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“READERS FORUM” MAY 21, 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.

HERE’S WHAT’S ON OUR MIND TODAY

We wonder where did the GAGE Board Of Directors get the money to pay for the enormous loss of our tax dollars during the 2009 Freedom Festival event?

 

WHAT’S ON YOUR MIND TODAY?

Todays “Readers’ Poll” question is: Are you pleased with the overall progress of Evansville since Mayor Winnecke took office?

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HEATHER DUNN NIEMEIER FUNERAL SCHEDULED FOR TODAY

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OBITUARY OF HEATHER DUNN NIEMEIER

Heather Dunn Niemeier, 43, of Evansville, Indiana, passed away Wednesday, May 15, 2019.

Heather was born on May 30, 1975, in Evansville, Indiana to her loving parents Gail (Russell) and John Dunn. Heather graduated in 1993 from Reitz Memorial High School. She received her Bachelors of Elementary Education and Social Sciences in 1997 and her Masters of Literacy Education from Vanderbilt University in 1998 where she joined Kappa Delta Sorority. In 2007, she received her Doctorate of Education from Oakland City University.

Heather’s passion for teaching flourished as her career touched many students at Percy Priest Elementary, Highland Elementary, and North Middle School. She expanded her expertise as she taught at the University of Southern Indiana and Oakland City University.

Together as Heather and Fred began their family, her love of teaching became even more evident with her own children. Heather loved children’s books and she shared that passion with her children and her students. She was certified in meditation and mindfulness and taught this to many.

We will miss her bubbly personality as we mourn the loss of this beautiful daughter, wife, mother, sister, and friend.

Heather is survived by her husband of 21 years, Fred Niemeier of Evansville, IN; children, Madison, Michael, and Emerson Niemeier all of Evansville, IN; parents, Gail and John Dunn; sister, Holly Dunn Pendleton (Jacob) of Evansville, IN; sister-in-law, Amy (Katie) Niemeier of Evansville, IN; and many nieces and nephews.

Heather was preceded in death by her sister, Kathy Dunn-Jagielski; and brothers, John Michael Dunn and John Melton Dunn, Jr.

Funeral services will be held at 10:00 AM on Tuesday, May 21, 2019, at Browning Funeral Home, 738 Diamond Ave., Evansville, IN 47711 with Pastor Jack Eberhardt officiating. Burial will follow at St. Joseph Catholic Cemetery.

Friends may visit from 4:00 PM until 7:00 PM on Monday, May 20, 2019, at Browning Funeral Home and again from 9:00 AM until service time on Tuesday at the funeral home.

Memorial contributions may be made to Holly’s House, P.O. Box 4125, Evansville, IN 47724.

Condolences may be made online at www.browningfuneral.com.

To send flowers to the family of Heather Dunn Niemeier, please visit Tribute Store.

USI Names Carey Dean Of The Romain College of Business

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Dr. Catherine (Cathy) Carey has accepted the position of dean of the Romain College of Business at the University of Southern Indiana. The announcement was made Monday, May 20 by Dr. Mohammed Khayum, USI provost, and is effective Monday, July 1. Carey will succeed Khayum as dean, who served in the position for 12 years before being named provost in 2018, and Dr. Brian McGuire, professor of accounting, who served as interim dean from 2018-2019.

“Dr. Carey has demonstrated success in effectively executing a range of strategic initiatives, dedication to designing high-quality educational experiences for students and steadfast support of the professional and intellectual development of faculty,” said Khayum. “I am looking forward to her contributions to our University.”

Carey has served as the interim dean of the Gordon Ford College of Business at Western Kentucky University since July 2018. She joined the WKU faculty in 1992 as assistant professor of economics, was promoted to associate professor in 1998 and professor in 2008, and served as chair of the WKU Department of Economics from 2012-2018. Additionally, Carey served as director of the WKU Center for Applied Economics.

“I am delighted and honored to be joining the leadership team, faculty and staff at USI,” said Carey. “The Romain College of Business is poised for additional growth in both its graduate and undergraduate programs and its AACSB dual-accreditation in business and accounting exemplifies the world class education that its students are already receiving. Together, we will build upon this tradition of distinction and innovation in business programs and entrepreneurship initiatives that prepare students for the careers of today and for those yet to come.”

