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VANDERBURGH COUNTY DEMOCRATIC PARTY UNITY DINNER
Buffalo Trace Council Names its 2018 Distinguished Citizens
Buffalo Trace Council Names its 2018 Distinguished Citizens
AUGUST 16TH, 2018 
TYRONE MORRIS EVANSVILLE, INDIANA
The Buffalo Trace Council recognizes its 2018 Distinguished Citizens Thursday night. The recognition kicked off earlier at the Old National Events Plaza. Jack and Peggy Lewis were recognized as President and Executive Vice President of Lewis Bakeries as its 2018 Distinguished Citizens.
The Distinguished Citizen Award is given to people who exemplify the ideals of the Boyscouts of America. Mr. and Mrs. Lewis were chosen for their outstanding community service and the respect and esteem they earn from their colleagues in the area.
The Buffalo Trace Council serves 5,000 youth in the area and has been recognized as one of the best boy scouts councils in the midwest.
Their mission is to prepare young men and women to make ethical choices by instilling positive character development skills in a fun and safe environment.
Holcomb to Unveil New Basketball Court at Governor’s Residence
Gov. Eric J. Holcomb will dedicate the newly constructed basketball court at 11 a.m. on Saturday, August 18 at the Governor’s Residence. After a short ceremony, the gold medal-winning DeKalb County Special Olympics basketball team will play the inaugural game.
Traditionally, each family that lives in the Governor’s Residence finds a lasting improvement to make to the buildings and/or grounds. This court, which was funded by private donations via the Governor’s Public Building Foundation, will provide opportunities to host youth league games and community events.
WHAT:           Governor’s Basketball Court Unveiling
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Eric Holcomb
DeKalb County Special Olympics basketball team
Other special guests
WHEN:Â Â Â Â Â Â Â Â Â Â Â 11 a.m., Saturday, August 18
WHERE:         The Governor’s Residence
4750 N. Meridian St.
Indianapolis, IN 46208
AG Curtis Hill asks U.S. Supreme Court to prevent abuses of public-nuisance laws
Attorney General Curtis Hill is leading a multistate amicus brief contesting a California court’s ruling that stretches the bounds of public-nuisance law. The ruling holds three companies liable for costs associated with mitigating the dangers of all lead paint existing in all homes and buildings constructed since 1951 within 10 cities and counties in California.
Although California has not shown that the three companies are responsible for any of the lead paint throughout the region, the California Court of Appeal accepted arguments that because of the companies’ past involvement in the promotion of lead paint, the companies were sufficiently involved in creating a public nuisance to be held liable for removing all existing hazards – an undertaking estimated to cost many hundreds of millions of dollars. The three companies are Sherwin-Williams Co., ConAgra Grocery Products Co. and NL Industries Inc.
“Once again,†Attorney General Hill said, “we see here a form of judicial activism that spotlights a problem everyone would agree to be regrettable – in this case, lead-paint poisoning – and then recklessly uses such a premise to justify penalizing industry in an illogical manner.â€
Even when originating in other states, such practices could prompt higher prices for Hoosier consumers as companies are forced to cover costs imposed upon them by courts, Attorney General Hill said. Further, unjustified punitive actions against industry causes harm to companies that employ people in Indiana and elsewhere, potentially forcing job cuts and factory closures. Finally, erroneous reasoning prevailing in courts anywhere in the United States creates precedents that could lead to additional bad decisions in other jurisdictions.
The states’ brief asks the U.S. Supreme Court to decide whether the Constitution imposes any Due Process limits on the expansive use of public-nuisance law, Attorney General Hill said, adding that this case provides a perfect opportunity for such an assessment.
In the brief, Attorney General Hill elaborated as follows: “Cases such as this that enable courts to impose liability arbitrarily with no proof that the defendants caused any harm or can abate it in any recognizable way denigrate the appropriate power of attorneys general to abate legitimate public nuisances. . . . This theory of liability goes far beyond any traditional understanding of public nuisance law.â€
Other states joining Indiana in the brief are Louisiana, Texas, Utah and Wyoming.
