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Grand Slam Hurts The Otters In 8-1 Loss To Rascals

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The Evansville Otters saw their run-scoring offense go quiet against the River City Rascals Friday night, falling 8-1 as River City’s JD Hearn hit a grand slam to give the Rascals the edge in game one.

Otters starting pitcher Jake Welch was coming off three straight wins, hoping for his fourth at Bosse Field on Friday night.

The 6’6” right hander for Evansville had a tough start to the game, walking the first two batters he faced.

With one out in the top of the first, All-Star third baseman Braxton Martinez ripped an RBI single to score Trevor Achenbach, giving the Rascals the first run of the game.

The start of the third inning did not go as planned.

With one out, Welch walked three straight batters and hit first baseman Zach Lavy, which scored Achenbach to extend the Rascals lead to two.

JD Hearn crushed a grand slam over the centerfield wall, his first of the year, to give the Rascals a 6-0 lead.

Welch was then pulled, receiving his first loss of the year since May 15, throwing 2.1 innings, allowing six runs on two hits.

The Otters had a chance to gain momentum in the bottom of the third.

With one out and men on first and second, Ryan Long hit a line drive that was caught by Lavy and tagged Keith Grieshaber for a demoralizing double play.

The Otters scored their only run of the game on an RBI groundout by Hunter Cullen in the bottom of the fourth.

Rascals starter Micah Kaczor made his second start of the season, throwing 4.2 innings while allowing one run on seven hits.

He was relieved for Anthony Herrera, who earned the win, pitching 1.1 innings while allowing zero earned runs.

The Otters and Rascals combined to use seven relievers to finish off the game, as Malcolm Grady, Jacob Hulcher, and Chris Cepeda entered the game for the Otters.

Hulcher allowed a two-run double to Achenbach, his 19th of the season, as the Rascals scored eight runs on five hits.

The Otters hit the ball well, but were not able to put more runs across home plate, scoring one run on 10 hits. Three of those hits came from second baseman David Cronin, who was 3-4 with two singles and a double.

EPD REPORT

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EPD REPORT

“READERS FORUM” JUNE 29, 2019

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We hope that today’s “READERS FORUM” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.

WHAT’S ON YOUR MIND TODAY?

Todays “Readers Poll’ question is: Do you feel that the newly approved “Sports Book” betting in Indiana are going to hurt the Kentucky Casinos?

If you would like to advertise in the CCO please contact us at City-County Observer@live.com

Footnote: City-County Observer Comment Policy. Be kind to people. Personal attacks or harassment will not be tolerated and shall be removed from our site.
We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language and insults against commenters shall not be tolerated and will be removed from our site.
Any comments posted in this column do not represent the views or opinions of the City-County Observer, our media partners or advertisers.

USI Trustees Appointed By Governor

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Engbers Named To Indiana Commission for Higher Education

Governor Eric Holcomb has reappointed one trustee to the University of Southern Indiana Board of Trustees and named two new trustees to the board. Returning trustee Jeffrey L. Knight of Evansville was reappointed to serve a four-year term. Knight was first appointed to the board in 2006 and has previously been reappointed in 2007, 2011 and 2015.

New trustee appointments are Christina M. Ryan of Newburgh, Indiana, and student trustee Josi Barscz of Huntington, Indiana. Ryan will serve a four-year term, while Barscz will serve a two-year term as student trustee.

Ryan serves as chief executive officer of The Women’s Hospital at Deaconess Health System, Inc.  She has been an administrator at Deaconess since 1999 when she was recruited to help with the initial plans, construction and successful opening of the Women’s Hospital in Newburgh, Indiana. Ryan served as director of Women and Children Services at St. Margaret Mercy Healthcare Centers in Northwest Indiana from 1989 to 1999, where she worked on a federal grant and was awarded $7 million to help reduce infant morbidity and mortality for the cities of Gary, Hammond and East Chicago. She was appointed by the Mayor of Hammond to oversee the grant funds and programming and opened a prenatal clinic for the indigent, as well as a pediatric intensive care unit and new birthing center.

