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“LEFT JAB AND RIGHT JAB” JULY 31, 2019

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“LEFT JAB AND RIGHT JAB”

“Right Jab And Left Jab” was created because we have two commenters that post on a daily basis either in our “IS IT TRUE” or “Readers Forum” columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE” columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB”  column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB” AND “RIGHT JAB” several times a week.  Oh, “LEFT JAB” is a liberal view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.

FOOTNOTE: Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

VANDERBURGH COUNTY FELONY CHARGES

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 Evansville, IN – Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Gregeory Austin Allison: Residential entry (Level 6 Felony)

DCS reports an increase in child deaths in 2017

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By Brandon Barger
TheStatehouseFile.com

INDIANAPOLIS—The number of children who died across the state as a result of abuse and neglect increased from 2016 to 2017, according to the Indiana Department of Child Services’ latest report on child fatalities.

DCS, in its report released Friday, said the agency examined the deaths of 314 children and determined that 65 ranging in age from one month to 15 died from abuse or neglect in fiscal year 2017. That is up from 59 who died in the previous year. The fiscal year runs from July 1 to June 30.

Of those, 21 deaths were due to abuse while 44 were caused by neglect. Thirteen of the children who died, or about one in five, had prior contact with DCS, the agency said in a news release that accompanied the report.

Among the abuse cases included a mother who strangled her 4-year-old with a scarf because she was angry at the child’s father for leaving her alone with two children. The child was injured in 2014 but didn’t die until 2017, according to the report. The mother is serving a 20-year prison sentence for aggravated battery.

Forty-five children were younger than age 3, which aligns with national trends showing that young children are at the highest risk for abuse or neglect, the report said.

Out of the 92 counties in the state, 36 reported one or more deaths related to abuse or neglect, with Lake County having the most with nine deaths, while Marion County reported seven and Clark County reported four.

Twenty-seven or about 42% were determined to be accidental and 30 deaths were declared to be homicides. The manner of death in seven fatalities could not be determined and one death, that of a 15-year-old boy, was a suicide.

The leading cause of death in the abuse cases was head trauma, with 10 child fatalities. The most common cause of death in neglect cases came from either the child drowning or the child dying because the caregiver did not provide proper sleeping care.

In many of the deaths, the main person responsible for the child’s death was someone who was biologically related, most often the parent.

DCS reported that in many cases, either financial stresses or substance abuse within the families contributed to the child abuse or neglect.

“We’d only be speculating as to why, but this is a consistent trend,” said Noelle Russell, DCS spokesperson. “Substance abuse and poverty are consistently cited as among the most common contributing factors in child fatalities caused by abuse and neglect.”

The report cites the case of a 3-month-old child who died from a gunshot wound to the face. The uncle of the child, who said that he had used too much marijuana and had fallen asleep, was charged with murder, neglect of a dependent resulting in death and pled guilty to reckless homicide with five years in prison.

In another case, a 7-year-old died of a traumatic brain injury as the result of an all-terrain vehicle crash. The child was riding between the mother and a friend who was learning to drive the vehicle. Investigators determined that the friend had taken a Jell-O shot before getting behind the controls and the mother tested positive for methamphetamines. The mother received a two-year prison sentence.

DCS, in the report, said the child death data is compiled from multiple source, including DCS records, death certificates, coroners’ reports, autopsy reports and law enforcement records.

Brandon Barger is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.

Braun on Varney: Left Attacking McConnell to Distract from 2020 Agenda

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WASHINGTON, D.C. – Senator Mike Braun joined St Varney on Fox Business’s Varney & Co. to discuss Democrat and mainstream media attacks on Senate Majority Leader Mitch McConnell, charging that the left is attempting to distract from their 2020 platform because they are “embarrassed”:

Tax sale for which landowner wasn’t given notice reversed

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Dave Stafford FOR WWW.THEINDIANALAWYERE.COM

The LaPorte County auditor’s failure to check records that would have revealed the actual address of a Michigan City property owner whose land was sold without notice for back taxes was a denial of constitutional due process, the Indiana Court of Appeals ruled Tuesday. The appeals court reinstated the landowner’s challenge to the tax sale results and remanded the case.

