Help the Sheriff’s Office Identify these Theft Suspects
- The Vanderburgh County Sheriff’s Office is seeking your help to identify a pair of theft suspects. The female suspects shown in the picture below stole a large amount of cash from a local business earlier this month. If you have any information please contact the Sheriff’s Office.
Please click here to submit a tip or call our telephone tip line at (812) 421-6297.
Appeals Court Reaffirms Man’s Convictions For 2002 Crime
Appeals Court Reaffirms Man’s Convictions For 2002 Crime
IL for www.theindianalawyer.com
Though a northern Indiana man convicted of multiple felonies 15 years ago was granted a new appeal by a federal judge, the Indiana Court of Appeals reaffirmed the man’s convictions on Friday, finding he failed to show he was prejudiced by his counsel’s actions.
In 2002, Anthony Wayne Barnett began going to Cynthia Bogard’s house to smoke crack and to have sex with other women at the house in exchange for drugs. Bogard eventually asked Barnett to stop coming over, but he ignored her requests.
Barnett and his wife, Tonya, were trying to reconcile around the same time, so Bogard called Tonya and asked her to help put a stop to Barnett’s behavior. The same day Bogard made the call, she found Barnett pounding on her door and screaming about how she had ruined his life with Tonya.
Barnett then began beating up Bogard and told her he had a gun in his car. He forced Bogard to call Tonya and recant, and after the phone call she escaped to a neighbor’s house. Bogard suffered a knot and bleeding on her head, several bruises and injuries caused by Barnett stomping on her with the heel of his shoe.
The state charged Barnett with Class C felony battery and later added a habitual offender count. The trial court held an initial hearing with respect to the habitual offender amendment, and Barnett, who appeared that day without his appointed counsel, did not object to the amendment.
The state then filed a second amendment five weeks after the omnibus date to add one count of Class A felony burglary resulting in bodily injury and one count of Class D felony intimidation, which were allowed over Barnett’s objections. A jury found Barnett guilty of burglary, battery and intimidation and found him to be a habitual offender, and he was sentenced to an aggregate 80 years executed. The Indiana Court of Appeals affirmed his convictions and sentence in 2004.
After the Indiana Supreme Court denied transfer, Barnett filed for post-conviction relief, alleging ineffective assistance of trial and appellate counsel. His petition was denied at both the trial and appellate court levels, so he filed for a writ of habeas corpus in the U.S. District Court for the Northern District of Indiana.
The district court initially denied the relief, but on remand granted conditional habeas relief on Barnett’s claim of ineffective assistance of appellate counsel for failing to raise a challenge to the timeliness of the second amended information. The district court’s order, which was handed down on June 1, 2015, held the state must either release Barnett or grant him leave to file a new direct appeal within 120 days.
The 120-day window passed without state action, so Barnett filed for immediate release. The state responded saying it misunderstood the conditional writ, so the district court granted an extension until Oct. 29, 2015. The state complied, and Barnett appealed in Anthony Wayne Barnett v. State of Indiana, 22A01-1510-CR-1742.
Barnett’s first argument on appeal was that the Indiana Court of Appeals was barred from hearing his new direct appeal and that a new trial was the proper remedy. He also argued he was not properly served notice of the new appeal and, thus, was denied due process.
But in a Friday opinion, Judge James Kirsch said such arguments amounted to impermissible collateral attacks on the district court’s order. Further, Barnett did not city to any authority to prove that the grant of a conditional writ was insufficient to satisfy the requirements of due process, so he waived that argument on appeal, Kirsch said.
Barnett also argued the trial court erred in allowing the state to amend the charging information a second time after the omnibus date. But the appellate court rejected that argument, as well, finding under Indiana Code section 35-34-1-5(b) (2007), information can be added before trial if it would not prejudice of the rights of the defendant. Here, Barnett failed to prove prejudice, the court said.
Finally, Kirsch wrote that Barnett’s trial counsel could have objected to the habitual offender enhancement at any time, including trial, and not just at the hearing for which counsel was absent. Thus, any waiver of Barnett’s challenge to the amendment was not solely attributable to his counsel’s absence, so he has not shown prejudice in that regard.
USI Opens With Six-Game Road Swing
The University of Southern Indiana women’s soccer team opens the 2017 campaign with six-straight matches on the road, staring with a neutral site match with Tiffin University at 3 p.m. (CDT) Thursday at the University of Finlay. The Screaming Eagles finish the first leg of the six-game swing against Findlay Saturday at 11 a.m. (CDT).
