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AG Curtis Hill asks Indiana Supreme Court to review lower court’s release of alleged child abuser

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Attorney General Curtis Hill has asked the Indiana Supreme Court to provide greater clarity to trial courts regarding their discretion in deciding whether to grant pretrial release to defendants and at what levels to set bail.

Specifically, Attorney General Hill asked for a review of a Jefferson County case involving a man accused of four felonies in connection with the physical abuse and neglect of his girlfriend’s 2-year-old son resulting in extensive head, neck, and body injuries.

The trial court in that case set bail and denied a subsequent request for a bail reduction, citing the lengthy sentence faced by the defendant and his risk to the safety of the victim and community. The Indiana Court of Appeals reversed, judging the trial court was prohibited from considering the child victim’s injuries, the defendant’s alleged conduct, and the possible sentence if the defendant is ultimately found guilty. The appellate court’s decision took too narrow a view of state law, Attorney General Hill said.

The updated Indiana Criminal Rule 26, which went into effect this year, requires authorities to conduct an evidence-based assessment of inmates awaiting trial — in addition to considering all other relevant evidence — to determine whether they pose flight risks or dangers to themselves or others. The rule states that if inmates do not substantially present such risks, the trial court, except in certain prescribed situations, “should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court.”

When properly understood, this law permits trial courts to consider the entirety of evidence brought before them, Attorney General Hill said. In this case, for example, the defendant allegedly lied to police by claiming the injuries to the child resulted from accidents that medical professionals determined could not have caused them.

“A judge can consider all kinds of evidence,” Attorney General Hill said, “including the facts of the alleged crime and details from the investigation. Beyond settling this immediate case, the Indiana Supreme Court has the opportunity here to provide clarification and guidance to all defendants, judges and prosecutors about the proper interpretation of Criminal Rule 26.”

Attached is the state’s petition in this case and a friend-of-the-court brief filed by the Indiana Prosecuting Attorneys Council in John Yeager v. State of Indiana.

HEALTH DEPARTMENT UPDATES STATEWIDE COVID-19 CASE COUNTS

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INDIANAPOLIS — The Indiana State Department of Health (ISDH) today announced that 331 additional Hoosiers have been diagnosed with COVID-19 through testing at ISDH, the Centers for Disease Control and Prevention (CDC) and private laboratories. That brings to 42,871 the total number of Indiana residents known to have the novel coronavirus following corrections to the previous day’s total.

 

Intensive care unit and ventilator capacity remains steady. As of today, nearly 38 percent of ICU beds and more than 81 percent of ventilators are available.

 

A total of 2,377 Hoosiers are confirmed to have died from COVID-19, an increase of 14 over the previous day. Another 192 probable deaths have been reported based on clinical diagnoses in patients for whom no positive test is on record. Deaths are reported based on when data are received by ISDH and occurred over multiple days.

 

To date, 426,376 tests have been reported to ISDH, up from 418,916 on Monday.

 

Any Hoosier seeking COVID-testing can obtain it through one of the state-sponsored OptumServe sites, regardless of whether they are at high risk or have symptoms. To find testing locations around the state, visit www.coronavirus.in.govand click on the COVID-19 testing information link. More than 200 locations are available around the state.

 

In addition, ISDH will be hosting the following free clinics this week:

 

9 a.m. – 6 p.m. Wednesday and Thursday
Crossroads Café/Topeka Pharmacy
101 N. Main St., Topeka

 

9 a.m. – 6 p.m. Thursday through Sunday
Carrie Gosch Early Learning Center
4001 Indianapolis Blvd., East Chicago.

 

Potential Scam Alert

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  The Evansville Police Department would like warn people of a possible scam on the eastside of Evansville. More specifically in the areas of Burkhardt/ Morgan, Burkhardt/ Lloyd Expressway, and Green River Road/ Burkhardt. 

 This potential scam involves people in the area of these intersections wearing yellow traffic vests and panhandling for money. They have been observed walking out into intersections and asking for money, which is a violation of the Panhandling I.C. Code (35-45-17-1).

  The group is from Florida and claims to be affiliated with a church there. They also claim the money is going to help the homeless. The Church they claim to be affiliated with could not be located. 

  Contact was made with a member of this group and they were made aware of Indiana’s Panhandling Law. This member advised that the money generated in Evansville was being used to help the homeless in Florida and not being used locally. 

Sheriff’s Office Investigating Traffic Fatality on Darmstadt Road

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On 06/22/2020 at approximately 10:05 AM the Vanderburgh County Sheriff’s Office responded to the 7700 block of Darmstadt Road in reference to a single-vehicle collision. The reporter told Central Dispatch that they believed the crash actually occurred overnight, but believed that someone remained inside. When deputies arrived at the scene they confirmed that there was one person inside, and they were deceased.

This event is being investigated by the Vanderburgh County Sheriff’s Office in partnership with the Vanderburgh County Coroner’s Office. As is customary practice the Coroner’s Office will release the name of the deceased individual at the conclusion of the investigation once family notifications have been made.

Digital Health Ecosystem Report

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Digital Health Ecosystem Report: The Top Startups And Companies Capitalizing On Transformative Digital Health Industry Trends In 2020

Governor Announces $61 Million Education Relief Fund for Remote Learning

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Governor Eric J. Holcomb today announced Indiana PK-12 schools and higher education institutions can now apply for a needs-based, competitive $61.6 million grant program providing funding to improve remote learning.