The appellate panel’s ruling in Indiana Land Trust Company, f/k/a Lake County Trust Company TR #4340 v. XL Investment Properties, LLC, and LaPorte County Auditor, 18A-MI-2150, could void the tax deed issued after 30 acres known as Trust 4340 were sold for unpaid taxes in 2015. According to the record, unpaid property taxes in excess of $230,000 dating to 2009 were owed on the land.

The owner of the land that used to be part of a municipal airport, Chicago developer Peter Dellaportas, had moved his business, Midwest Investment, over the years. Dellaportas never received notice of the tax sale until the buyer, XL Investment Properties, filed a quiet title action in December 2016, after the county had issued a tax deed.

In March 2017, Dellaportas’ entities sued XL and the LaPorte County auditor seeking to set aside the quiet title and tax deed, but the trial court affirmed for XL and the auditor. It found, among other things, that after certified and first-class mail to the owner was returned, the auditor was under no obligation to take additional steps to notify the property owner. “Due process does not require that a property owner receive actual notice before the government may take his property,” LaPorte Superior Judge Richard Stalbrink wrote as a finding of fact in his order.

The trial court also found Dellaportas’ suit was untimely filed, but the appeals panel ruled the court erred in both instances. Judge John Baker took particular aim at the LaPorte auditor’s reading of 2015 amendments to Indiana Code § 6-1.1-24-4, which the office cited for its insistence that it owed no duty to search its records for the landowner’s actual address before selling the property.

“It has long been settled in Indiana that to comply with due process in tax sale proceedings, county auditors are charged with the knowledge of their own records and are required to search those records,” Baker wrote. He added in a footnote that, “The unchallenged testimony provides that after August 7, 2015, the Auditor would have been able to locate the correct address for Trust 4340 in its internal, searchable ‘Low’ system.”

The COA also noted in this case that LaPorte auditor employees under oath said they did not attempt to notify owners of tax sales after a notice was returned. One employee was asked, “So you could (not) have cared less if notices were returned?” The employee replied, “That’s right.”

“The General Assembly does not have the authority to codify away constitutional protections. Therefore, despite the language of Indiana Code section 6-1.1-24-4, the Auditor was required to search its records for a better address for Trust 4340 after the certified mail notice was returned as not deliverable,” Baker wrote for the panel. The panel also rejected the auditor’s argument that its notice efforts were reasonable because of Dellaportas’ failure to update his office address.

The COA panel also reversed the trial court finding that the suit was untimely.

“The trial court’s rationale for finding the motion untimely filed primarily focuses on the length of tax delinquency, as well as Trust 4340’s actions, before the tax sale, rather than the period of time that elapsed after the tax deed was issued. There is no caselaw supporting this analysis,” Baker wrote. “By their very nature, tax sales always occur after a period of tax delinquency, often a lengthy one. Therefore, if trial courts could focus on the period of delinquency as opposed to the period of time elapsed after the tax sale occurred, there would be no point in the ‘reasonable time’ exception.”

