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BREAKING NEWS: No Charges Against AG Hill, But Lawmaker, Victims To Sue

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No Charges Against AG Hill, But Lawmaker, Victims To Sue

October 23, 2018

 

Special prosecutor Dan Sigler announced Tuesday morning he would file no criminal charges against Indiana Attorney General Curtis Hill, who was accused this summer of groping four women. But the alleged victims said they would sue Hill and the AG’s office after Hill, whom Sigler said admitted that he consumed a significant amount of alcohol and admitted to touching the women the night of the alleged incidents.

Sigler said at a news conference Tuesday morning that charges of battery or sexual battery could not be proved because there was no indication Hill used force or acted in a rude, insolent or angry manner as required by statute. He said 56 witnesses were interviewed during his investigation, including victims who claimed they were inappropriately touched. Sigler said he believed them, but evidence of a crime was lacking. He said he and the Indiana Inspector General will file a report, and that Hill gave a video statement. It was determined Hill consumed a significant amount of alcohol before he arrived at a party where the alleged groping took place.

Hill has been the subject of an investigation after allegations came to light. Democratic Rep. Mara Candelaria Reardon, D-Munster, and three legislative assistants allege the attorney general touched them inappropriately and made unwanted sexual advances at a party after the end of the 2018 legislative session at AJ’s Lounge in Indianapolis. Sigler said there was video from inside AJ’s the night of the incidents, but it was recorded over.

Reardon said at the news conference Tuesday she was proud to stand with brave women and that Hoosiers know Hill’s “egregious” behavior is unacceptable. Reardon said she and other victims want Hill to resign.

Despite calls for him to resign from Gov. Eric Holcomb and legislative leaders, Hill maintains he has been falsely accused. The matter was turned over to the Indiana Inspector General’s office and at the request of Marion County Prosecutor Terry Curry, a special prosecutor was appointed.

Sigler, a senior prosecuting attorney from Allen County, was tapped to serve as special prosecutor for this matter. Although Hill argued the appointed of a special prosecutor was premature, Marion Superior Judge Lisa Borges issued the order July 24.

The allegations of sexual misconduct surrounding the attorney general surfaced during the summer after a report from Taft Stettinius & Hollister was leaked.

Hill went on the offensive, threatening to file a defamation lawsuit and starting a legal defense fund. During a September interview on CSPAN, Hill said he was fighting a guilty-until-proven-innocent mentality when questioned about the allegations.

FOOTNOTE: This story will be updated.

 

Chaney leads Aces in round one of Braun Intercollegiate

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Final round set for Tuesday

 

With the opening round of the Charles Braun Intercollegiate in the books, the University of Evansville women’s golf team ranks in 9th place at Oak Meadow Country Club.

 

Madison Chaney led the way for UE on Monday, carding an 80 to sit in a tie for 17th position.  She was followed by the duo of Sydney Anderson and Sophia Rohleder.  Both completed the day with rounds of 82 and are tied for 27th place.

 

Next up was Lexie Sollman.  Her score of 87 on Monday has her tied for 55th while Alyssa McMinn recorded a 93 in the first round.  Caitlin O’Donnell was the Aces individual and posted a 97.

 

It is a crowded leaderboard as the top 11 teams are separated by just 16 strokes.  Southern Illinois leads the standings with a 317 while Northern Kentucky is second with a 318 while IUPUI is two back with a 319.

 

The Jaguars’ Marion DeBove leads the individuals with a 70.  Her 2-under round leads the pack by seven strokes.  Behind her, six players are tied for second place with scores of 77.

 

Evansville is in 9th place with a 331.  They are four behind Green Bay while sitting two shots ahead of 10th spot.  On Tuesday, the final round of the tournament begins at 10 a.m.

 

Gov. Holcomb Public Schedule for October 23 and 24

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INDIANAPOLIS – Below find Indiana Gov. Eric J. Holcomb’s public schedule for October 23 and 24, 2018.

 

Tuesday, October 23: Cybertech Midwest Conference

WHO:              Gov. Holcomb

 

WHAT:            The governor will participate in a discussion with Bryan Langley, Executive Director of the Indiana Department of Homeland Security and Todd Probert, Vice President of Support and Modernization at Raytheon Intelligence, Information and Services.