Live coverage for the Eagles can be found at GoUSIEagles.com.
Following the trip to Ohio, USI’s road swing includes stops at Oakland City University (September 5), the University of Missouri-St. Louis (September 8) for the Great Lakes Valley Conference 2017 opener, Maryville University (September 10), and Bellarmine University (September 17). USI hosts the University of Indianapolis for the home opener at Strassweg Field September 22.
Week 1 Eagle Notes:Â
Returning to winning ways:Â The Eagles looks to get over the .500 mark in 2017 after going 9-9-1 overall and 6-8-1 in the GLVC during the 2016 campaign. The Eagles also earned a trip to the GLVC Tournament last fall.
On the road in 2016:Â USI struggled on the road last season, posting a 3-5-0 mark away from Strassweg Field.
GLVC Preseason poll:Â USI is picked to place ninth in the GLVC during the 2017 season. USI tied for seventh last year in the conference regular season with a 6-8-1 conference mark, prior to bowing out of the GLVC Tournament in the first round.
Leading scorers return in 2017: The Eagles return five of the top six scorers from 2016, led by junior forward Ryley Hancock. Hancock had 14 points on six goals and two assists, including three game-winning goals. Junior defender/midfielder Olivia Wilde follows Hancock amongst the returning players with 12 points on five goals and two assists.
Schoenstein enters his second year: USI Head Coach Eric Schoenstein enters his second season as the head coach of the Eagles, producing a .500 record during his first year.
USI holds of series record with Tiffin:Â The Eagles holds a 3-0-1 advantage in the series and winning the last meeting in 2004, 1-0, in two overtime.
USI leads Findlay 3-0-2: USI leads the all-time series with Findlay, 3-0-2, defeating the Oilers last year, 5-1, on the road. The Eagles had goals by two goals by junior midfielder Olivia Wilde and one each by senior forward Haley Rheinlander, junior forward Ryley Hancock, and Gabby Korte.
Eagles open 2017 at Strassweg Field
The University of Southern Indiana men’s soccer team kicks off the 2017 campaign at Strassweg Field Thursday, hosting to Kentucky Wesleyan College for a 7 p.m. match-up before going on the road to play Union University Sunday at 5 p.m. in Jackson, Tennessee. Admission to the USI-KWC showdown to start the 2017 season is free, but donations will be accepted for the fight against pediatric cancers.
Coverage for USI’s 2017 campaign can be found at GoUSIEagles.com.
Week 1 Eagle Notes:Â
Offense is back for 2017: The Eagles return 87.2 percent of its 2016 goal production to start the new season. Leading the way is sophomore forward Eric Ramirez, who was the GLVC Freshman of the Year after producing 21 points on 10 goals and one assist. Senior midfielder Kyle Richardville and sophomore Sean Rickey followed Ramirez with 19 points each last fall. Richardville, who was named All-GLVC and All-Midwest Region, had his 19 points on seven goals and five assists, while Rickey made his collegiate debut with 19 points six goals and seven assists.
Zehme back between the posts: The Eagles return their All-GLVC and All-Midwest Region goalkeeper senior Adam Zehme. Zehme posted career-highs in wins (13), saves (74) and shutouts (7). He had a .763 save percentage and 1.04 goals against average.
Santoro begins his ninth year: USI Head Coach Mat Santoro, who has a 64-63-16 overall record at the helm, led the Eagles to their first NCAA Division II Tournament berth since 1982 after posting a 13-4-4 record in 2016. Santoro’s 2017 Eagles were a 15-year best 10-2-3 in the GLVC last fall.
USI tabbed third in GLVC poll:Â The Eagles were picked third in the Great Lakes Valley Conference preseason poll of the league’s coaches, the highest selection since 2003. USI tied for second last year in the conference regular season with a 10-2-3 conference mark, prior to bowing out of the GLVC Tournament in the semifinal.
Return to the GLVC Tournament:Â USI is looking for back-to-back-to-back trips to the GLVC Tournament for the first time since 1989, 1990, and 1991.
Eagles in openers:Â USI is 19-17-2 all-time is season openers after beginning the last three seasons with victories.
USI leads all-time record with KWC: The Eagles have a dominating 29-6-2 all-time series record with the Panthers of KWC. USI won last year’s match-up, 3-1, in Owensboro, Kentucky, and has won 15-straight over the Panthers. Sophomore forward Eric Ramirez led the way with a pair of goals in the victory.
