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Two-Year Prison Sentence Affirmed For Convict With Leukemia
Two-Year Prison Sentence Affirmed For Convict With Leukemia
Olivia Covington for www.theindianalawyer.com
A divided 7th Circuit Court of Appeals has affirmed the two-year sentence handed down to an older man being treated for leukemia, though the dissenting appellate judge had serious questions about the Bureau of Prisons’ ability to meet the man’s medical needs.
In USA v. Jeffrey Rothbard, 16-3996, Jeffrey Rothbard was on probation for a forgery conviction when he launched a wire fraud scheme that ultimately earned him more than $200,000 in illegal funds. Acting as an agent of “GreenCity Finance,†Rothbard would purport to arrange for financing for energy saving upgrades for companies wanting to improve their facilities, then would pocket the companies’ deposits for his personal use.
After pleading guilty to wire fraud, Judge Richard Young of the U.S. District Court for the Southern District of Indiana sentenced Rothbard to 24 months in prison. Rothbard challenged his sentence on appeal, questioning the ability of the Bureau of Prisons to care for his health needs.
In 2005, Rothbard was diagnosed with a “particularly virulent†form of leukemia, and before his sentencing, Rothbard’s probation officer recommended a more lenient sentence of 12 months’ detention in a halfway house and another 12 months in home confinement due to his illness, which also included mental health concerns. Additionally, Rothbard filed a pre-sentencing memorandum that argued that a custodial sentence would be unreasonable because the BOP could not guarantee that he would receive the medical care he needed.
In his sentencing decision, Young considered a letter from a BOP medical director who wrote that inmates who may require daily nursing care can receive services from the Medical Referral Center, which is staffed 24 hours a day and which contracts with community specialists. Additionally, the director said that the BOP permits medical providers to request certain drugs, such as the ones Rothbard uses for his leukemia treatment, through an expedited approval process.
The 7th Circuit Court of Appeals granted Rothbard’s request for a stay of his report date, then requested additional information about what Rothbard could expect if he were incarcerated in a BOP facility. Chief Judge Diane Wood noted in a Friday opinion that it is unusual to supplement the record on appeal, but said her court justified taking such a step because the stakes were high.
Through the requested additional information, the 7th Circuit learned that since 2010, ten inmates with the same condition as Rothbard have requested the drug prescribed to him, and all 10 requests were approved. Thus, a divided 7th Circuit affirmed Rothbard’s sentence.
Judge Richard Posner dissented, writing in a separate opinion that Rothbard was right in his argument that the BOP cannot guarantee adequate medical attention. While the bureau has provided the necessary drug to other inmates suffering from the same condition, it will not commit to providing it to Rothbard, Posner said.
“Essentially the prosecution, the district court, and now my colleagues, ask that the Bureau of Prisons be trusted to give the defendant, in a federal prison, the medical treatment that he needs for his ailments,†Posner wrote. “Yet it is apparent from the extensive literature on the medical staff and procedures of the Bureau of Prisons (a literature ignored by my colleagues), that the Bureau cannot be trusted to provide adequate care to the defendant.â€
Rather than affirming the 24-month sentence, Posner wrote that he would reverse that sentence and instead impose the sentencing recommendation from Rothbard’s probation officer, or reverse and remand the case with instructions to “appoint neutral expert witnesses drawn both from the medical profession and from academic analysis of prison practices and conditions
HOT JOBS IN EVANSVILLE
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County Council Agenda April 5, 2017
AGENDA
VANDERBURGH COUNTY COUNCIL APRIL 5, 2017
3:30 P.M.