Vanderburgh County Board of Commissioners Agenda

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AGENDA

Vanderburgh County

Board of Commissioners

July 30, 2019

3:00 pm, Room 301

  1. Call to Order
  2. Attendance
  3. Pledge of Allegiance
  4. Action Items 
    1. Resolution CO.R-07-19-011: Adopting the University Parkway Corridor Plan
    2. First reading of ordinance CO.07-19-015: Amending the Vanderburgh County Zoning Code: Model Overlay District
    3. Prosecutor: Professional Services Agreement with FSSA
    4. Health Department:  
      1. Immunization Grant Approval: Contract #35815
      2. PHEP Grant Approval: Contract #35453.
      3. Lab Director Contract with Chris Allen
  5. Department Head Reports
  6. New Business
  7. Old Business
  8. Consent Items
    1. Approval of July 23, 2019 Meeting Minutes
    2. Employment Changes 
    3. County Engineer:
      1. Department Report & Claims
      2. Pay Request No. 64: U.S. 41 Expansion TIF: $12,085
      3. Pay Request No. 53: University Parkway TIF: $16,398.02
      4. Pay Request No. 13: Phoenix Commerce Center TIF: $3,320.
    4. County Treasurer: June 2019 Monthly Report
    5. County Auditor: Claims Voucher Report: 7/22-7/26/2019
    6. Sheriff: Road Race/ Closure Request: River Run
    7. Superintendent of County Buildings: Old Courthouse Boiler Condensate Pump quote
    8. Commissioners:  Letter in Support of Enlarging the Evansville, IN MSA
  9. Public Comment
  10. Adjournment

IU’s King Wins Two More Gold Medals on Final Day of FINA World Championships

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 GWANGJU, South Korea – Indiana University postgraduate swimmer Lilly King put an exclamation point on a tremendous 2019 FINA World Championships in Gwangju, South Korea on Sunday morning.

In the final of the women’s 50m breaststroke, King successfully defended her title in the event, winning gold with a time of 29.84. The Evansville, Ind. native is just the second woman to repeat as world champion in the event. Earlier in the week, King also defended her crown in the women’s 100m breaststroke.

Later Sunday morning, King won another gold medal as part of Team USA’s women’s 4×100 medley relay. King split a 1:04.81 in her breaststroke leg to help the U.S. win gold with a world record time of 3:50.40.

With her three world titles this week, King now has seven for her career. She also won a pair of gold medals for Team USA at the 2016 Rio Summer Olympics.

IU postgrad Zach Apple collected his fourth medal on Sunday when the U.S. men’s 4x100m medley relay took second in the final. Apple earned his silver medal by swimming the freestyle leg (47.59) in the prelims, helping Team USA qualify second overall for the final with a mark of 3:32.50.

Indiana University swimmers and divers had a terrific showing at the 2019 FINA World Championships, winning a total of 12 medals. Current and postgrad IU swimmers and divers won seven gold medals, two silver and three bronze.

Also in the men’s 4x100m medley relay, Indiana postgrad Vini Lanza and Team Brazil placed sixth overall with a time of 3:30.86. Lanza split a 51.29 butterfly leg in the final.

In the men’s 4x100m medley relay prelims on Saturday night, rising IU junior Bruno Blaskovic and Team Croatia placed 19th overall with a time of 3:37.18. Blaskovic anchored for the team and posted a 48.72 freestyle leg.

Also, rising IU senior Mohamed Samy and Team Egypt placed 24th overall with a mark of 3:39.03. Leading off, Samy split a 55.23 backstroke leg.

LUCILLE SHOULDERS

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LUCILLE SHOULDERS

Boonville, IN. – Lucille Shoulders, 83, of Boonville, Indiana passed away after she lost her 3rd battle with cancer on Saturday, July 27, 2019 at St. Vincent Hospital in Evansville, Indiana.
Lucille was born on July 28, 1935 in Warrick County, Indiana to the late Duel and Dora (Ashley) Gentry.
She is preceded in death by her parents, brother, James Gentry; daughter, Jennifer Shoulders.
Lucille is survived by her children, Melissa (Leisa) Shoulders of Boonville, IN; Britt Shoulders (Laurie) of Newburgh, IN; grandchildren, Brittany (Shoulders) Nelson and her husband, Josh of Sterling Heights, MI; Tyler Shoulders and his fiancé, Allecia “Allie” Hull of Louisville, KY; Zach Graupner and his wife, Rhiannon of Bowling Green, KY; Robert Graupner and his wife, Kelsey of Norfolk, VA. Great-grandchildren, Kellen Morgan, Kinley Graupner, Brooks Graupner; future great-grandchildren, Abigail Nelson, and G; She has a special family in the Lindsey’s Charlotte, Jonathan, Faith Ann, and Isaac.
Memorial contributions may be made to the American Cancer Society.
A private celebration of life and burial will be held at a later date.
Koehler Funeral Home in Boonville, Indiana in entrusted with care.
Friends may send a condolence to the family at www.KoehlerFuneralHome.com

To send flowers to the family of Lucille Shoulders, please visit Tribute Store.