“Teachers, administrators and superintendents have faced this pandemic with innovative solutions to ensure our students continue to receive the best education possible,” Gov. Holcomb said. “Our Governor’s Emergency Education Relief funds will help meet technology needs and grow educator development while working to reduce the disparities between districts.”

The $61.6 million Indiana received in Governor’s Emergency Education Relief (GEER) funding, provided through the federal CARES Act, will be focused on three areas:

  • Device Availability – Address the need for access to digital learning devices to support remote learning for students in PK-12.
  • Connectivity – Develop comprehensive community-level and regional-level solutions to address gaps in internet connectivity for remote learning.
  • Educator Capacity – Support partnerships between higher education and PK-12 to develop professional development and curriculum opportunities as educators throughout Indiana continue to build expertise in remote learning.
  • In a collaboration among the Governor’s Office, the Indiana Department of Education, the Commission for Higher Education and the Indiana State Board of Education, the state expects to award dozens of grants. There is no minimum or maximum threshold, however grants may not be funded at the full amount requested. Traditional public school corporations, public charter schools, accredited non-public schools, higher education institutions, and other education-related entities are eligible to apply.

AG Curtis Hill: America Must Continue National Dialogue Over Police Reforms And Race Relations

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Attorney General Curtis Hill said today that Americans must continue to seek productive dialogue on the issues of police reforms and race relations in order to achieve genuine progress.

“Both police brutality and violent riots represent America at its worst,” Attorney General Hill said. “Thankfully, we are also reminded daily of America at its best. We see it in the many shining examples of excellent police officers protecting and serving their communities. And we see it also in the lives of everyday men and women who peacefully work to advance causes in which they passionately believe.”

Since May 31, Attorney General Hill has written six op-ed pieces, all published at FoxNews.com, related to these issues.

Links to these op-ed pieces are as follows:

May 31: Indiana AG Hill: Floyd killing shows racism and police brutality are major problems, but riots intolerable

June 2: Indiana AG Hill: End the rioting and America can move forward on racial progress

June 4: Curtis Hill: Murder charges in George Floyd death are a good step but more needed to fix broken race relations

June 7: Curtis Hill: Defund police in response to George Floyd killing? It’s an insane idea that would increase crime

June 12: Indiana AG Curtis Hill: CHAZ and Seattle — a modest proposal worth considering

June 17: Curtis Hill: Crack down on bad cops but support good cops who keep us safe – Senate GOP bill shows the way

Here in Indiana, Attorney General Hill plans to continue promoting constructive discussions of these issues — such as holding a forum on race and justice addressing Hoosiers’ challenges and concerns.

“We will engage in frank dialogue to illuminate the conflict between people of color and the law enforcement community,” Attorney General Hill said. “We will work to create greater understanding, acceptance and accountability.”

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Department of Insurance Warns Damage from Fireworks May Not Be Covered by Insurance

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Even though many Independence Day celebrations have been canceled due to the COVID-19 pandemic, the use of fireworks in communities across the state is tradition to celebrate the holiday. The Indiana Department of Insurance is warning Hoosier homeowners and renters that accidental damage caused by fireworks that are banned in their counties may not be covered by their homeowners or renters insurance policies.

Many insurance policies contain provisions disclaiming coverage for illegal acts committed by the insured. However, consumers who experience property damage due to another person’s use of fireworks may be able to claim benefits under their homeowners or renters policy.

“It’s important for Hoosiers to consider the consequences before using fireworks,” said IDOI Commissioner Stephen W. Robertson. “If someone using fireworks accidentally starts a fire, to their own property or that of their neighbors, they may not be able to turn to their insurance company for coverage.”

In 2018, according to the U.S. Consumer Product Safety Commission Annual Fireworks Report, 62 percent of all reported firework injuries occurred from June 22-July 22. There were an estimated 9,100 fireworks injuries treated at hospital emergency departments nationwide in 2018 – 36 percent of fireworks injuries were to children younger than 15 years old. About 45 percent of fireworks injuries were burns.

The following are laws governing fireworks in the Hoosier state, and many towns and cities have additional ordinances that Hoosiers must follow:

  • Fireworks can be purchased only by persons 18 years of age or older.
  • Fireworks may be used:
    • on the user’s personal property;
    • on the property of someone who has consented to the use of fireworks on that property;
    • a location designated specifically for the use of consumer fireworks.
  • Consumer fireworks may be used only between 9 a.m. and 11 p.m. on most days that are not holidays, but this may be limited further by local ordinances – check with local officials.
  • On holidays (Memorial Day, Independence Day, Labor Day and New Year’s Eve), fireworks may be used between 9 a.m. and midnight. (You should check first with local officials.)
  • The times on the following dates are protected in Indiana for consumer use of fireworks and may not be prohibited by local ordinance:
    • June 29 to July 3: from 5 p.m. until two hours after sunset;
    • July 4: from 10 a.m. to midnight;
    • July 5 to July 9: from 5 p.m. until two hours after sunset; and
    • December 31: from 10 a.m. to 1 a.m.