USI versus Union: USI won its only meeting with Union in 2015, 4-0. Senior midfielder Cesar Alba led the Eagles in the victory with a goal and an assist. The USI match at Union starts a four-game road swing that includes the 2017 Great Lakes Valley Conference opener at the University of Missouri-St. Louis September 8 in St. Louis, Missouri.
USI announces 2017-18 men’s basketball schedule
Screaming Eagles open season with SCBHOF Classic
The University of Southern Indiana men’s basketball team announces the exciting, action packed 2017-18 campaign that includes a 30-game regular season and begins with the second-annual Small College Basketball Hall of Fame Classic in November at the Ford Center.
USI begins the regular season on a neutral court for the third-straight season when the Screaming Eagles play in the Hall of Fame Classic. The Eagles are set to play Augustana University (South Dakota) November 3 and finish the season-opening tournament with long-time rival Kentucky Wesleyan College November 4. Both games in the classic will be 6 p.m. starts for the Eagles.
The SCB Hall of Fame Classic field includes Ferris State University, St. Thomas Aquinas College, Indiana University (Pennsylvania), the University of Findlay, and the University of Montevallo in addition to USI, Augustana, and KWC. Start times for the classic are noon, 2:30 p.m., 6 p.m., and 8:30 p.m. each day.
“Augustana (2016 Division II national champions) and KWC are national powers,” said USI Head Coach Rodney Watson. “We will be tested on a big stage November 3-4 at the Small College Basketball Hall of Fame Classic. The Ford Center will be an exciting place to start the season.”
The Eagles have sandwiched the Hall of Fame Classic between a pair of exhibition games. USI will host an exhibition game with Manchester University, directed by former USI assistant Gerad Good, on October 30 and visit Eastern Illinois University in Charleston, Illinois, November 6. The USI-Manchester match-up will be the first Eagles’ exhibition game at the PAC since the 2009-10 season.
After the exhibition game, USI returns to regular season action with the GLVC/GLIAC Challenge, hosted by Malone University in Canton, Ohio. The Eagles are slated to match-up with Hillsdale College (November 10) and Malone University (November 11).
The Eagles also travel to Las Vegas, Nevada, during non-conference play to participate in the Rollins University Las Vegas Classic. USI, which will be playing in Las Vegas for the second time in three seasons, is scheduled to match-up with West Texas A&M University (December 18) and Midwestern State University (December 19).
The remainder of the 12-game non-conference schedule will be played at the Physical Activities Center. Brescia University visits the PAC November 14, followed by Fisk University (November 20), Martin Methodist College (November 25), Urbana University (December 15), Ohio Valley University (December 30), and Lake Superior State University (December 31). The Ohio Valley and LSSU games will be considered the Bill Joergens Memorial Classic.
“Our non-conference schedule is loaded with NCAA II Tournament teams like Augustana, KWC, Hillsdale, Midwestern State, and West Texas A&M, and Lake Superior State,” said Watson.
USI opens the 2017-18 home schedule and Great Lakes Valley Conference action November 30 when it hosts Lewis University. The GLVC is split into three divisions in 2017-18 and the conference tournament is being reduced for the upcoming season from 12 to eight teams.
In addition to Lewis in the GLVC schedule, the Eagles are slated to host the University of Missouri-St. Louis (January 4), the University of Indianapolis (January 11), Missouri University of Science & Technology (January 18), Truman State University (January 20), the University of Wisconsin-Parkside (January 25), Maryville University (February 1), Quincy University (February 3, Homecoming), and Bellarmine University (February 10, Senior Day).
On the road in the GLVC, USI plays at the University of Indianapolis to lead off conference road play December 2. The remainder of the GLVC road-schedule includes Drury University (January 6), Bellarmine (January 15), McKendree University (January 27), the University of Illinois-Springfield (February 8), William Jewell College (February 15), and Rockhurst University (February 17).
“With the GLVC loss of Saint Joseph’s (College), Eagle fans will see a totally different conference alignment and schedule structure,” said Watson. “The GLVC East (USI, Bellarmine, UIndy, UW-Parkside, Lewis) is as formidable as ever and may be the toughest division in all of the NCAA Division II.
“The conference, as a whole, has produced our region’s representative in the NCAA II Elite Eight each of the last seven seasons and we have to battle to join that group,” concluded Watson.
