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New York Priest Recall 9/11 And ‘Greatest Rescue Ever’
A Manhattan Priest And NYPD Officer Share Memories, Lessons From 9-11
by Gretchen R. Crowe OSV Newsweekly
9/9/2016
Father Kevin Madigan is the quintessential New Yorker: pragmatic, a realist. And so, when the Manhattan pastor reflects on the 15 years since Sept. 11, 2001, it’s not surprising that his responses reflect his character.
“Just put one foot in front of the other every day and keep on going with God’s help,†he told Our Sunday Visitor.
When Father Madigan, just after celebrating Mass and hearing confessions at his parish of St. Peter Church in Manhattan, heard a plane had struck one of the towers of the World Trade Center, he ran outside — St. Peter’s is located about a block and a half away. He had a vague notion of going to help, but on the street, all he saw were upturned faces looking at the fire and smoke billowing out of the north tower.
“Standing where I was, some distance from the tower, I thought I was relatively safe,†he recalled. “When all of a sudden, a burst of flame emerged from the other tower, and debris was flying in all directions. I remember the wheel of an airplane flying over my head, and a bottle of water bursting against the wall by which I was standing. Of course, at that moment, everyone fled in the opposite direction.â€
Vocation Of Service
Terri Tobin, now a deputy inspector with the New York Police Department, had just arrived at the World Trade Center when the second plane hit. She helped evacuate the site until she was knocked out of her shoes and blown across the road by the force of the south tower collapsing.
“It only reaffirmed for me that I was doing exactly what I was meant to be doing on 9/11. I think that police work in the NYPD is a vocation,†she said. Tobin, a member of St. Francis de Sales Parish in Belle Harbor, Queens, is in her 34th year with the NYPD.
Light From Darkness
In the weeks, months and years following the tragic event, hope and renewal — moments of light emerging from darkness — were found in simple things, Father Madigan recalled. Like in the inscription on a new baptismal font: “Unless a grain of wheat falls to the ground and dies, it remains just a grain of wheat; but if it dies, it produces much fruit†(Jn 12:24).
Then there was the Bible found amid the debris, fused with steel and opened to the Sermon on the Mount — in particular, the passage on forgiveness.
“That’s certainly a testimony and something to remember,†Father Madigan said of the artifact, now on display in the National September 11 Memorial & Museum. “I remember, too, in the days after all the readings at that time of the year were about forgiveness.â€
Then there were the people. Father Madigan spent the years after 9/11 rebuilding his parish — physically, spiritually and emotionally. He regularly talked with those who would be “coming in, still traumatized†and looking for assistance, whether survivors or family members who had lost loved ones.
“The faith they showed, and also the lack of anger and hostility and a desire for revenge, was certainly something that inspired me,†Father Madigan said, contrasting this response to the wars that followed.
“How true it is that violence just brings on even more violence, so that the response to 9/11 was more violent than even the attack was,†he said. With the invasion of Iraq and Afghanistan, “we had to show that we’re going to get even with — show our power. (But) Jesus says, you cast out one devil and seven worse come back. That was a witness to it.â€
Perspective And Memory
Perspective, too, comes with time — as does healing. Father Madigan is now pastor of a parish on the Upper East Side, where he is not constantly reminded of that fateful day.
“For the first five years, six years, not a day went by when I didn’t think about 9/11,†he said. “There would always be some kind of reminder of that day, just walking down the street something would flash in my memory about what it was like before or during or the days after. That’s what being out of the situation does. It sort of puts it behind me.â€
Tobin marks the anniversary by visiting the firehouse of a cousin who was killed that day at the age of 33. “Even 15 years later, he wouldn’t be 50 years old,†she noted.
One thing stands out for her most about that day. “When people were evacuating those buildings, no one knew, no one cared and no one looked at anyone’s gender or race, ethnicity or religion,†she said. “It was just people in a common experience helping one another. And that will always stay with me.â€
Gretchen R. Crowe is editor-in-chief of OSV. Follow her on Twitter @GretchenOSV.
With a broken ankle, a chunk of concrete lodged in her skull through the back of her Kevlar helmet and covered in dust, Tobin continued her work of bringing people off the street to safety, even evacuating an apartment building of about a hundred people.