 

WHEN:            8:30 a.m., Tuesday, October 23

 

WHERE:          JW Marriott Hotel
Wabash Room (Basement) – Left/West side of room
10 S. West St.

Indianapolis, IN 46204

 

Wednesday, October 24: Manhattan Institute’s The New American Heartland: Putting Ideas to Work

WHO:              Gov. Holcomb

 

WHAT:            The governor will participate in a Q&A with Troy Senik, Senior Vice President of Programs at the Manhattan Institute.

 

WHEN:            1 p.m., Wednesday, October 24

 

WHERE:          The Columbia Club
121 Monument Circle
Indianapolis, IN 46204

 

Wednesday, October 24: 91st National FFA Convention and Expo

WHO:              Gov. Holcomb

 

WHAT:            The governor will make remarks.

 

WHEN:            3:30 p.m., Wednesday, October 24
Governor’s remarks at 4:15 p.m.

 

WHERE:          Bankers Life Fieldhouse
125 S. Pennsylvania St.
Indianapolis, IN 46204

 

“READERS FORUM” OCTOBER 23, 2018

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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? 

WHATS ON YOUR MIND TODAY?

Todays“Readers Poll” question is: If the election was held today in the District 76 State Representative race who would you vote for?

If you would like to advertise on the CCO please contact us City-CountyObserver@live.com

Footnote: City-County Observer Comment Policy.  Be kind to people. No 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, insults against commenters will not be tolerated and will be removed from our site.

NAACP Evansville Branch Hosts Indiana State Senate District 49 Debate

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NAACP Evansville Branch Hosts Indiana State Senate District 49 Debate

A battle is brewing in Indiana State Senate District 49. The area which covers a lot of rural area in Vanderburgh, Posey and Gibson county has been represented by State Sen. Jim Tomes for the last 8 years. He’s looking for a third term but has encountered a challenge by democrat Edie Hardcastle.

The two didn’t hold any punches during a debate hosted by the NAACP and moderated by 44NEWS reporter Jeff Goldberg.

The two were asked questions about education, hate crime legislation, unions, and minimum wage.

Tomes hit Hardcastle on unions. The former truck driver was a steward for the Teamsters. He paints himself as the everyman, understanding the plight of union workers.

Hardcastle wasn’t afraid to back at the State Senator. She went at Tomes for saying he voted one way but actually voting in the other direction.

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Letter To The Editor: Email Communication to Representatives Bacon, McNamara and Sullivan From Gary May

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Gary May E-Mail Concerning Ethics and Transparency Of State Representatives  McNamara, Sullivan, and Bacon

Hi, Have you no sense of justice?

Bosma is accused of sexual improprieties, he leads the investigation of the AG who stands accused of sexual harassment, he leads the legislative effort to craft a sexual harassment policy for the House.

In spite of all this, you sign on a letter in full support of him. I’m not suggesting he’s guilty of the charges brought against him, but simple transparency and ethics would suggest that he should have some distance between his issues and the investigation and drafting of legislation addressing sexual behavior boundary violations.

How much more power and riding roughshod over your constituents will be enough?

Time for a change!

Sincerely,

Gary May

Here are The Boilerplate Responses That McNamara And Sullivan Sent To Gary May:

Thank you for contacting me. My staff and I will review your comments and respond to you as soon as possible. If you need immediate assistance, please contact my Legislative Assistant, Victoria Szczechowski, at 317-232-9816.  Thank you for taking the time to share your comments and concerns.

Here’s The Response That Gary got from Bacon:

Thank you for contacting my office. You are receiving this message due to the larger volume of emails my office receives. My staff and I will look over your concerns and, if appropriate, a personal response will follow. If you need immediate assistance please contact my Legislative Assistant Elias Annette at 317-232-9643.

FOOTNOTE: This letter to the Editor was posted without opinion, bias or editing.

Judge Rules For Butler In Suit By Ex-Student Accused Of Sex Assault

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Olivia Covington for www.theindianalawyer.com

A civil lawsuit against Butler University brought by a student who claims he was wrongly expelled after being falsely accused of sexual assault has ended with a judgment in favor of the university and other school personnel involved in the investigation.

