous Anonymous said...

Cheviot Sport Authority got owned!

at 11:15 AM, April 10, 2008 Anonymous Anonymous said...

Aren't we supposed to be in a budget crisis in this County? How many other employees have a unnecessary take-home County vehicle? That's the big question.

at 8:19 AM, April 11, 2008 Blogger Hamilton County Voter said...

Sometimes its best for people in power to communicate with the public instead of trying to avoid the issue.
Si would have been much better served if he would have released a statement about how he would handle the case. Also, the prosecutor would have been wise to say something. This way we, the public, would have a better understanding of what is going on and would not assume the worst.

at 9:38 AM, April 11, 2008 Anonymous Anonymous said...

Good point Hamilton County Voter!
When the Sheriff refuses to answer questions, I HAVE to assume the worst.
I assume he has no good explanation for the Major driving a County vehicle, never mind that he was passed out drunk in a drivethru.
How can anyone defend Simon unless their "on the payroll"?

at 6:08 AM, April 13, 2008 Anonymous Anonymous said...

It's funny the comment that we are getting "experience" at a cut-rate salary from Datillo. Last I read in the Enquirer, the man makes 90,000 a year as a "Major" in the department, in addition to his retirement. Helluva way to save our taxpayers money, to hire a double-dipping, ethically fraud drunk like him. Thanks Si!

at 3:12 PM, April 13, 2008 Anonymous Anonymous said...

Major Datillo is triple dipping not double dipping. He is also getting social security. I heard this with my own ears out of Datillo's mouth when I USE to work for the Sheriff's Office. And he is not the only one triple dipping. The head of patrol is also triple dipping and is a racist a$$hole! THE SHERIFF KEEPS HIS LYING CHEATING A$$HOLES IN THE HIGHER PAYING JOBS! I have personally seen many detectives going to football games in their county vehicles and getting out of these vehicles with beers in their hands while their Captain was standing there watching and doing the same. The Captain of the Detectives is another of Si's lying cheating cronies. The whole department needs to be rebuilt and not by Sean Donovan. THE HAMILTON COUNTY SHERIFF'S OFFICE IS A JOKE!

at 7:09 PM, April 13, 2008 Anonymous Anonymous said...

Time for Si to say "Bye".

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