The GLVC Tournament is slated for March 1-4 at Southern Illinois University Edwardsville’s Vadalabene Center. The NCAA II Midwest Regional is set for March 10-13, while the NCAA II Elite Eight moves to Sioux Falls, South Dakota, March 21-24.
Schedule Notes:
- USI has won 20-or-more games in 21 of the last 25 seasons and has reached 25-or-more wins seven of the last 16 years.
- USI has a record of 183-54 (.772) and won a pair of GLVC championships under the direction of Head Coach Rodney Watson since 2009-10.
- USI has seven teams on the schedule that appeared in the 2017 NCAA Division II Tournament (Augustana, Kentucky Wesleyan, West Texas A&M, Quincy, Truman, Bellarmine, UW-Parkside).
- A total of 18 teams on the schedule were in their respective conference tournaments.
- The schedule includes 15 teams with winning records in 2016-17.
- USI’s all-time record against teams on the schedule is 384-186 (.674).
- The Eagles have opened the last 31 seasons with a victory.
- The Eagles have won each of the last 33 home openers.
- USI has a home record of 518-87 (.856) since moving into the PAC in 1980-81.
- Ticket prices for 2017-18: Season Chairbacks – $140.00; Season Bench – $85.00.
| Team | 2016-17 Record | Post –Season | USI series record vs. opp. |
| Augustana | 24-9 | NCAA II Central Regional | 0-0 |
| Kentucky Wesleyan | 28-3 | NCAA II Midwest Regional | 41-49 |
| Hillsdale | 15-12 | GLIAC Tour. | 2-0 |
| Malone | 14-13 | G-MAC Tour. | 1-0 |
| Brescia | 12-17 | RSC Tour. | 3-0 |
| Fisk | 4-25 | 0-0 | |
| Martin Methodist | 22-11 | NAIA Tour. | 1-0 |
| Urbana | 12-17 | MEC Tour. | 5-0 |
| Ohio Valley | 2-24 | 7-0 | |
| Lake Superior State | 16-10 | GLIAC Tour. | 0-1 |
| West Texas A&M | 26-9 | NCAA II South Central Regional | 0-0 |
| Midwestern State | 14-14 | Lone Star Tour. | 0-0 |
| McKendree | 9-17 | 9-7 | |
| Illinois Springfield | 9-18 | 10-3 | |
| Rockhurst | 14-13 | GLVC Tour. | 17-1 |
| William Jewell | 9-17 | 5-0 | |
| Quincy | 25-7 | NCAA II Midwest Regional | 30-10 |
| Truman State | 22-10 | NCAA II Midwest Regional | 4-2 |
| Bellarmine | 32-4 | NCAA II Elite Eight | 50-40 |
| Lewis | 19-13 | GLVC Tour. | 45-24 |
| Wis.-Parkside | 22-8 | NCAA II Midwest Regional | 29-12 |
| Indianapolis | 16-12 | GLVC Tour. | 54-22 |
| Drury | 18-10 | GLVC Tour. | 11-9 |
| Missouri S&T | 12-14 | GLVC Tour. | 15-3 |
| Maryville | 9-21 | 9-2 | |
| Missouri-St. Louis | 11-18 | GLVC Tour. | 36-11 |
“IS IT TRUE” That The City of Evansville 2018 Budget Is Estimated To Cost $23 Million More
IS IT TRUE during the last several years former City Council President and Finance Chairman John Friend, CPA have been warning select members of Council,, members of the main stream media and the City County Observer that the City of Evansville future budgets are heading for a major deficit spending free fall? Â …it looks like Mr. Friends predictions was also spot on?
IS IT TRUE we have been told by an creditable source that John Friend, CPA has been contacted by a couple of City Council members asking him if he would look over the proposed 2018 City of Evansville budget?  … they want him to give them advice on how they can balance the $23 Million budget shortfall for 2018?  …they offered to pay him a mere $2,500 for his consulting services?  …Mr. Friend declined their offer?
IS IT TRUE that the proposed budget for the City of Evansville has now been made public and there must be some seriously good things going on in the local economy for such an increase in spending to be proposed with a straight face? …the overall budget has swelled by $23 Million over last year to $368.4 Million which represents an increase of 6.7%?
IS IT TRUE that the biggest cost center on the public dole is the Evansville Sewer and Water Department that is increasing 17% to a total of $164.1 Million at a time that wages are stagnant and brain drain continues to rage?
