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SUNNI ZIEMMER
PHILLIPÂ DAVIS
DONNA ROBINSON
CHARLES D EUBANKS
CORY BANKS
JORDAN BAER
JESSE DANIEL
CAROL CHRISTINE BARTLEY
KELLY GATES
DEBORAH RHODES
BRENDA HUGHES
JAMIE FUCH
DEBORAH WINTNER
CARO CHRISTINE
KELLY GATES
DONNA ROBINSON
CHARLES D. EUBANK
JORDAN BAER
CODY RAY
PHILLIPÂ DAVIS
SUNNI ZIMMER
RANDALL FORSTER
CAATE SISCO
AULDEN NANCE
MODESTO CALDERA
C LARRY RHODES
BRENDA HUGHES
STEVEN PIRNAT
ASHLEY HAMMER
JIMMY LEFLER
ROY N BAYNE
BECKY GISH
DR. SHOLAR
SUSAN BEACON
JOHN MILLER
KALAH GEORGETTE-VOWELS
LIBBY TREADO
MATT RIORDAN
JOHN FRANKS
TODD MORGAN
GAVEL GAMUTÂ By Jim Redwine
A HOUSE DIVIDED
Most of us know of and many can even recite President Abraham Lincoln’s Gettysburg Address delivered during the Civil War on November 19, 1863. And most of us know of and probably sometimes paraphrase his House Divided speech delivered when he was a candidate for United States Senator in Illinois (June 16, 1858). Lincoln lost to Stephan Douglas whom Lincoln later beat for the presidency in 1860.
The topic might be a little heavy for a short weekly newspaper column but with our country’s birthday this week and the country in a perpetual state of mutual invective, I humbly submit it is worth our attention.
In an attempt to pare down the extremely complex and emotionally charged issues of our country’s Negro slavery, the Civil War, our current status in re civil rights and the cacophony of our public discourse, I will just refer to a few items: (1) The United States Constitution, (2) the Missouri Compromise, (3) the Kansas-Nebraska Act and, (4) the Dred Scott case as decided in 1857 by the U.S. Supreme Court. If you are still with me, I caution it gets worse.
Originally slavery was recognized as a States Rights issue, i.e., if a state wanted slavery and wanted to be part of the Union that was okay. But as a device to apportion the number of a state’s congressmen, the Constitution declared Negroes in each state would be counted as 3/5 of a person for census purposes. However, African Americans were not made citizens until the Civil War via the Thirteenth, Fourteenth and Fifteenth Amendments. Of course, Indians were not included, and women of any race could not vote until 1920 via the 19th Amendment to the Constitution.
Because of the great divide between free and slave states, the Missouri Compromise of 1820 was enacted, although many argued it was unconstitutional. The Missouri Compromise allowed for the admission of Missouri as a slave state and Maine as a free state and prohibited slavery north of a certain parallel (36∞30’) but allowed it below that border.
This worked alright until heightened tensions arose between slave and free states so Senator Stephan Douglas in 1854 got the Kansas-Nebraska Act passed, which allowed for the admission of the states of Kansas and Nebraska to the union with the provision of slavery by a popular majority vote of each state’s citizens. Of course, this was not within the spirit or the substance of the Missouri Compromise.
Then in 1857, the United States Supreme Court decided the Dred Scott case. Scott was a slave whose owner had taken Scott with the owner to live in a free state then returned with him to Missouri. Scott sued for his freedom claiming that once he was in a free state he was then after always free.
Precedent as old as a decision from colonial times in 1772, the Somerset case, was clearly with Scott and most legal authorities, including the lawyer Abraham Lincoln, expected the Supreme Court to declare Scott free. How wrong he and many others were.
Chief Justice Roger Taney a former slave owner and a fierce opponent of the Missouri Compromise, ignored established precedent and used Dred Scott’s case to declare no Negro could ever be a citizen of the United States and that the Missouri Compromise was unconstitutional. Taney’s overreaching and poorly reasoned opinion led directly to the Civil War four years later.
According to the historian Paul Finkelman who wrote the book Dred Scott v. Sandford, A Brief History with Documents:
“By the 1850s Taney was a seething, angry, uncompromising supporter of the South and slavery and an implacable foe of racial equality, the Republican Party, and the anti-slavery movement.â€
See p. 29
Taney declared that Blacks:
“[A]are not included and were not intended to be included, under the word ‘citizens’ in the Constitution… [T]hey were at that time (1787) considered as a subordinate and inferior class of beings….â€
ibid p. 35
Stephan Douglas held the position the question of slavery should be a matter of state option. Abraham Lincoln, on the other hand, foresaw that a nation half-slave and half-free, that is a nation divided against itself, could not survive. We are still working that out after 242 years. Happy Birthday!
For more Gavel Gamut articles go to www.jamesmredwine.com
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Attorney General Curtis Hill today announced that his office has participated in a major nationwide enforcement action against doctors, nurses and other licensed medical professionals for alleged participation in health care fraud schemes. The Office of the Attorney General’s Medicaid Fraud Control Unit (MFCU) played a key role in 12 criminal investigations that uncovered more than $200,000 in alleged Medicaid fraud, leading to charges against 14 individuals.