Ryan’s civic and community involvement includes serving as the Southwest Division Chairman for March of Dimes, as a board member for Building Healthier Communities and the Leadership Evansville Public Schools Foundation Board, as secretary for the Advisory Council for Infant Mortality, The American Hospital Association Governing Council for Maternal Child Health, and on the Welborn Baptist Foundation Advisory Committee for Movement.

She received her bachelor’s degree in nursing with a minor in psychology from Elmhurst College in Elmhurst, Illinois, and a master’s degree in health administration from Indiana University.

Barscz, USI Class of 2022, is a biochemistry major with minors in Spanish and military science. She is a participant in the Honors Program and currently holds a 4.0 cumulative GPA. She works as an academic skills tutor at USI and is a member of the Army ROTC. She is involved in a number of groups and activities including Emerging Leaders, Timmy Global Health, American Chemical Society, American Sign Language Club and the Rugby Club.

The student trustee, a voting member of the nine-member USI Board of Trustees, brings a student’s perspective to the governing board. The student trustee must be a full-time student, a U.S. citizen and resident of Indiana, have a 2.5 GPA or above, and have completed 24 semester credit hours at USI.

The USI Board of Trustees has nine trustees and must include one alumnus of the University, one current student and one resident of Vanderburgh County. Trustee terms are for four years, except for the student term, which is two years.

Additionally, Governor Holcomb appointed Dr. Trent Engbers, USI assistant professor of political science and director of USI’s Master of Public Administration Program, as the faculty member of the Indiana Commission for Higher Education for a two-year term.

Zionsville Lawyer Announces Challenge To Attorney General Hill

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By Abrahm Hurt
TheStatehouseFile.com

INDIANAPOLIS—Zionsville attorney John Westercamp announced Thursday that he will challenge embattled Attorney General Curtis Hill for the 2020 Republican nomination.

Thirty-year-old Westercamp has practiced law at Bose McKinney & Evans since 2014 where he focuses on representing clients in mergers and acquisitions matters and in negotiating, procuring and drafting economic development agreements.

“I feel like Indiana’s given me so many great opportunities, and it’s important that we keep a pro-life, principled, conservative Hoosier in the attorney generals office next November,” he said at a news conference.

Westercamp formally announced his candidacy on Thursday in Indianapolis and three other locations: Elkhart, Fort Wayne and Evansville.

Westercamp said he would bring a private sector perspective to the office because he works with small and medium-sized Hoosier companies.

He said he would also like to address the number of robocalls across the state.

“Too little has been done to address this issue,” he said. “If elected I would work with the state to negotiate contracts with telecom providers that would require those providers to use big data to reduce the number of robocalls Hoosiers receive on their cell phones.

Hill, the current attorney general who has served since 2017, was accused of sexual misconduct after a March 2018 party at the end of the legislative session.

The four women—Rep. Mara Candelaria Reardon, D-Munster; Niki DaSilva, a legislative assistant for Indiana Senate Republicans; Samantha Lozano, a legislative assistant for Indiana House Democrats; and Gabrielle McLemore, communications director for Indiana Senate Democrats— say Hill was drunk, made sexual comments and groped them.

Hill has denied wrongdoing, threatened to sue his accusers and has refused to step down from his position despite Gov. Eric Holcomb and legislative leaders calling for his resignation.

“I think the distractions around the attorney’s general office is not good for the state of Indiana, and we need new leadership,” Westercamp said.

Last October, a special prosecutor appointed to look into the allegations, decided not to file charges against Hill. However, the Indiana Supreme Court disciplinary commission has filed a 10-page complaint against Hill, accusing him of committing both felony-level and misdemeanor battery while acting “with the selfish motive to arouse his sexual desires” in March.

A hearing on the disciplinary charges before retired Supreme Court Justice Myra Selby will be held starting Oct. 2. Hill could face the loss of his law license, which in turn could cost him his elective office because Indiana law requires the attorney general to be licensed to practice law.

The four women also filed a civil lawsuit against Hill and the state claiming they have been subjected to harassment and discrimination since making their complaints more than a year ago.