IS IT TRUE those astronomical increases in the Evansville Water and Sewer Department budget by definition mean that the cost of those services will be going up by 17% too?…if your water and sewer bill today averages $150 per month then you can expect to get your pocket picked for another $25.50 per month?…if you are earning $35,000 per year working for the City of Evansville, your take home pay with a 1% increase will go up by $24,80 per month?…then you will get to fork it all over to the City for your water bill plus another 70 cents?…this is not what one might call upward mobility?
IS IT TRUE when it comes to employees of the City of Evansville the Office of the Mayor is not nearly as generous as they are with other types of spending? …Â regular old rank and file city employees can expect an increase of a whopping 1% while police and fire will be faced with the daunting task of not spending their 2% increase in all the same place?…both of these wage increases are below the cost of living increase of 2016 and the expected cost increases in 2017?…the unbudgeted reality is that workers at the City of Evansville will have less discretionary money next year than they had this year?…this tradition of getting a little worse off every year continues but the expenses keep going up?
IS IT TRUE that the City of Evansville budget proposal amounts to $3,066 for every man, woman, and child who dwells in Evansville?…on the family level that equates to about $7,000 per household?…that is a big darn tax bill for a poor town to absorb?…there are some debts that are being serviced from the general fund now and none of them were supposed to create undo stress on the city budget?…the biggest offender and colossal disappointment in financial support remains the Ford Center that is budgeted to consume $8.26 Million next year?…that is the same Ford Center that former Mayor Weinzapfel and his handpicked consultants told us would cover its own debt?…this is the sixth year and it hasn’t covered so much as a dime of its own debt yet, leaving the taxpayers of Evansville underwater by $50 Million and counting?…that was and is a bunch of hockey?…Horse hockey that is?
IS IT TRUE we were surprised to find a line item for a Penguin exhibit at the zoo that is guaranteed from day one to lose money?…next year the planned loss is $430,000?…the highly touted spending on sewer repair that increased the sewer and water budget by 17% ($24 Million) is only $6 Million?…we wonder where that other $18 Million is going?…$6 Million is a pittance in the face of a “Billion Dollar Problem” that is going to raise the sewer and water bills by as much as $300 per home?
IS IT TRUE the taxpayers are also paying off an annual debts payment for the new downtown medical school ($2.7M), the downtown hotel ($1.26M) without having any ownership position? …we wonder who are the owners of the hotel and medical school buildings that the taxpayers are paying off the loan notes on?
IS IT TRUEÂ that the two Republicans on the Vanderburgh County Commission voted to raise the LOIT earlier this year? …that the lone Democrat voted no? …it looks like County Commissioner Ben Shoulders (D) understands that the taxpayers of Vanderburgh County don’t want any more tax increases?
McGrath, Keller sweep MVC Player of the Week honors
After pair of victories to open the regular season, the University of Evansville men’s soccer team swept the Missouri Valley Conference Offensive and Defensive Player of the Week awards, it was announced in a release Tuesday afternoon.
Senior midfielder Ian McGrath was named MVC Offensive Player of the Week and senior goalkeeper Matthew Keller was selected as MVC Defensive Player of the Week.
McGrath, a native of New Lenox, Ill., recorded two goals, both game-winners, and a pair of assists in the Aces’ season-opening wins. In UE’s 9-0 victory over Anderson (Ind.), McGrath opened the match with a goal in the 11th minute before assisting on two other goals. On Sunday, the senior scored the lone goal of the match on a long-range shot from the midfield stripe. McGrath earned national recognition as his game-winner against Marshall was named the No. 8 play on SportsCenter’s Top 10 Plays.
A native of Carmel, Ind., Keller provided a steady force for the Aces in goal on the opening weekend of the season. Keller earned the victory against Anderson (Ind.) making one save in 55 minutes of action. Against Marshall, the senior held the Herd at bay, earning the win and making a pair of saves. The wins mark the fifth and sixth victories in Keller’s Aces career.
The honors are Keller and McGrath’s first weekly conference awards in their careers.
The Player of the Week awards are the first for the Aces since Zac Blaydes captured Offensive Player of the Week honors October 31, 2016.
The Aces return home for the ProRehab Aces Soccer Classic on Friday and Sunday at Arad McCutchan Stadium. The classic features UE, Bradley, Northern Illinois, and Milwaukee. The Aces take on Milwaukee at 7:30 p.m. Friday before challenging NIU at 2:30 p.m. on Sunday afternoon.