Prosecutors cite ethics rules to Hill in abortion lawsuit
Olivia Covington for www.theindianalawyer.com
Three Indiana prosecutors are renewing their calls for Indiana Attorney General Curtis Hill to concede on their behalf the merits of lawsuit that blocked a 2018 abortion law and told the AG’s staff in an email that Hill is obligated under the Indiana Rules of Professional Conduct to follow their directive as his clients. Hill, however, maintains he is authorized to defend the statute on behalf of his “ultimate client:†the people of Indiana.
Planned Parenthood of Indiana and Kentucky sued the commissioner of the Indiana State Department of Health, the members of the Indiana Medical Licensing Board and the prosecutors of Marion, Lake and Monroe Counties in April after Gov. Eric Holcomb signed Senate Enrolled Act 340 into law the previous month. SEA 340 required abortion providers to report all “abortion complications†and to submit to annual inspections. A judge issued an injunction enjoining the law from taking effect, but Hill filed an answer a day later in which the prosecutors are named despite their objections.
Marion County Prosecutor Terry Curry again asked Hill’s office to admit the allegations of the complaint on behalf of him, Lake County Prosecutor Bernard Carter and Monroe County Prosecutor Chris Gaal. In an email sent Thursday to Aaron Negangard, Hill’s chief deputy, Curry said the prosecutors asked Hill’s office May 2 to admit the allegations on their behalf and file an amended answer that admits the allegations of the complaint on behalf of the prosecutors.
“In response on May 3, you sent a copy of the Attorney General’s press release which stated in part: ‘While prosecutors Curry, Gaal and Carter share the opinion that this case should not be defended, they also share no authority to make that call,’†Curry wrote in the email, which was provided to Indiana Lawyer.
“… Contrary to the AG’s release, we did not state that the ‘case should not be defended,’†Curry continued. “We fully expected that the AG would defend the constitutionality of the abortion-related bill on behalf of the other state defendants.
“By statute, the AG is our attorney in such civil actions. We are the client of the AG as named defendants,†he said. “Pursuant to Rule 1.2(a) and Comment (1) of the Indiana Rules of Professional Conduct, an attorney must abide by the client’s ‘ultimate authority’ to decide the objectives of the attorney’s representation.â€
But in a statement to Indiana Lawyer, Hill held his ground.
“The Attorney General is authorized to defend state statutes in court as he works on behalf of his ultimate client, the people of Indiana,†Hill’s office wrote in an email to IL. “Prosecutors cannot unilaterally veto legislation passed by the General Assembly.
“If these prosecutors choose not to enforce the statute, they are accountable to their voters,†he said.
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According to the complaint, which the ACLU of Indiana filed on behalf of PPINK, SEA 340 violated constitutional protections under the 14th Amendment’s Due Process and Equal Protection clauses. That’s because the “abortion complications†reporting requirements was vague and the annual inspection requirement was not imposed on other medical facilities, PPINK said.
Shortly after the complaint was filed in the U.S. District Court for the Southern District of Indiana, Curry, Carter and Gaal — all Democrats — released a statement saying they had directed Hill, a Republican, to concede the merits of the case on their behalf. The three prosecutors are named as defendants in the suit because PPINK operates abortion clinics in their counties.
“We are tired of being drawn into the annual act of legislative futility to pass abortion-related bills, which inevitably results in lawsuits at taxpayer expense,†Curry said in May, referencing the fact that every abortion-related bill passed in Indiana since 2016 has been struck down by federal courts. Curry also said in May that Indiana had paid nearly $300,000 in legal fees to the ACLU of Indiana after courts struck state abortion legislation as unconstitutional.
“When we took office, we swore a duty to uphold both the federal and state constitutions, and this law appears just as unconstitutional as the last few attempts to impose such restrictions,†Carter said in May.