Westercamp has never run for public office, but he has served as a delegate to the Indiana Republican convention in 2008 and 2014.

He earned his bachelor’s degree in management and his master’s in finance from Purdue, and was graduated from Indiana University’s Maurer School of Law in 2014.

Attorney general candidates are nominated at their party conventions and not by primary elections. The Indiana GOP will name a candidate at its 2020 state convention.

Abrahm Hurt is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.

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Senator Braun Announces Staff Mobile Office Hours for July 2019

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U.S. Senator Mike Braun announced his staff mobile office hours in July to better assist Hoosiers.

“I have been working hard on behalf of Hoosiers in D.C. to lower prescription drug prices, overhaul our healthcare system, and stop government overreach,” said Senator Mike Braun. “My staff will be holding mobile office hours around the state to better assist Hoosiers in these areas and other concerns.”

– MOBILE OFFICE HOURS - 

Jasper 

Tuesday, July 23 at 10:00 AM to 12:00 PM

Jasper Mayor’s Office

610 Main Street

Jasper, IN

Loogootee 

Tuesday, July 30 at 10:00 AM to 12:00 PM

Loogootee Mayor’s Office

401 John F Kennedy Avenue

Loogootee, IN

Princeton 

Friday, July 12 at 4:00 PM to 8:00 PM

Toyota Event Center on the Fairgrounds

709 N Embree Street

Princeton, IN

 

 

 

 

 

 

 

 

 

Court To Decide Whether Seizure Of Car For Minor Drug Offense Was Excessive

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Court To Decide Whether Seizure Of Car For Minor Drug Offense Was Excessive

By Victoria Ratliff
TheStatehouseFile.com

INDIANAPOLIS—More than five years after the state seized his car, Tyson Timbs was back before the Indiana Supreme Court Friday arguing that taking his $40,000 car for a $260 drug deal is excessive and unconstitutional.

Timbs had used his Range Rover when he sold heroin to an undercover police officer, but “it was grossly disproportionate to his crime,” said Sam Gedge of the Virginia-based Institute for Justice, who is representing Timbs in this case.

Timbs has been battling to recover the vehicle he bought with money he inherited from his father. After selling the heroin to the undercover police officer, he pleaded guilty to his crime and was sentenced to one year of house arrest and probation. That’s when law enforcement seized his vehicle because he had driven it when he sold the drugs.

Timbs went to state court to recover his car and initially won. But when the case landed before the state Supreme Court, he lost.

That’s when he and his lawyers appealed to the U.S. Supreme Court, where they argued the punishment was disproportionate to the crime. The high court heard arguments last fall and in February issued a ruling in Timbs’ favor, saying the Eighth Amendment protection against excessive fines and punishment applies to the states.

The case was sent back to the state Supreme Court to rule whether the seizure of Timbs’ vehicle was, in fact, excessive.

Timbs’ lawyers say the state has changed its tune—it is no longer arguing whether the punishment is proportional to the crime but that, under law, the state has a right to seize the vehicle because it was used in the crime.

“What should matter is instrumentality,” Indiana Solicitor General Thomas Fisher said, arguing that under Indiana law the mere fact that the vehicle was used when Timbs sold heroin justifies its seizure.

Gedge argued that treating every offender the same and delivering the same level of punishment is dangerous. He said that someone who sold $260 of heroin shouldn’t face the same public forfeiture as someone who is charged with more serious crimes, or someone running a drug ring.

Fisher said that since Timbs admitted to using the rest of his inheritance to buy drugs, he could have faced a much more serious sentence. Therefore, he argued, the seizure of the vehicle was proportionate in relation to the 20-year sentence he could have faced.

“If 20 years wouldn’t be grossly disproportionate, I don’t see how $40,000 would be,” Fisher said.

Chief Justice Loretta Rush said that there was no way for the court to know whether the vehicle was ever actually used in the other drug transactions.

“There’s no range or scope to how often it was used,” she told Fisher.