“I try to remember, although it was the worst terrorist attack ever to occur on American soil … we were able to get out 10 people for every one that perished,†she told OSV.“So we also have to look at it as the greatest rescue ever,†Tobin said.
Tobin cited the training and professionalism of her colleagues for being able to keep people calm and move them out and away from the towers.
Editor’s Footnote:  The plans for the Vanderburgh County Public Safety Foundation event will be held on August 23, 2017 at the steps of the Veterans Memorial Coliseum is really coming together? …the event keynote speaking will be Dr. Terri Tobin, now a deputy inspector with the New York Police Department.  ..during the next several weeks you will be receiving more detailed information about this most worthily public event?
Air Quality Forecast
Air quality forecasts for Evansville and Vanderburgh County are provided as a public service. They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health. The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday). When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.
Ozone forecasts are available from mid-April through September 30th. Fine particulate (PM2.5) forecasts are available year round.
Monday August 7 |
Tuesday August 8 |
Wednesday August 9 |
Thursday August 10 |
Friday August 11 |
|
Fine Particulate (0-23Â CST avg) Air Quality Index |
moderate | good | NA* | NA* | NA* |
Ozone Air Quality Index |
good | moderate | NA* | NA* | NA* |
Ozone (peak 8-hr avg) (expected) |
NA* | NA* | NA* | NA* | NA* |
* Not Available and/or Conditions Uncertain.
Air Quality Action Days
Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.
Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).
Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.
National and regional maps of current conditions ar
School Zone Safety A Top Priority As New School Year Begins
This week marks the new school year for thousands of Evansville students. As always, school zone safety is a priority for the Evansville Police Department and our education partners.
We will have increased patrols in school zones to ensure drivers are following the posted 20mph school zone speed limit. Several methods are used to notify drivers that school zones are in effect. They include yellow flashing lights, school zone times posted on the speed limit signs, and crossing guards working at their assigned spots. Officers will also be monitoring the areas around the schools where student pedestrian traffic increases.
Parents and students are reminded to use sidewalks, cross in designated crosswalks, and to follow the instructions of the crossing guards at the intersections where they are present.
Parochial schools will resume on Tuesday and the EVSC schools will resume on Wednesday.
Adopt A Pet
Sebastian is a male black cat. He’s about 2 years old. He does okay with other cats, but not too many… he was in the Cageless Cat Lounge but wasn’t particularly happy in there. Now he has his very own condo while he waits for his new family to find him! Sebastian can go home today neutered, microchipped, and vaccinated for $30. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!
7th Circuit Orders New Sentencing Hearing For Man On Death Row
7th Circuit Orders New Sentencing Hearing For Man On Death Row
Olivia Covington for www.theindianalwyer.com
A man convicted in a triple homicide and subsequently sentenced to death will get a new sentencing hearing after the 7th Circuit Court of Appeals determined Friday the fact he was wearing a stun belt during the penalty phase of his trial may have impacted his jury.
In 1996, John Stephenson was charged in Indiana with the murders of three people riding in a truck and related crimes, including theft of ammunition for the type of rifle used in the murder. The ammunition was stolen from one of the victim’s trailer, and spent shell casings found at the murder site also matched those taken from the trailer.
After an eight-month trial, Stephenson was convicted and sentenced to death. The Indiana Supreme Court affirmed that sentence and the denial of post-conviction relief, leading Stephenson to seek federal habeas relief in the U.S. District Court for the Northern District of Indiana.
Stephenson prevailed on that motion, with the judge determining he had been denied the effective assistance of counsel when his attorney failed to object to his being forced to wear a stun belt in the courtroom. The district court vacated Stephenson’s conviction and sentence, but the 7th Circuit Court of Appeals reversed and remanded, determining that “the question of prejudice from Stephenson’s having been required to wear the stun belt at the penalty hearing will require the further consideration of the district court on remand.â€
On remand, the district judge determined Stephenson was not prejudiced by his counsel’s failure to object to him wearing the stun belt during the penalty phase, so he appealed again in John M. Stephenson v. Ron Neal, 16-1312.
In a Friday opinion, Judge Richard Posner wrote evidence existed that might have convinced a jury to acquit, such as testimony that another man, Brian Mossberger, had left his home on the night of the murders to chase a truck and had returned claiming he had “got them.†But such evidence suffers from contradictions and credibility issues, Posner wrote, so it fails to establish Stephenson’s innocence.