ROOM 301
- OPENING OF MEETING
- ATTENDANCE ROLL CALL
- PLEDGE OF ALLEGIANCECounty Council agenda
- INVOCATION
- APPROVAL OF MINUTES – March 1, 2017
- PERSONNEL REQUESTS:
- (A) Â TREATMENT COURT/Request to fill vacancy for Administrative Assistant andmove 3 part-time Deputy Sheriffs from Veteran Treatment Court to User Fees
- (B) Â CLERK/Request to create & fill position of Superior Court Clerk
- (C) Â PROSECUTOR/Request to fill vacancy for Deputy Prosecutor
- (D) Â COOP EXTENSION/Request to fill vacancies for 3 4-H Summer Assistants
- (E) Â JAIL/Request to create positions of 16 Confinement Officers and 6 Supervisors
- (F) Â HIGHWAY/Request to fill vacancy for Truck Driver
7. APPROPRIATION ORDINANCE:
- (A) Â CLERK
- (B) Â JAIL
(C) LOCAL DRUG FREE COMMUNITY (D) CONVENTION CENTER OPERATING
8. REPEAL:
(A) (B)
9. TRANSFERS:
- (A) Â SHERIFF
- (B) Â COMMISSIONERS
(C) SUPERIOR COURT (D) HIGHWAY
10. OLD BUSINESS:
(A) CLARIFICATION on CLERK/Request to fill vacancies for Circuit Court Clerk
and CLERK’S PERPETUATION/2 part-time Extra Help
- NEW BUSINESS:
- (A) Â TRAVEL REQUESTS:1. TREASURER
2. RECORDER (2)
3. DADS
4. COUNTY ENGINEER
5. HEALTH DEPARTMENT (6) - (B) Â MARK UHRIN/Discuss cost of repairs to data center equipment
- (C) Â HEALTH DEPARTMENT/Discussion for moving Health Department
- (A) Â TRAVEL REQUESTS:1. TREASURER
- AMENDMENTS TO SALARY ORDINANCE:
(A) CLERK (2)
(B) PROSECUTOR
(C) COOP EXTENSION
(D) HIGHWAY (2)
(E) DAY REPORTING DRUG COURT (F) SUPERIOR COURT DOC GRANT
- PUBLIC COMMENT
- REMINDER NEXT MEETING DATE/TIME:
- ADJOURNMENT
April 26, 2017 @ 3:30 P.M.
Red denotes Personnel and Finance meeting
Blue denotes County Council meeting
EVANSVILLE POLICE MERIT COMMISSION MEETING AGENDA
EVANSVILLE POLICE MERIT COMMISSION
MEETING AGENDA
Monday, March 27, 2017
2:00 p.m. Room 307, Civic Center Complex
- EXECUTIVE SESSION:
- An executive session and a closed hearing will be held prior to the open session.
- The executive session and hearing are closed as provided by:
- I.C. 5-14-1.5-6.1(b)(5): To receive information about and interview prospective employees.
- I.C. 5-14-1.5-6.1(b)(6)(A): With respect to any individual over whom the governing body has jurisdiction to receive information concerning the individual’s alleged misconduct.
- I.C. 5-14-1.5-6.1(b)(9): To discuss a job performance evaluation of individual employees. This subdivision does not apply to a discussion of the salary, compensation, or benefits of employees during a budget process.
- OPEN SESSION:
- CALL TO ORDER
- ACKNOWLEDGE GUESTS
- APPROVAL OF MINUTES:
- March 13, 2017 (Hegeman, Cook, and Scott)
- APPROVAL OF CLAIMS:
- PROBATIONARY OFFICER UPDATE:
- Sergeant Steve Kleeman – 4 officers in field training
- Sergeant Brian Talsma – 5 officers in SWILEA
- APPLICANT REVIEW:
- 16-168
- 16-095
- MERIT AWARD RECOMMENDATION:
- Officer Jasen Clegg – for actions taken on August 22, 2015 and February 23, 2017.
- Civilians Josh Burns, Josh Gibson, and Todd Webber – for their actions and assistance on October 7, 2016.
- PENDING DISCIPLINARY MATTERS: Personnel Order 16-PO-27: Officer Marcus Craig, Badge Number 1250 – 21 day suspension, with a further recommendation that the Merit Commission consider termination. Appeal hearing to be set at later date pending disability hearing per motion at February 21st meeting.
- REMINDERS:Â The next meeting will by Monday, April 10, 2017 with the Executive Session beginning at 2:00pm.
- ADJOURNMENT
Sobriety Checkpoint Nets One Impaired Driver
March Enforcement Campaign on
Dangerous and Impaired Drivingâ€
Gibson County – Between 10:00 last night and 1:00 this morning, Indiana State Police conducted a sobriety checkpoint on SR 64 at 2nd Avenue in Princeton. During the checkpoint 82 vehicles passed through and one Oakland City man was arrested for driving while intoxicated. Troopers also cited one person for possession of marijuana and another driver for driving while suspended.
Arrested for Driving While Intoxicated:
- Cory Vinnedge, 30, Oakland City, INÂ Â (BAC .11%)
The Indiana state Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.