These investigations are part of a nationwide initiative led by the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS). According to these federal agencies, this national effort is the largest ever health care fraud enforcement action.
The Indiana Attorney General’s MFCU investigated licensed healthcare professionals and medical offices where suspected illegal activity occurred. Federal agencies involved in one or more of the investigations include the DEA, DOJ, FBI and the Department of Health and Human Services-Office of Inspector General (HHS-OIG).
“Medicaid fraud leaves in its wake many victims,†Attorney General Hill said. “Any licensed providers who commit this offense are taking advantage of those for whom they are supposed to provide care, including the disabled and less fortunate who rely on Medicaid. In addition, they are also fleecing taxpayers whose hard-earned money is used to fund these programs. The investigators and lawyers in our Medicaid Fraud Control Unit are doing good work to help bring lawbreakers to justice. At the same time, we respect the due process to which all are entitled, and all those who stand accused of crimes are certainly presumed innocent until a court finds otherwise.â€
Indiana prosecutors involved in the cases include Delaware County Prosecutor Jeffrey Arnold, Dubois County Prosecutor Anthony Quinn, Floyd County Prosecutor Keith Henderson, Hendricks County Prosecutor Patricia Baldwin, Jefferson County Prosecutor David R. Sutter, Jennings County Prosecutor Brian J. Belding, Johnson County Prosecutor Brad Cooper, Lake County Prosecutor Bernard A. Carter, Lawrence County Prosecutor Michelle Woodard, Marion County Prosecutor Terry Curry and Warrick County Prosecutor Michael Perry.
“Collaboration is critical for effective enforcement, and we are always glad to partner with other law enforcement agencies,†said Jefferson County Prosecutor David R. Sutter.
Matthew Whitmire, director of the Office of the Attorney General’s Medicaid Fraud Control Unit, will be available for interviews from 1 p.m. to 3 p.m. today. Please contact Deputy Communications Director Bill McCleery at bill.mccleery@atg.in.gov if you wish to make arrangements to interview Whitmire during this time.
Following are summations of cases in which Indiana’s MFCU investigators participated. In each case, the fact that a person has been charged with a crime is merely an accusation, and these persons are presumed innocent until and unless proven guilty.
Knox Superior Court 2 Judge Ryan D. Johanningsmeier faces judicial discipline proceedings after he reinstated a close friend’s suspended driver’s license and allegedly suggested a deputy prosecutor dismiss the case.
Disciplinary charges were filed against Johanningsmeier by the Indiana Supreme Court on Friday after he was charged with three counts of misconduct related to a case where he did not recuse even though he was partial to the defendant.
In 2015, B.K., a close friend of Johanningsmeier, was charged with speeding in Bicknell City Court, resulting in the suspension of his driver’s license.
Johanningsmeier allegedly reinstated B.K.’s driver license later that month when B.K. petitioned for a trial de novo in Knox Superior Court 2. Without giving the prosecutor an opportunity to respond, Johanningsmeier issued an order granting his friend’s petition and reinstated the license without disclosing their relationship or notifying the prosecutor of the conflict. This came just two weeks after the friends vacationed together out-of-state, according to the Commission on Judicial Qualifications.
In doing so, Johanningsmeier failed to comply with Trial De Novo Rule 2(E), which required him to promptly file an order directing the prosecutor to refile the original infraction complaint.
The matter did not receive a hearing until the Commission issued a notice of inquiry in September 2015, requesting Johanningmeier submit a written response addressing ethical concerns about the situation. It privately cautioned him for violating judicial conduct by “by failing to disqualify himself from a proceeding in which the judge’s impartiality might reasonably be questioned.â€
However, the commission did not view the situation required immediate action, further noting Johanningmeier had not disclosed the conflict of interest on the record nor made reasonable efforts to transfer the matter to another judge as soon as possible.
The case remained in limbo until March 2017 when the Knox County prosecutor filed a motion for bench trial. Prior to trial, Johanningmeier posted photos on Facebook that showed he and B.K. had celebrated the holidays together while the case continued to languish.
During trial, Johanningsmeier said to a deputy prosecutor, “There is a case. It was a traffic ticket appealed from Bicknell. And it’s a friend of mine. So, um, I was hoping we could just get the State to dismiss it.†The prosecutor replied, “I’ll just move to dismiss,†after which the judge said, “We’ll just show that we grant the State’s Motion to Dismiss.â€
The Commission then charged Johanningsmeier for failing to disqualify himself from the matter and continuing to preside over the case after the Commission privately cautioned him against it, stating he violated Rules 1.1 and 1.2 of the Code of Judicial Conduct. The rules, respectively, require judges to respect and comply with the law and avoid impropriety; and act in a manner that promotes public confidence in the integrity of the judiciary. He also violated Rule 2.2 and 11, which require a judge to perform all duties of judicial office fairly and impartially and to disqualify himself in any proceeding in which the judge’s impartiality might reasonably be questioned.