Hill immediately hit back, claiming the three prosecutors “share no authority†to make the decision not to defend the state against the lawsuit. “Mr. Curry’s ‘directive’ to me to concede the constitutionality of an Indiana statute has zero force or effect,†Hill said at the time.
Southern District of Indiana Judge Richard L. Young granted PPINK’s motion for a preliminary injunction against SEA 340 – which was scheduled to take effect on July 1 – on June 28, and the next day the AG’s office filed an answer to complaint that denied the allegations against the bill. The answer was filed on behalf of all of the named defendants, including the three prosecutors.
Online court records show little substantive action has been taken in the case of Planned Parenthood of Indiana and Kentucky, Inc. v. Commissioner, Indiana State Department of Health, et al., 1:18-cv-01219, since the state filed its answer on June 29. A pretrial phone conference has been scheduled for Aug. 31 before Magistrate Judge Doris L. Pryor.
In a separate case, Hill has come under fire from Indiana Secretary of State Connie Lawson for his intervention in the Marion County early voting case. Hill is seeking to appeal a consent decree entered by parties in that case while Lawson, whose office is charged by law with overseeing elections, has asked Hill to withdraw. He said he would not.
The embattled Hill has been asked to resign by Gov. Eric Holcomb and Democratic and Republican leaders over allegations he groped a lawmaker and legislative aides. Hill has denied the allegations.
Ellis Park Debutante: Bivian B just hitting the board would be bonus
For trainer John Hancock, his 2-year-old filly Bivian B has done her job just being in the starting gate for Sunday’s $75,000 Ellis Park Debutante. Hitting the board or winning would be an unbelievable bonus.
Mind you, Hancock believes the filly — co-owned by his wife, Donna, and Lexington’s Gatewood Bell and named after the trainer’s mom, who died last year — is good enough to win the seven-eighths of a mile stakes, Sunday’s co-feature with the Ellis Park Juvenile. In her only start, the $10,000 yearling purchase prevailed by 5 3/4 lengths to create a large and emotional winner’s circle throng at Ellis Park, where Hancock is the third generation in his Henderson-based family to train.
“It would be great to win it here at home,†he said Friday morning while watching Bivian B gallop under exercise rider Savannah Goebel. “But just to be on the board here at home … to think that I was a big fan of bringing the stakes back, and the way the horses who ran in it have gone on and developed to make really nice 2-year-old fillies and 3-year-old fillies. It’s a big deal. It doesn’t make any difference if we hit the board or not — we’re a part of it. You can’t be a part of it if you don’t walk over.
“It’s unfortunate that Gatewood has business in France and can’t be here, but pretty much all of my family is coming. One, because she’s in a stakes. But second because she’s named after my mom. Everybody has kind of been with her and backed her from the get-go. She’s got her own little fan club. The whole family is really excited about it, because it keeps us tied to my mom.â€
Both stakes appear to be wide open, with the Tom Amoss-trained Serengeti Empress the 3-1 favorite off finishing a well-beaten fourth in Saratoga’s Grade 3 Schuylerville, with the jockey that day dropping the whip at the quarter pole. There must be something about lost whips at the Spa, because the Steve Asmussen-trained Whiskey Echo is the 9-5 favorite in the Juvenile after coming in a respectable third in Saratoga’s Grade 3 Sanford, with that jock also parting ways with his stick late in the race.
Whiskey Echo has done the most in the Juvenile field but breaks from the extreme outside in the field of 11 colts and geldings. While there’s a long run into the turn, there’s also the possibility in a large field that Whiskey Echo will either have to be asked for too much speed early or risk being sucked too far back or hung out wide on the turn. But no rider is hotter than Shaun Bridgmohan, who has vaulted to a two-win lead, 21-19, over apprentice jockey Edgar Morales heading into Friday’s racing. Bridgmohan has a shot to win his fourth stakes of the meet.