EPD REPORT

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EPD REPORT

Guidance counselor sues Roncalli, Indianapolis archdiocese

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Marilyn Odendahl for www.theindianalawyer.com

Editor’s note: This story has been updated.

A second teacher is suing the Archdiocese of Indianapolis, claiming she was subjected to a hostile work environment and discrimination because she is a lesbian and married to another woman.

Lynn Starkey filed a complaint Monday in the Southern Indiana District Court against the Archdiocese of Indianapolis and Roncalli High School. She had worked at Roncalli for 39 years, including 21 years as a guidance counselor, and received Teacher of the Year recognition in 2009. However, after she confirmed to the school principal that she was in a same-sex marriage, she was informed she had breached her employment contract and would not be offered an employment contract for the 2019-2020 school year.

“I dedicated my professional career to Roncalli,” Starkey said in a statement. “To be treated this way after 39 years has been devastating to me. I look forward to pursuing justice through my case.”

Responding to the lawsuit, the Archdiocese of Indianapolis maintained to accomplish its mission of teaching the Catholic faith, it asks the teachers, administrators and guidance counselors in its schools to uphold the teachings by word and action.

“As head guidance counselor, Ms. Starkey signed a contract acknowledging her role as a leader and committing to promote Catholic teaching, including the traditional Catholic teaching on marriage,” the Archdiocese said. “She knowingly violated that contract by entering a same-sex civil union — making clear that she disagrees with the Church’s teaching on marriage and will not be able to uphold and model it for her students. Thus, her lawsuit is clearly barred by (U.S.) Supreme Court precedent.”

Starkey is being represented by Kathleen DeLaney of DeLaney & DeLaney LLC in Indianapolis.

This is the second lawsuit filed this summer against the Indianapolis Archdiocese by a teacher. Joshua Payne-Elliot filed a complaint in Marion Superior Court after his contract at Cathedral High School was not renewed because he is in a same-sex marriage. DeLaney is also representing him.

Starkey is asserting Roncalli and the Archdiocese violated Title VII by discriminating against her on the basis of her sexual orientation and by retaliating against her after she filed a complaint with the Equal Employment Opportunity Commission.

Also, in Lynn Starkey v. Roman Catholic Archdiocese of Indianapolis, Inc. and Roncalli High School, Inc., 1:19-cv-3153, she claims she was retaliated against in violation of Title VII and Title IX.

Starkey contends she has suffered damages including lost pay, loss of future earning capacity, and loss of employer-provided benefits as well as emotional distress including mental anguish, pain and suffering.

According to her complaint, Starkey became concerned about her employment after her colleague, Shelly Fitzgerald, was removed from her job in August 2018 because she also, is in a same-sex marriage. A short time later, Starkey was then asked about her marital status by Roncalli Principal Chuck Weisenbach.

She told the principal she had a same-sex spouse.

Fearing she would be targeted next, Starkey filed charges of discrimination with the EEOC in November against the Archdiocese and Roncalli. In May 2019, she received a letter starting her contract would not be renewed for the following school year because her “civil union is a violation (of her) contract and contrary to the teach of the Catholic Church.”

While she worked at Roncalli, Starkey claims she had no ministerial functions. Her job did not include any religious duties nor was she required to perform any important religious functions for the church. She was not required to be a Catholic, attend mass or make a financial contribution to the church.

The defendants’ actions, according to the complaint, caused Starkey to suffer physical and emotion problems. She had to take leave from her job twice during the 2018-2019 school year to receive medical and mental health treatment.

Starkey is seeking compensatory damages, emotional distress damages and punitive damages along with attorney’s fees and costs.

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