As an administrator at WKU, Carey has overseen multiple hiring searches, instituted recruiting initiatives for high school students, led both college and departmental fundraising efforts and built new academic programs and opportunities for both students and faculty. She has been published in multiple peer-reviewed academic journals and served as program chair and president of the Kentucky Economic Association.

In addition to her service as an administrator and academic, Carey has presented on economic issues to the Bowling Green Chamber of Commerce, Glasgow and Warren County Rotary Clubs, the board of the Kentucky Division of Financial Institutions and the Kentucky Economic Association. She was named a Dugas Family Professor by WKU in 2017, and is the recipient of multiple grants and awards for her leadership, research and expertise. She holds a bachelor’s degree in business and economics, and both master’s and doctoral degrees in economics, all from the University of Kentucky.

The Romain College of Business, one of four colleges at USI, is AACSB-accredited for both its business and accounting undergraduate and graduate programs, a distinction shared by only select accredited institutions. The college offers 8 bachelor’s degree programs, 11 minors and a Masters of Business Administration program that is available in traditional and accelerated, online formats. For more information, visit the Romain College’s website at USI.edu/business.

AG Curtis Hill Defends Ban On Abortions In Which Living Fetuses Are Ripped From The Womb

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Attorney General Curtis Hill last week filed documents in U.S. district court defending an Indiana law banning dismemberment abortions. In these second-trimester procedures, physicians use forceps to rip live fetuses piece by piece from their mothers’ wombs. As they are being dismembered, the fetuses bleed to death.

Representing a physician who performs dismemberment abortions, attorneys from the American Civil Liberties Union filed a lawsuit in April challenging the constitutionality of Indiana’s ban on the procedure. On May 17, Attorney General Hill filed a response to an ACLU motion for a preliminary injunction against the law that would prevent it from going into effect July 1 as planned.

“Indiana has a compelling interest in protecting the value and dignity of fetal life by banning a brutal and inhumane procedure,” Attorney General Hill said. “This ban on dismembering a live fetus imposes no undue burden whatsoever on a woman’s decision whether or not to bear a child.”

Under current Indiana law, a physician performing a second-trimester abortion has multiple options. For example, he or she may administer one of several available chemicals that cause fetal death in the womb. Once a fetus is dead, a physician may then proceed with dismemberment and extraction – avoiding the prospects of fetal pain and suffering that coincide with live dismemberment.

Two other abortion options during the second trimester include: 1) inducing labor to cause delivery of a non-viable fetus and 2) snipping the fetus’s umbilical cord, which causes the fetus to die within a few minutes, at which time the physician may proceed with dismemberment and extraction.

“These other second-trimester abortion procedures, though repugnant, do not impose additional undue cruelty upon a live being,” Attorney General Hill said. “In Indiana, we should stand strong for a culture of life and protect our fellow humans as far as the U.S. Supreme Court will allow. Nonetheless, the fact remains that Indiana’s prohibition against dismemberment abortions would not affect the legality of any other legally permitted abortion procedures.”

The plaintiff in this case, Dr. Caitlin Bernard, performs dismemberment abortions at IU Health Methodist and Eskenazi hospitals, both in Indianapolis.

Indiana Law Schools Likely Will Meet New ABA Bar Exam Standard

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Marilyn  Odendahl for www.theindianalwyer.com

Law schools must now have 75 percent of their graduates pass the bar exam within two years of completing their J.D. degrees after a twice-defeated accreditation standard was approved Friday by the American Bar Association. Opponents worry the change will hurt efforts to diversify the legal profession.

The Council of the ABA Section of Legal Education and Admissions to the Bar approved the ultimate bar passage standard, which revises Standard 316. In a memorandum, the council maintained the new rule sets forth more straightforward and clearer expectations for law schools while protecting students from taking on significant debt to pay for a legal education but not being able to meet the requirements to practice law.

“Most students go to law school to become lawyers,” Barry Currier, managing director for the ABA law school accreditation process, said in a statement after the approval of the new standard. “Becoming a lawyer requires passing the bar exam. How well a school’s graduates perform on the bar exam is a very important accreditation tool to assess the school’s program of legal education.”

Ultimate bar passage data from the ABA indicates the Indiana law schools that are admitting students will be able to meet the new standard.