Gedge argued that the court needs to also look at the ruling in Timbs’ criminal case. The judge in that case gave Timbs a relatively light sentence because she believed the offense was a minor one.

Furthermore, seizing the vehicle was excessive because it made it more difficult for Timbs, who had little money or resources, Gedge told the justices. He also said that Fisher needs to look at what actually came of the criminal case, not the charges Timbs could have received.

A range of organizations from the liberal American Civil Liberties Union to the libertarian Cato Institute filed briefs with the court in support of Timbs’ position.

Rush said that the court will discuss the case more and will then issue its decision.

Victoria Ratliff is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.

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Clark County Judge Adams Indicted As Result Of Shooting

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IL for www.theindianalawyer.com

Clark Circuit Judge Andrew Adams has been indicted on seven counts and is facing suspension from the practice of law as a result of the May 1 early morning shooting in downtown Indianapolis that left him and Clark Circuit Judge Bradley Jacobs severely injured.

Marion County Prosecutor Terry Curry announced the indictment against Adams, as well as Brandon Kaiser and Alfredo Vazquez, Friday at his office. The Indiana Commission on Judicial Qualifications filed a request that Adams be suspended with pay a short time later.

Kaiser, 41, was indicted on 14 counts, including four counts of aggravated battery as a Level 3 felony, and two counts of battery with a deadly weapon as a Level 5 felony. Adams and Vazquez were indicted on identical charges including two counts of battery resulting in moderate bodily injury as a Level 6 felony and two counts of batter resulting in bodily injury as a Class A misdemeanor.

The grand jury declined to file charges against Jacobs.

Larry Wilder, the Jeffersonville attorney who has been serving as a spokesman for Adams and Jacobs, did not respond to a request for a comment by IL deadline.

Curry said his office is coordinating with the attorneys representing Adams, Kaiser and Vazquez to arrange their surrender, which he anticipates will happen early next week.

Curry repeatedly called this case complex and declined to release many details, but he did hint at what contributed to the difficulty.

“In situations where it appears to us that self-defense will be a potential issue, it’s not unprecedented that those are matters that we have presented to the grand jury in the past to let the grand jury sort it out because that is such a fact-sensitive subject,” Curry said. “Once we reviewed everything, as I said, we felt there was just any number of possible results or conclusions that could flow from a jury reviewing the evidence that was presented.”

For this case, the prosecutor said a second grand jury was empaneled June 7, in addition to the grand jury that is regularly empaneled. This is the first time Curry said he could recall that a second grand jury has been convened. Evidence was presented to both grand juries this week.

Also, according to Curry, all four individuals were granted use immunity solely to provide testimony for the proceeding in which they were the alleged victims.

“In reviewing all the information and evidence that had been provided to us, it was our opinion that there were numerous significant legal and factual issues arising from this investigation,” Curry said. “Depending upon how those issues were resolved, it was possible for a variety of results, including the possibility that all four individuals involved in the incident could be charge with a crime.”

According to the indictment of Kaiser, he was charged with aggravated battery for shooting at or against Adams and Jacobs with a firearm and knowingly inflicting injury.

Adams’ charges came from hitting and wrestling Vazquez in a manner that resulted in bodily injury and kicking Kaiser, according to the indictment. Likewise, Vazquez was charged with hitting and kicking Adams and Jacobs.

Friday afternoon, the JQC filed a motion to suspend Adams with pay.

The commission filed a Notice of Criminal Charges and Request for Suspension against Adams immediately upon learning of the felony indictment, the Indiana Supreme Court announced Friday.

The request asks that Adams be suspended with pay from his position as judge of Clark Circuit Court 1 pending further order of the court or a final determination of any disciplinary proceeding that may result from the criminal charges.

Curry could not provide any details on what happened May 1 other than to say there was a fight.

As previously reported, Adams and Jacobs were outside a White Castle restaurant near downtown Indianapolis. The pair were in town to attend the Spring Judicial Conference.

The judges were taken to the hospital, treated and eventually returned to their Clark County homes to recover a little more than two weeks after the shooting. Other than a few text messages from Jacobs to some of his friends, the judges have not spoken publicly.

