The lead investigators for the Richmond Hill Subdivision natural gas explosion case that triggered an “unprecedented investigation” that spanned four years with multiple convictions and trials in three Indiana cities were honored by Indiana prosecuting attorneys on December 4. Lead arson investigator Lt. Mario Garza of the Indianapolis Fire Department, and lead homicide investigator Det. Sgt. Jeffrey of the Indianapolis Metropolitan Police Department, were nominated for the Indiana Prosecuting Attorneys Council Law Enforcement Award by Marion County Prosecutor Terry R. Curry.

Prosecutor Curry outlined the extreme diligence of the multiple-agency investigation as evidence was gathered to rule out an accidental explosion or prove an intentional act. Two residents were killed, seven injured, over 86 homes were damaged or destroyed, resulting in over $4 million in property damage.

As members of the prosecutor’s trial team, Lt. Garza and Det. Sgt. Wager demonstrated leadership, courage and tenacity in meting justice. Said Prosecutor Curry, “like our deputy prosecutors, Lt. Garza and Sgt. Wager were first in South Bend and then in Ft. Wayne for the trials of Mark and Bob Leonard…Hundreds of firefighters, police officers, sheriff deputies, federal investigators and other public safety officers deserve recognition for their work in this complex matter; however, we nominate Lt. Garza and Sgt. Wager for their leadership and commitment to obtaining justice on behalf of the residents of Richmond Hill and the families of Jennifer and Dion Longworth.”

Also honored from the Marion County Prosecutor’s office by Indiana prosecutors was Cindy Craig, recipient of the IPAC Kathy Falkner Richey Award for excellence in prosecutor’s office administration. Chief of Operations and Chief Financial Officer, Cindy Craig first began in the Marion County Prosecutor’s Office as a 16 year old student at Northwest High School. After 33 years she has served under five prosecutors in both Republican and Democrat administrations. She manages a budget of approximately $32.5 million in an office of almost 400 staff members.

Said Prosecutor Curry, “I could go on at length regarding Cindy’s contributions to our office. However, my recommendation can be simply stated. Cindy is indispensable to the operation of this office.”

Olivia Covington for www.theindianalawyer.com

The Indiana Court of Appeals has upheld a nearly $100,000 judgment in favor of a black man who claims he was subject to discriminatory practices by his former employer after ruling the Indiana Civil Rights Commission’s finding in favor of the man was not invalid or void.

During his employment with Roman Marblene Co., Inc., a bathroom fixtures manufacturer, Reginald Baker was the only black employee and was often subject to slurs and harassment. Additionally, after injuring his hand and having to attend a related doctor’s appointment, Baker was docked one day’s pay for failing to call in sick in advance, the first time a salaried employee had received such a sanction.

Baker filed a written protest against the sanction with James Triantos, the company’s owner. A few weeks later, Triantos asked Baker to change the head of the spray gun, which Baker said he could not do because another employee was using it.

Triantos then claimed Baker had refused to perform the task due to a medical restriction and placed him on involuntary unpaid medical leave. However, four similarly situated white employees with medical impairments were not treated in the same way.

After Triantos rejected Baker’s multiple attempts to return to work, Baker filed a discrimination charge with the Equal Employment Opportunity Commission, which transferred the complaint to the Indiana Civil Rights Commission. Meanwhile, Triantos continued to prohibit Baker from returning to work, even after Baker presented a doctor’s note saying he had no restrictions. Triantos eventually terminated Baker after a verbal confrontation.

While the ICRC issued a determination of probable cause that discriminatory practices had occurred, an administrative law judge ruled in favor of Roman Marblene. Baker then filed objections with the commission, which heard oral argument and ultimately ruled in his favor after finding Triantos’ reasons for not letting Baker work were pretextual.

The commission then awarded Baker roughly $96,000 in damages for lost wages. The company appealed in Roman Marblene Co., Inc. v. Reginald Baker, 93A02-1701-EX-91, arguing the ICRC lacked authority to reweigh evidence and disregard the ALJ’s proposed findings and conclusions. But the Indiana Court of Appeals upheld the commission’s decision Friday, with Judge Terry Crone writing Indiana statute says the ICRC may, not shall, appoint an ALJ to conduct a fact-finding hearing, as it did here.

“Contrary to Roman Marblene’s assertions, the ultimate authority is not then constrained to accept the ALJ’s proposed findings and conclusions simply because it chose in its discretion to utilize this procedure for conducting its investigation and factfinding,” Crone wrote. “Rather, after an ALJ issues a proposed order, ‘the ultimate authority or its designee shall issue a final order: (1) affirming; (2) modifying; or (3) dissolving’ the ALJ’s order.” The commission’s order was therefore not invalid, as the company argued.

Roman Marblene also argued the order was void because it was issued outside of the statutorily ordered 60-day time period. However, Crone said the appellate court had previously determined in State v. Langen, 708 N.E.2d 617, 622 (Ind. Ct. App. 1999) that the statute in question, Indiana Code Section 4-21.5-3-29(f), is directory, not mandatory. Additionally, the company failed to object to the ICRC exceeding the 60-day timeframe, thus waiving the issue.