It also alleges Johanningsmeier violated rules 1.2, 1.3, 2.2 and 2.4(B) when he made suggestive statements to the deputy prosecutor, abusing the prestige of judicial office to advance the personal interests of B.K. and allowing an external relationship to influence the judge’s conduct or judgment.
The seven-member commission charges Johanningsmeier also violated Rule 1.2 in regard to the photos he posted on public social media.
The notice of institution of formal proceedings and statement of charges issued Friday requests the court appoint a panel of three masters to conduct a hearing on the alleged misconduct and impose appropriate sanctions. Johanningsmeier has 20 days to file an answer to the charges.
The Supreme Court has final authority to determine what, if any, judicial misconduct occurred. The Court can dismiss the charges, accept or reject a disciplinary agreement between the Commission and Judge Johanningsmeier, appoint a panel of judges to conduct a public hearing, impose a fine, or impose sanctions ranging from a reprimand to a suspension to a permanent ban on holding judicial office in Indiana.
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The University of Evansville men’s soccer team and head coach Marshall Ray have announced their 2018 schedule including 21 dates with a trio of exhibitions.
The Purple Aces are coming off a 2017 campaign that saw Evansville finish with an 11-8-2 overall record, marking back-to-back seasons in which Evansville won double-digit matches; the first time UE had done so since the 1995 and 1996 seasons. In the postseason, the Aces advanced to the semifinals of the 2017 Missouri Valley Conference Tournament for the second-straight year, also marking the first time Evansville has accomplished the feat since 1995 and 1996.
“We are excited for the start of training camp in August,” said Ray. “I am anxious to see the additions to our coaching staff and roster at work on the field. We lost several key contributors from our 2017 roster and it will be an important two weeks for us as we find our way with 13 new additions to the team. I am certain our returning players understand the groundwork that has been laid the past three seasons. It is important for us to transition our new players as quickly as possible into the culture that is demanded by the tradition of our program.”
To open the season, UE takes part in a pair of exhibitions as well as an alumni match beginning on August 11th with the Purple Aces alumni match. Following the alumni match, the Aces face Louisville on the road on August 18 in an exhibition contest against a Cardinals side that reached the quarterfinals of the 2017 NCAA Men’s Soccer Championship. UE closes out regular season competition on August 19 back at Arad McCutchan Stadium against Bellarmine in the Aces’ final tune-up before regular season play begins.
Evansville opens the regular season on the road on August 24 and 26 when the Aces face Western Athletic Conference members UNLV and Utah Valley in Orem, Utah. The three-game road trip to open the season continues for UE with a trip to Eastern Illinois on August 31. On September 2, the Aces host IUPUI at Arad McCutchan Stadium for Evansville’s home-opener.
A string of four premier home games highlights the early portion of the schedule. The Aces open this stretch on September 7 against Grand Canyon. 2017 national runner-up Indiana comes to Arad McCutchan Stadium on September 21 to renew the rivalry for the 37th time.
The second half of the stretch of premier matches continues with UE’s MVC opener against Missouri State on September 29 and concludes with a matchup with in-state foe Butler, who were 2017 Big East regular season champions, on October 2.
UE returns to conference play on October 6 on the road at reigning MVC Tournament Champion Central Arkansas before returning home to face Lipscomb in a non-conference contest on October 9.
Hitting the midway point in the month of October, the Aces play host to Drake on October 13 and challenge SIU Edwardsville on October 16 in McCutchan Stadium.
After taking two of three matchups last season, Evansville travels to Chicago, Ill. to take on Loyola on October 20. In the Aces’ final non-conference test of the season, UE heads to face Kentucky in Lexington, Ky. on October 23.
To close out the regular season, the Aces host Valparaiso on Homecoming and Senior Day on October 27 in Evansville’s home finale before heading to Peoria, Ill. to complete the regular season ar Bradley on November 3.
For the 2018 Missouri Valley Conference Tournament, the Aces would play in a familiar venue if they would qualify as Evansville was selected to host the 2018 edition of the tournament at Arad McCutchan Stadium.
“Our 2018 non-conference schedule is going to prepare us for the battles faced during Missouri Valley Conference play,” said Ray. “We are bringing some of the best players and programs in the country to our campus this fall as well as traveling out west again to test our skills against two of the best programs in the WAC. We have to stay focused on who we are and continue to put the work in on a daily basis as we maneuver through the non-conference schedule in preparation for each conference match. It is vital, we take the 2018 schedule one match at a time.”
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Molly is a 12-year-old female gray tabby cat with white socked feet. Senior kitties like her are very vulnerable in a loud & busy shelter setting, so she would love a home as soon as possible! Her adoption fee is only $40, or ask about our Senior Pets program for senior citizens who need a companion. Contact Vanderburgh Humane at (812) 426-2563 or adoptions@vhslifesaver.orgfor adoption details!
The Vanderburgh County County Coroners Office and the Evansville Police Department are investigating the death of Austin Smith of Evansville. Austin Smith was shot last August in Evansville and today died from injuries sustained. Â The Evansville Police Department can provide details of the investigation.