Indianapolis residents Kaiser, 41, and Vazquez, 24, were arrested a few days later for their alleged roles in the shooting. However, after appearing in court, the Marion County Prosecutor’s Office declined to press charges and the two men were released.

AGELESS WISDOM

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AGELESS WISDOM

By Jim Redwine

When Jeanne and Nathan Maudlin as representatives of New Harmony, Indiana’s Working Men’s Institute  that along with the University of Southern Indiana and the New Harmony Kiwanis Club is helping sponsor this year’s New Harmony Fourth of July celebration asked me to speak, my first thought was to research prior speeches. I am a judge after all and precedent is important to me. Jeanne graciously sent me a copy of the excellent book, New Harmony’s Fourth of July Tradition, by Donald Pitzer and Josephine Elliott.

The book includes verbatim Fourth of July speeches given by Robert Owen (1826), William Owen (1827) and Frances (Mad Fanny) Wright (1828). Each talk contains observations and advice that address issues that could have been found on the front pages of today’s newspapers or on T.V. news programs. War and peace, racial problems, women’s rights, religious discrimination and freedom of thought and action are exposited clearly.

Independence as declared on July 04, 1776 and our country’s often slow and incremental progress toward accomplishing the ideals encapsulated in our Constitution are referenced or implied in each address. As Frances Wright explained, the genius of our Founders was they gave us a government that we could change if we needed and wanted. Mad Fanny was called mad in 1828 because she called for freedom from religion, freedom for enslaved Negroes, equality for women and liberty from wars of aggression for the United States of America and all other countries. As not so mad Fanny might observe today, America has made substantial progress toward these ideals through incremental, democratic, constitutional change. Of course, we still have work to do.

In his address on July 04, 1827 William Owen, Robert’s twenty-five year old son, concentrated on the evils of superstition and bloody wars of aggression as egged on by various religions. And William Owen thanked the heroes of July 04, 1776 for fighting for our liberty and freedom of speech:

“Are we prepared to exercise the right, as we enjoy the power, secured to us by the heroes
of the revolution, of expressing our thoughts openly and sincerely? Are we willing to run
the risks they encountered? Are we ready like them to meet the prejudices of past times, to
risk name and reputation in the cause of truth, – in defense of the honest expression of our
opinions?”

William both recognized the sacrifices made by our Founders and cautioned of the repercussions should we fail to follow our own Constitution:

“Man had been slowly but gradually freeing himself from that thraldom in which he was
so long enslaved, when our ancestors, on that day, the anniversary of which we this
morning celebrate, by one bold step recovered that state of liberty and independence, which
is the birthright of humanity, and gave a death blow, to the unnatural league between
despotism and superstition, by the adoption of a Constitution, which forever precludes, so
long as adhered to, the recurrence of such an unhappy connection.”

Robert Owen, whose vision of humanity and equality was the bedrock of the secular commune of New Harmony, 1825-1828 (c), on July 04, 1826 fearlessly stated his view as to the root cause of the world’s evils:

“Religion, or Superstition – for all religions have proved themselves to be Superstitions, –
by destroying the judgment, irrationalized all the mental faculties of man, and made him
the most abject slave, through the fear of non-entities created solely by his own disordered
imagination.”

Owen was a wealthy industrialist who cared about his workers and their families. He put in place many of the better conditions of employment that eventually were adopted by the United States of America, and other countries. Owen fought for women’s equality, freedom from religion and the avoidance of wars of aggression. And along with numerous other idealists such as his own sons, William Maclure of the Working  Men’s Institute fame and Frances Wright, Robert Owen established a legacy that all of us in Posey County should treasure.

Gentle Reader, if you wish to help carry on New Harmony’s Fourth of July traditions of celebrating our Independence, the festivities begin the morning of July 04, 2019 at the Atheneum in New Harmony. Peg and I plan to be there and look forward to the reading of the Declaration of Independence by our friend Chuck Minnette as well as a golf cart parade, hot dogs and patriotic music. Hope to see you there. Happy birthday!

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