Hancock is sticking with Morales for the Debutante, though Bivian B won’t benefit from the jockey’s five-pound apprentice allowance because it is a stakes.
“I had phone calls, and I could have brought a rider in to ride her, an older rider,†Hancock said. “But the young man, I believe in him. We’ve had a good summer and he knows her. My grandpa always told me, ‘If it’s not broke, don’t fix it.’â€
Morales this week earned his first stakes victory, guiding The Money Dance to victory in Wednesday’s $150,000 Governor’s Stakes for Indiana-bred 3-year-olds at Indiana Grand.
“I know the filly,†Morales said. “John is a really nice guy and gave me the chance. It showed a lot of loyalty. I think she has a big chance, that the distance will help her. It’s big to win a stakes. Let’s see if we can win another one here.â€
Hancock loves Bivian B’s No. 7 post.
 “I like being right in the middle,†he said. “Especially since there seems to be some early speed on the inside and a little bit of speed on the far outside. It gives her an opportunity to get away clean and take back and drop over. It will give the bug boy a chance to see what develops in front of him. Then at the same time, if something falls apart and nobody goes, she’s got enough speed that she can go on about her way.
“She’s really come back sharp from her last race; I mean, really sharp. She won but she just kind of went through the motions. She didn’t come up with that really hard kick down the lane like I thought she would. She had to struggle the last part to get in front, but she galloped out well. I think going seven-eighths of a mile, she’ll get a chance to level off and we’ll find out where she fits.â€
A victory would be Hancock’s first in a stakes dating to when he began training in 1981, according to Equibase statistics. That’s with few opportunities as the best horses he develops usually are sold.
Bivian B was broken to a saddle last fall right at Ellis Park by Hancock’s exercise riders.
“The first racetrack she ever stepped a foot on was Ellis Park,†Hancock said. “She was so smart, she had the attitude. Then once she started (training), she just caught on so fast. When I kept watching her, it was a no-brainer: Bivian B, that was her name. I remember calling Gatewood in February and said, ‘We’ve got a runner.’ And she is. But the bottom line is this: She doesn’t have to ever do anything else. She’s done what she was bought to do and she did what she had to do for us.â€
Amoss remains bullish on Serengeti Empress
Serengeti Empress lived up to Tom Amoss’ expectations in winning her July 4 debut by 5 1/2 lengths at Indiana Grand, where the trainer has a substantial division. Amoss expected owner Joel Politi’s $70,000 yearling purchase to turn in another big effort in Saratoga’s Grade 3 Schuylerville 16 days later.
Serengeti Empress was in the thick of things when Javier Castellano dropped his whip.
“She’s a horse we’ve always liked, and she didn’t disappoint us when she broke her maiden,†Amoss said from Saratoga. “When she came to Saratoga, the rider dropped the stick right before they turned for home. I guess he figured that was going to be it, because she really wasn’t ridden after that, which is puzzling, to say the least. But she’s come back to train well and we’re looking to make amends. This is a very nice filly. We had a lot of confidence even coming into here. It just didn’t go our way… So rather than stay up here, we said, ‘OK, forget it. We’re just going to regroup.’â€
Corey Lanerie, the two-time defending Ellis riding champion and four-time titlist here overall, picks up the mount.
Thomas, Bradley get another crack at Debutante with Somewhere
A year owner Chester Thomas of Madisonville and trainer Buff Bradley finished second in Churchill Downs’ Debutante with a maiden, Upset Brewing, who subsequently won an Ellis Park maiden race by almost 10 lengths. Expectations were high going into the Ellis Park Debutante, with Upset Brewing second by a length as the favorite behind 11-1 winner Kelly’s Humor.
Upset Brewing has proven a useful horse while still seeking that second win, albeit with seven seconds in 14 starts, including three stakes. But now Thomas and Bradley are back in the Ellis Park Debutante with Somewhere, a 5 3/4-length maiden winner at Churchill Downs in her second start. And while they believe Somewhere is better than Upset Brewing, they are keeping expectations muted.