Stephenson further argued that he was denied an impartial jury due to the fact that the foreman knew one of the victim’s sisters and that two other jurors had been discussing Stephenson’s participation in a prior bar fight. But considering that the jury was given eight months’ worth of evidence, there is no reason to overturn the Indiana Supreme Court’s determination that Stephenson was not prejudiced at the guilt phase, Posner wrote.
However, Posner went on to write that the jurors’ ability to see the stun belt during the penalty phase could have been construed as evidence that he was violent and worthy of the death penalty. Thus, the 7th Circuit reversed the denial of Stephenson’s petition for habeas corpus and remanded the case with directions to vacate his sentence. The state may choose to once again seek the death penalty and hold a new penalty hearing without the stun belt, or seek a lesser sentence and hold the hearing before a judge.
Evansville HydroFestâ„¢ Setting Records Before Races Begin
To date, Evansville HydroFestâ„¢ has 57 Hydroplane teams in eight classes of Inboard Boats on deck to compete in the Labor Day Weekend racing action. This represents the largest field of participants ever to race on the Ohio River in Evansville. Previous boat races in Evansville averaged 14 teams per year. Teams from across the United States and Canada will compete on the Ohio Riverfront in Downtown Evansville, Friday September 1st, Saturday September 2nd, and Sunday September 3rd, 2017. For event schedules visit www.evansvillehydrofest.com.
At the three-day event, Evansville HydroFestâ„¢ will host the American Power Boat Association’s Eastern Divisional Championships on Saturday, and North American Championships on Sunday. Among drivers with local name recognition scheduled to race will be Jeff Bernard, winner of Evansville’s last Hydroplane race in 2009. Race Director, Randy Lientz notes, “At our initial news conference on January 19th, we promised fans non-stop racing action. By the quantity and quality of teams, we’re able to deliver on that promise.â€
A $10 Evansville HydroFestâ„¢ Admission Wristband admits ages 13 and up to all three days of racing. Ages 12 and under are free. For those 21 and
above, the Wristband includes admission to the Concert & Beer Garden at Tropicana’s Outdoor Events Plaza, Friday and Saturday, 6:00 pm-midnight.
Purchase Admission Wristbands at all six Evansville-area Schnuck’s stores, nine Heritage Federal Credit Union locations, the Evansville Museum of Art, History and Science, and SWIRCA until August 31st. Starting September 1st, Admission Wristbands will be available at Riverside Dr. Admission Gates: Court St. attended by SWIRCA, Main St. attended by CASA, and Cherry St. attended by the Evansville Museum Guild. For each $10, the non-profit group earns $2 to further its positive impact on our City.
Evansville HydroFestâ„¢ 2017 is a Presentation of Evansville Events, Inc., a 501c3 non-profit entity of the Evansville Convention and Visitors Bureau. Bob Warren is Executive Director. Serving on the Executive Organizing Committee are Vernon Stevens, President of Southern Business Machines and Randy Lientz, President of AXIOM. Warren, Stevens, and Lientz all reside in Evansville.
Gov. Holcomb on HUD Secretary Ben Carson’s Visit to East Chicago
Today Governor Eric J. Holcomb, Lt. Governor Suzanne Crouch and Indiana Housing and Community Development Authority Executive Director Jacob Sipe welcomed U.S. Housing and Urban Development Secretary Ben Carson, U.S. Senator Joe Donnelly, U.S. Senator Todd Young, U.S. Rep. Pete Visclosky, East Chicago Mayor Anthony Copeland, state officials and lawmakers, East Chicago officials, residents and community leaders to the former Carrie Gosch Elementary School on the USS Lead superfund site.
Gov. Holcomb offered the following statement regarding the day’s visit:
“It speaks volumes that Dr. Carson made northwest Indiana one of his first stops as HUD Secretary to listen to the perspectives of East Chicago residents. We have so many assets in the Region – location, infrastructure, ports and more – but the absolute most important assets are our people, our neighborhoods and our communities. We will remain laser-focused on working together at the local, state and federal levels to ensure we continue down the right path.â€
Photo 1: IHCDA Exec. Dir. Sipe addresses the group of local, state and federal officials at the former Carrie Gosch Elementary School on the USS Lead superfund site.