The Two-Year Passage Rate For 2015 Graduates Is As Follows:

Indiana University Maurer School of Law, 85.48 percent;

 Indiana University Robert H. McKinney School of Law, 83.92 percent, and;

 University of Notre Dame Law School, 97.19 percent.

For 2016 Graduates:

 IU Maurer, 93.55 percent;

 IU McKinney, 83.65 percent, and;

 

 Notre Dame, 94.01 percent.

Valparaiso Law School’s ultimate bar passage rate was 69.35 percent for 2015 graduates and 65.99 percent for 2016 graduates. The northwest Indiana school stopped enrolling students in the Fall of 2018 and has announced it will close in 2020.

The revised bar passage standard was defeated twice by the ABA House of Delegates. After the proposal was rejected at the February 2017 mid-year meeting, the council collected additional data on passage rates and engaged in conversations with some law school deans and association leaders. However, the House of Delegates again voted against the revision at the February 2019 mid-year meeting.

Pushback to the new standard was strong. Opponents have concerned the change to the passage rate would disproportionately impact minority students and law schools in states where the passing score is comparatively high.

Indiana University Maurer School of Law dean Austen Parrish was among those who argued against the adoption of the revised standard.

He asserted the new rule would not improve the quality of legal education but put the focus more strongly on admissions. Acknowledging the concerns over debt and law schools taking lower qualified students who cannot pass the bar, Parrish still viewed the proposed bar passage standard as the ABA taking a paternalistic approach and barring students — most often from immigrant, minority and less-privileged backgrounds — from the opportunity to practice the law.

After the standard’s adoption, Currier said the council understands this is a complex matter and appreciates the attention from the House of Delegates and the legal education community.

“After a thorough review of their concerns and several years of study …, we are confident the changes to Standard 316 are a significant improvement over the current standard and should not have the adverse impacts predicted by those who expressed concerns about the revisions,” Currier said in a statement. “The Council will closely monitor bar outcomes under the new standard. If further change is needed or would be desirable, the Council can make those changes.”

MARITIME DAY CELEBRATION WEDNESDAY, MAY 22, 2019

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Location – Owensboro, KY Convention Center – 501 West 2nd Street

Kentucky Legend Pier weather permitting otherwise inside the front lobby of convention center

Start Time – 3:00 PM CST & should last no more than 60 minutes

The International Propeller Club of the United States – Port of Evansville, IN welcomes you to the National Maritime Day celebration. This day as recognized by the United States Congress in 1933, shall be observed as a “National Maritime Day” a holiday that both honors and celebrates the Merchant Marine and the first steam-powered transoceanic voyage when the American Steamship Savannah set sail from the port of Savannah, GA in 1819.

CEREMONY PROGRAM

 Welcome – Mickey Hammers / Propeller Club Port President National Anthem – Jake Tabor / Local Band Director
 Pledge of Allegiance
 Maritime Day Opening Comments – Mickey Hammers

 Keynote Speakers
o Owensboro River Port – Brian Wright / President / CEO Daviess County Commissioner – George Wathen

 Reading of US Federal Proclamation – George Wathen Wreath Ceremony in honor of all Brave Mariners

o Playing of Taps – Owensboro VFW

o Retrieval of Wreath – Evansville Marine Service Closing Prayer – Tom Epperson / Corn Island Shipyard Dismissal

THANK YOU

The International Propeller Club of the United States – Port of Evansville, IN would like to provide a special thank you to all those that provided support to help celebrate our Maritime Day Celebration as well as the continued support of our club.

DEATH LIST REPORT FOR VANDERBURGH COUNTY

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DEATH LIST WK 5-13-19 TO 5-17-19

Otters, Slammers to have post draft tryout camp

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The Evansville Otters and Joliet Slammers will host a Frontier League post-draft tryout camp Monday, June 17 at Grand Park in Westfield, Ind.

 This workout serves as an open tryout for players who are seeking an opportunity to sign a professional contract for the 2019 season during the post amateur draft period. Only the first 100 players to sign up will be accepted.

 The event gives each player a chance to showcase their talent in front of Frontier League managers and coaches as well as Major League organizational scouts. The Joliet Slammers, Evansville Otters and Arizona Diamondbacks organizations will be represented at the tryout.

 “Joliet and Evansville both put great emphasis on these tryout camps,” Otters manager Andy McCauley said.