“We’ll find out Sunday,†Thomas said of Somewhere. “She’s well-bred and she’s doing everything right. We’ve got a lot of hope for her. Of course it’s a horse race, and as you leave the first-time winners, then you step up and it keeps getting deeper. But so far so good. Upset Brewing, she’s a nice filly and hard-knocker. She’s come this close to being a stakes-winner, but she seems to always hook a bear.
“Somewhere hasn’t run against winners yet, but we think she’ll like the distance. We’re improving. We all like to win, but this is a tough game.â€
Bradley said Somewhere “did in her second start what we expected out of her in her first start. But when she didn’t break well, she kind of took off and used herself in the middle part of the race and got tired coming down the lane.
“But coming back in her second start, she was very professional and drew away at the top of the stretch. It was nice to see that she’d matured that much. We have wanted to stretch her out, and we would have stretched her out even farther if the opportunity had come about. But the Debutante, we picked that out as soon as she won.â€
A good effort could earn Somewhere a shot at Churchill Downs’ Grade 2, 1 1/16-mile Pocahontas, whose winner gets an entry fees-paid berth in the Breeders’ Cup Juvenile Fillies Nov. 2 in Louisville. Bradley acknowledges the Juvenile Fillies at his hometown track is in the back of their minds.
“We’ve worked with her quite a bit because eventually we’d like to stretch her out to two turns,†he said. “The seven-eighths is good. The whole thing we’ve been working on is getting her to relax early. Sometimes she wants to do a little too much early, but we’ve been doing that with her training.
“Compared to that filly last year, this filly has quite a bit more talent, I believe. I can say that because it’s the same owner. The other filly is a very nice filly and runs her race every time. But this filly has more upside to her at this point.â€
Ellis Park Debutante
Purse: $75,000. Distance: 7 furlongs. Division: 2-year-old fillies
Post time: Sunday at 4:10 p.m. CT (eighth race) Â Â Â Â Â Â Â odds
PP horse (weight) Â Â Â Â Â Â Â Â Â Â jockey/trainer
- Lucky Girasol (118)       Esquilin/Gorostieta      30-1
- Spice It Up (120)         Hill/Catalano           12-1
- Kristizar (120)            McMahon/Asmussen    12-1
- Profound Legacy (122)     Hernandez/Wilkes        5-1
- Wakeeta (120)           Perez/Gorham          20-1
- Somewhere (120)         Albarado/Bradley        9-2
- Bivian B (120)            Morales/Hancock        8-1
- La Coyota (120)          Camacho/Gonzalez      30-1
- Serengeti Empress (120)   Lanerie/Amoss           3-1
- Include Edition (120)      Graham/V. Foley         10-1
- Shanghai Rain (120)       Saez/Calhoun            4-1
Ellis Park Juvenile
Purse: $75,000. Distance: 7 furlongs. Division: 2-year-olds
Post time: Sunday at 4:40 p.m. CT (ninth race)
PP horse (weight)            jockey/trainer           odds
- Pradar (120)            Gilligan/Yanakov         20-1
- Lady’s Weekend (120)     Rocco/Demeritte         15-1
- SS Trooper (120)         Castanon/Johnson        20-1
- Manny Wah (120)         Hill/Catalano              5-1
- Giant Act (120)           Camacho/Helmbrecht     30-1
- Veritas (120)             Pedroza/Wohlers         15-1
- Shanghaied Roo (120)     Saez/Calhoun             8-1
8.  Overanalyzer (120)        Ulloa/Elliott               8-1
9.  Tobacco Road (120)      Lanerie/Asmussen         9-2
10. Mine Inspector (120)      Graham/V. Foley           8-1
11. Whiskey Echo (120) Â Â Â Â Â Â Bridgmohan/Asmu
HOT JOBS IN EVANSVILLE
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