Photo 2: HUD Secretary Carson, Gov. Holcomb, Lt. Gov. Crouch and other local, state and federal officials meet with residents to hear their perspectives and updates about the USS Lead superfund site in East Chicago.
Photo 3: Gov. Holcomb answers questions about the USS Lead Superfund Site in East Chicago. Behind him pictured left to right: Mayor Anthony Copeland, Rep. Visclosky, Sen. Young, Sen. Donnelly, HUD Sec. Carson and Lt. Gov. Crouch.
 HUD Secretary Carson, Gov. Holcomb, Lt. Gov. Crouch as well as other local, state and federal officials participate in a roundtable to discuss the USS Lead superfund site in East Chicago.
7th Circuit Partially Vacates Sex Trafficking Convictions
7th Circuit Partially Vacates Sex Trafficking Convictions
Olivia Covington for www.theindianalawyer.com
The 7th Circuit Court of Appeals has vacated part of a man’s convictions for his involvement in a juvenile sex trafficking scheme, finding the statute under which he was convicted is unconstitutionally vague.
The case of United States of America v. Douglas D. Jackson, 15-3693, began in May 2014 when Jackson, who was then 25 years old, met 15-year-old J.T. and told her he was 17. Jackson asked J.T. if she wanted to make some money, then began paying for to alter her appearance and placing ads on the website Backpage.com
The ad listed a phone number of a prepaid flip phone Jackson had purchased, and he and J.T. used the phone to text customers, who paid $150 for 30 minutes with J.T. or $200 for an hour. The pair travelled from South Bend to Atlanta, Louisville and Grand Rapids, Michigan to meet customers.
While in Grand Rapids, police officers were conducting a routine patrol in an area known for prostitution when they saw J.T. leave the car with her underwear exposed and Jackson reaching into the floorboard of the vehicle. One of the officers shined a light into Jackson’s car and discovered a firearm, which he had a permit for.
Jackson was then arrested and J.T. was taken into custody. After J.T. admitted that she was engaged in prostitution, Jackson was charged by complaint with two counts of sex trafficking a minor. He was later indicted on several other counts, including one count of possession of a firearm during a crime of violence, namely, sex trafficking under 18 U.S. Code section 924(c), among others.
A jury found Jackson guilty as charged, but he moved under Federal Rule of Criminal Procedure 29 for acquittal of the charge under section 924(c), arguing that statute was unconstitutionally vague. The statute defines a “crime of violence†as a felony that, among other standards, “involves a substantial risk that physical force … may be used in the course of committing the offense.†That language, Jackson said, was subject to the same deficiencies that led to the invalidation of the residual clause Armed Career Criminal Act in Johnson v. United States, — U.S. –, 135 S.Ct. 2551 (2015).
The U.S. District Court from the Northern District of Indiana disagreed and denied Jackson’s motion. The court then determined his offense level should be increased by two levels because he was a manager or supervisor in the offense and another two levels because he falsely claimed ignorance of the prostitution.
Jackson was, thus, sentenced to 295 months, but on appeal he once again argued his conviction under section 924(c) must be vacated due to unconstitutional vagueness. The 7th Circuit Court of Appeals agreed, with Judge Ilana Rovner writing that Johnson has since been extended in United States v. Vivas-Ceja, 808 f.3d 719, to hold section 924(c)(3)(B) unconstitutionally vague. Based on the holding in Vivas-Ceja, that identical language of 18 U.S.C. section 16(b) was unconstitutionally vague, the court held in United States v. Cardena, 842 F.3d 959, 996 (7th Cir. 2016), that section 924(c) is also vague.
“We acknowledge that the case for distinguishing section 924(c)(3)(B) is not altogether unconvincing, but conclude that, unless we hear differently from the Supreme Court in (Sessions v. Dimaya, No. 15-1498), stare decisis and our recent precedents compel the conclusion that section 924(c)(3)(B) is unconstitutionally vague,†Rovner wrote.
Thus, the 7th Circuit vacated Jackson’s conviction under that statute, and also found the district court erred by enhancing his offense level as a manager or supervisor, because the victim of a crime cannot be a “participant.†Thus, the case was remanded for resentencing without the adjustment.