 Tryouts start at 9 a.m. Position players can check in from 8:30 a.m. through 9 a.m. and pitchers can check in from 11:30 a.m. to noon (all times local).

 “These tryout camps have been successful in previous years as evidenced by the signing of over 20 players from our three camps last year,” McCauley said.

 The Frontier League is a professional, independent baseball organization located in the Midwestern United States. The league formed in 1993 and is the oldest active independent league.

 To be eligible to play in the Frontier League, you must be at least 18 years old to play and must have been born on or after October 1, 1992, to be eligible.

 

Divided Appeals Court Reduces Child Molester’s Sentence

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Katie Stancombe for www.theindianalawyer.com

 

A divided Indiana Court of Appeals panel cut a child molester’s sentence in half after it concluded that the length of his sentence was inappropriate due to his dementia and incompetence, among other things.

Harry Truman Smith was convicted in Clark Circuit Court of one count of Level 1 felony child molesting and one count of Level 4 felony child molesting after he fondled his then-7-year-old niece.

Before trial, two competency evaluations conducted on Smith revealed that he at one point could read and write but was no longer able to do so after he sustained a traumatic brain injury from a severe motor vehicle accident. He was also evaluated to have “significant memory deficits” due to dementia that rendered him incompetent to stand trial.

The same was concluded by two court-appointed physicians who examined Smith. They noted that “it would be relevant as to whether [Smith] had been charged with previous crimes of a similar nature prior to his development of dementia or dementia may have led to impairment in judgment [sic] and impulse control that played a role in the current proceedings.”

Both physicians also concluded that Smith was not competent to stand trial; however, Smith agreed to plead guilty to the convictions, both as Level 4 felonies. Smith’s counsel stated in part that Smith’s “mental faculties have failed” and his time at a mental health hospital “certainly played a major part … in the crime.”

Smith ultimately received a 16-year sentence for his convictions, splitting the appellate panel in its memorandum decision, Harry Truman Smith v. State of Indiana (mem. dec.),18A-CR-2493.

On appeal, Smith argued that his offenses were “not the worst of these types of offenses” defined under Indiana statute and that they happened within a short time frame. He further contended that being a 69-year-old man with only a 7th-grade education, a traumatic brain injury, dementia, and no criminal record, proved his sentence was inappropriate based on his character.

Judge Elaine Brown and Judge Paul Mathias agreed, and their majority opinion thus reversed the trial court. They found Smith’s sentence to be inappropriate in light of the nature of the offenses and his character based on those factors.

The majority also concluded Smith’s overall risk assessment score using the Indiana risk assessment system placed him in the low risk to re-offend category. The appellate court, therefore, remanded for an amended sentence of eight years per count, with two years suspended, to be served concurrently after finding Smith had led “a law-abiding life for a substantial period before the commission of the offenses.”

But Judge Melissa May dissented from the majority in a separate opinion, arguing that she would not reduce Smith’s sentence as there was “nothing inappropriate” about it.

“While the record demonstrates Smith has dementia and cognitive deficits from traumatic brain injury, there is no suggestion that these memory or processing issues were responsible for Smith being unable to appreciate the heinous wrongfulness of his touching his seven-year-old great-niece’s vagina on multiple occasions,” May wrote.

“Were their such evidence,” May continued, “I would question whether Smith should have been advised to plead guilty, but I would not question that society should be protected from Smith for at least sixteen years.”

Indiana’s Capobianco and Hixon Win Synchro National Title

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Current Indiana University diver Andrew Capobianco and postgrad diver Michael Hixon won the men’s synchronized 3-meter dive national title at the 2019 USA Diving National Championships on Monday.

With the victory, Capobianco and Hixon earned the opportunity to represent the U.S. in this summer’s FINA World Championships in the event.

The duo finished with 406.44 points in the 3-meter synchro final to win the national title. Hixon and Capobianco had two dives score more than 80 points in the finals, with a reverse 1 ½ with 3 ½ twists earning 84 points and an inward 3 ½ tuck scoring 83.64 points.

They had a miss on their front 4 ½ tuck for just 62.70 points in the final, but the duo scored 90.06 points on that same dive in the preliminaries. The pair won their first international medal together with a bronze medal at the FINA World Series in Montreal last month.

In the women’s synchronized 10-meter dive final, IU postgrad Jessica Parratto and partner Delaney Schnell took third with a score of 280.38 points.

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