COMING SOON TO A COURTROOM NEAR YOU By Jim Redwine
Gavel Gamut
www.jamesmredwine.com
(Week of 27 March 2017)
COMING SOON TO A COURTROOM NEAR YOU
On April 10, 2017 in the courtroom of the Posey Circuit Court the Posey County Bar Association and teachers and students from Mt. Vernon High School and North Posey High School will celebrate the Rule of Law. Law Day was established as a response to the Soviet Union’s military display on May Day.
This will be the thirty-fourth straight year the Bar and the schools have joined in the presentation of a Mock Trial in which the teachers guide their students in a jury trial. From 1984 until New Harmony High School closed the three schools rotated portraying the court personnel and each of two sides to a fictional case. Now the Bar Association provides the judge, Superior Court Judge Brent Almon, and the jury composed of attorneys.
The two high schools select students who enact the roles of witnesses called to testify by student attorneys who also argue their cases to the jury. The jury of practicing lawyers decides the outcome from which there is no appeal.
Over the years over a thousand Posey County students have learned by actual doing how their legal system works. Some of the student attorneys have gone on to become actual members of the Bar.
The Mock Trial is open to the public and will begin at 8:30 am on April 10. While cameras and recording devices are usually prohibited in Indiana courts, anyone who wishes to attend is welcome to take photographs and record the proceedings.
Next week the Mock Trial case and the names of the participants from the two high schools will be divulged.
For more Gavel Gamut articles go to:
www.jamesmredwine.com
IS IT TRUE ?
IS IT TRUE that Jacob Murphy, the millennial professional who was wrongful dismissed from his Directorship role at Burdette Park may be looking elsewhere for gainful employment?  … its only natural for him to be jaded on anything with the stench of the Vanderburgh County thanks too Commissioners Shoulders and Musgrave?…its obvious that he has enjoyed his job at Burdette Park and seen it as a good growth path for a future rewarding career?…we know he shall find other gainful employment opportunities in another town where patronage hiring policies will take a back seat to competence and performance?
Breaking News: Jacob Murphy’s Open Letter
All,
I have been debating as to whether I should make a statement about the recent events pertaining to myself and Burdette Park. Ultimately I have decided that there are some things that I need to say and that you deserve to hear.
First, I’m so thankful. I’m thankful to have had the chance to work with so many talented and wonderful people that are employed by Vanderburgh County. All current and former members of the Burdette Park Advisory Committee have been an absolute pleasure to work with. Our ability to debate, plan and conquer a multitude of the challenges that have faced the department over the past two years is worthy of celebration. Without the committee’s passion and enthusiasm for Burdette Park, it would have been difficult to accomplish most anything. We make a great team. I am confident that you will show the next manager of Burdette Park the same support and grace that was given to me.
Former Commissioners Abell, Melcher and Kiefer put their faith in me to lead Burdette Park. I cannot thank them enough for seeing my potential and believing in me.
I want to thank Commissioner Ungethiem for giving me a chance to prove myself to him and allowing me the opportunity to earn his respect. Bruce is a fine public servant and an intelligent man that I have grown to admire.
Commissioner Shoulders has been nothing short of supportive of me and has always been willing to listen. I know the decision to appoint Pat Tuley and replace myself as park manger was not done without intense deliberation and good intentions.
Commissioner Musgrave is a commanding and charismatic leader, I wish I had been afforded the opportunity to earn her trust.
I want thank Joe Harrison, Jr. for treating me as a capable administrator. He was always willing to entertain my ideas, questions and concerns with tact and respect.
Pat Tuley has been a great friend to me over the past couple years and given me support, advice, and encouragement on numerous occasions without hesitation. Pat is a great man. There is no doubt he would have done a phenomenal job managing Burdette had he accepted his appointment to the position.
I want to thank the community for their support. I cannot count the number of friends, acquaintances and complete strangers that have reached out to me with sincere concern. It has truly been humbling. As a transplant to Evansville, I have never felt more accepted.
Lastly, there is no combination of words that can adequately thank Burdette Park’s Assistant Manager, Jerry Grannan. He accepted, respected and befriended me without reservations. Jerry and I have spent countless hours discussing life’s endeavors. He is without a doubt the hardest working man I have met. I am lucky to have had Jerry as a coworker and I’m blessed to call him my friend.
I would welcome the opportunity to be retained by Vanderburgh County in some capacity should it be offered to me by the Board of Commissioners. I love working at Burdette Park, but I am confident that my talents and skills are transferable.
Kindest regards,
Jacob A. Murphy
Burdette Park | Executive Director
5301 Nurrenbern Rd.
Evansville, IN 47712
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