Indiana Southern District Court Judge Tanya Walton Pratt entered summary judgment in favor of Butler and eight individual defendants Friday in Christian Ayala, aka John Doe v. Butler University, et al., 1:16-cv-01266. Christian Ayala filed the lawsuit after he was expelled from Butler at the end of his freshman year following a finding that he had sexually assaulted a female student.

The incident that led to Ayala’s expulsion began late at night on April 18, 2015, when Ayala and his accuser, known as Jane Smith, both attended the same fraternity party and began dancing with and kissing each other. The two left the party together around 2 a.m. on April 19, when Smith promised her friends that she was going back to her dorm and would not be staying with Ayala. According to Pratt’s summary judgment order, Smith’s friends were concerned that she was drunk.

Despite Smith’s assurances, she and Ayala returned to his dorm, where the two had sex. According to the order, Smith, who claimed to have told Ayala twice to stop sexual intercourse because he was hurting her. However, according to the order, Ayala did not stop, so Smith texted her friends for help.

Smith’s friends eventually forced their way into Ayala’s room to retrieve Smith, who later told her friends that she had asked Ayala to stop, but he refused. Smith then reported the incident to the Butler Police Department, and a sexual assault investigation was opened against Ayala.

The investigation began on April 20 and culminated in a grievance panel hearing on May 14. During the hearing, Smith testified “that she never said or did anything to indicate to Ayala, before their physical contact, that she was not consenting to same,” while Ayala testified that “Jane never gave him verbal consent.”

According to an order Friday in the case relating to a dispute between Smith’s insurers, “(t)he overwhelming evidence presented at the hearing was that the sexual activity between Ayala and Jane Smith was consensual.” However, the grievance panel determined Ayala was responsible for non-consensual sexual contact and sexual intercourse and recommended that he be expelled. According to the Oct. 17 order, Smith’s father began placing pressure on the school to expel Ayala immediately after his daughter reported the assault.

After Ayala’s appeal was denied, he was subsequently denied admission at 10 universities despite having a B+ average but was eventually admitted to St. Louis University in January 2016. He sued Smith, the university and school personnel involved in the hearing, alleging breach of contract, a violation of Title IX, a violation of 42 U.S. Code section 1981, defamation, the negligent infliction of emotional distress and other state law claims, though his claims against Smith and her counterclaims were eventually dismissed.

The court also previously dismissed the Title IX claims against the individual defendants, and Ayala’s counsel agreed that all but the Title IX claim against Butler were subject to summary judgment in the school’s favor. Pratt praised that concession in a footnote, thanking Ayala’s counsel for their “candor and the preservation of judicial resources as well as the preservation of both parties’ resources.”

In arguing against Butler’s motion for summary judgment on the Title IX claim, Ayala claimed one of the grievance panel members, Sally Click, “demonstrated a bias against him and in favor of Jane and the female witnesses through her questions about verbal consent, and through her questioning, Click implied that he was a ‘predatory’ male student who posed a threat to Defendants’ female students.’” He also argued Click’s questioning was evidence of the panel’s gender bias. Finally, Ayala pointed to the fact that another male student who was found guilty of non-consensual sexual activity was not expelled because he was getting ready to graduate, so his punishment was for his diploma to be withheld for a year.

Pratt, however, agreed with Butler that Ayala’s arguments failed to show any evidence of gender bias.

“Ayala’s comparison between his case and the male student’s case in 2014 where the student’s diploma was withheld rather than expulsion, is not helpful to his claim,” Pratt wrote. “The fact that Butler may have treated another male student more favorably than Ayala does not show bias as the students are the same gender.”

“Concerning Click’s questions during the grievance hearing, Ayala acknowledged in his deposition that Click’s questions were reasonable in this case of non-consensual sexual activity, and he acknowledged in his Response Brief that the questions were not improper,” Pratt continued. “Click’s two questions about whether Ayala obtained verbal consent from Jane to engage in sexual activity did not directly show any gender bias nor did they imply any gender bias.”

ONE-ON-ONE WITH COACHELLA VALLEY ECONOMIC LEADER JOE WALLACE

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ONE-ON-ONE WITH COACHELLA VALLEY ECONOMIC LEADER JOE WALLACE