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DON’T TREAD ON HER BY Jim Redwine

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Gavel Gamut

By Jim Redwine

www.jamesmredwine.com

(Week of 06 March 2017)

DON’T TREAD ON HER

Should you be among the vast legions of loyal Gamut readers who read and preserved last week’s column you will no doubt have committed to memory the conversation between our contemporary Adam and Eve, ergo Jim and Peg, concerning the glories of spring.

Unfortunately, another of those readers was Peg. Usually she just types up my burnt offerings as rapidly as she can without deigning to take the slightest note. However, since her name was mentioned she actually read and was not amused by last week’s “Fair and Balanced” exposition of hers and my differing approaches to the Earth’s yearly awakening. Peg has demanded a retraction in lieu of filing a lawsuit or worse.

I spent at least five seconds resisting her unreasonable and incessant demands then remembered what Rudyard Kipling (1865-1936) wrote:

The Female of the Species

WHEN the Himalayan peasant meets the he-bear in his pride,

He shouts to scare the monster, who will often turn aside.

But the she-bear thus accosted rends the peasant tooth and nail.

For the female of the species is more deadly than the male.

When Nag the basking cobra hears the careless foot of man,

He will sometimes wriggle sideways and avoid it if he can.

But his mate makes no such motion where she camps beside the trail.

For the female of the species is more deadly than the male.

When the early Jesuit fathers preached to Hurons and Choctaws,

They prayed to be delivered from the vengeance of the squaws.

‘Twas the women, not the warriors, turned those stark enthusiasts pale.

For the female of the species is more deadly than the male.

Man’s timid heart is bursting with the things he must not say,

For the Woman that God gave him isn’t his to give away;

But when hunter meets with husbands, each confirms the other’s tale—

The female of the species is more deadly than the male.

Man, a bear in most relations—worm and savage otherwise,—

Man propounds negotiations, Man accepts the compromise.

Very rarely will he squarely push the logic of a fact

To its ultimate conclusion in unmitigated act.

Fear, or foolishness, impels him, ere he lay the wicked low,

To concede some form of trial even to his fiercest foe.

Mirth obscene diverts his anger—Doubt and Pity oft perplex

Him in dealing with an issue—to the scandal of The Sex!

But the Woman that God gave him, every fibre of her frame

Proves her launched for one sole issue, armed and engined for the same;

And to serve that single issue, lest the generations fail,

The female of the species must be deadlier than the male.

She who faces Death by torture for each life beneath her breast

May not deal in doubt or pity—must not swerve for fact or jest.

These be purely male diversions—not in these her honour dwells—

She the Other Law we live by, is that Law and nothing else.

She can bring no more to living than the powers that make her great

As the Mother of the Infant and the Mistress of the Mate.

And when Babe and Man are lacking and she strides unclaimed to claim

Her right as femme (and baron), her equipment is the same.

She is wedded to convictions—in default of grosser ties;

Her contentions are her children, Heaven help him who denies!—

He will meet no suave discussion, but the instant, white-hot, wild,

Wakened female of the species warring as for spouse and child.

Unprovoked and awful charges—even so the she-bear fights,

Speech that drips, corrodes, and poisons—even so the cobra bites,

Scientific vivisection of one nerve till it is raw

And the victim writhes in anguish—like the Jesuit with the squaw!

So it comes that Man, the coward, when he gathers to confer

With his fellow-braves in council, dare not leave a place for her

Where, at war with Life and Conscience, he uplifts his erring hands

To some God of Abstract Justice—which no woman understands.

And Man knows it! Knows, moreover, that the Woman that God gave him

Must command but may not govern—shall enthral but not enslave him.

And She knows, because She warns him, and Her instincts never fail,

That the Female of Her Species is more deadly than the Male.

(Thanks to my friend Sam Blankenship for directing me to this warning.)

Anyway, Gentle Readers (at least of the male persuasion), I am confident you will agree with me on two points: (1) Peg was dead wrong; and, (2) I would be foolish to say so!

For more Gavel Gamut articles go to:

www.jamesmredwine.com

Justices Reverse Suppression Of Man’s Admission To Driving Under The Influence

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Justices Reverse Suppression Of Man’s Admission To Driving Under The Influence

Oliivia Covington for www.theindianalawyer.com

The Indiana Supreme Court has reversed a motion to suppress evidence of a man’s admission to driving under the influence at a sobriety checkpoint, holding that the brief and public nature of the checkpoint did not require police officers to give the man a Miranda warning.

In the case of State of Indiana v. David Brown, 49S05-1606-CR-348, David Brown, who was driving a motorcycle, was stopped as part of an Indianapolis Metropolitan Police Department field sobriety checkpoint and was ultimately arrested after officers observed that he had red, watery eyes, struggled to retrieve his license, slurred his speech and smelled like alcohol. Further, Brown admitted to officers that he had been drinking.

The state charged Brown with Class C misdemeanors operating while intoxicated and operating a vehicle with an alcohol concentration of at least .08 but less than .15 grams per 210 liters of breath. During a bench trial, Brown’s counsel asked an officer if he had Mirandized Brown before asking him if he had been drinking, and the officer indicated that he had not done so and further indicated that Brown was not free to go when the question was asked.

Based off that testimony, Brown’s counsel objected, holding that the officer had committed a Miranda violation. The state, however, argued that a Miranda warning was not necessary because the sobriety checkpoint was not a custodial situation.

The Marion Superior Court ultimately granted Brown’s motion to suppress, prompting the state’s initial appeal to the Court of Appeals. The appellate panel dismissed the appeal after determining sua sponte that the state had no statutory authority to appeal because Brown never filed a written motion to suppress.

After agreeing to hear the case in June, the Indiana Supreme Court held in a Thursday opinion that Indiana Code 35-38-4-2(5) permits the state to bring its appeal because the grant of Brown’s motion to suppress had the effect of precluding further prosecution in the case.

Justice Steve David, writing for the court, noted that although Brown initially raised the Miranda through an oral objection, he eventually filed a “Memorandum of Law in Support of a Motion to Suppress.” Because the suppression order was so broad as to including “’any statements by (Brown) as well as any evidence obtained thereafter,’” the order “effectively excludes all evidence the State would need to prove these charges,” David wrote.

Further, the justices held that under Berkemer v. McCarty, 468 U.S. 420, 439-40 (1984), the sobriety checkpoint did not trigger a Miranda warning because it was temporary and brief in nature and public. Specifically, the officers were working in a well-lit Arby’s parking lot and were instructed that they had only two minutes to discern impairment, thus meeting the Berkemer requirements.

“This is not to say that there cannot be a set of circumstances where a detention as part of a sobriety checkpoint is so lengthy and/or private that it triggers Miranda,” David wrote. “However, looking at the circumstances in this case, including the short duration of the stop and the public nature of it, we cannot say that Brown was in custody for Miranda purposes.”

Justice Robert Rucker concurred in result with the majority, writing in a separate opinion that he believes motorists detained at sobriety checkpoints are entitled to Miranda protection. However, Rucker acknowledged that the U.S. Supreme Court “has declined to expand Miranda’s reach to cases involving routine traffic stops and its reasoning is applicable to the case before us.”

Air Quality Forecast

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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.

Friday

March 3

Saturday
March 4
Sunday
March 5
Monday
March 6
Tuesday
March 7
Fine Particulate
(0-23 CST avg)
Air Quality Index
good moderate good good NA*
Ozone
Air Quality Index
NA* NA* NA* NA* NA*
Ozone
(peak 8-hr avg)
(expected)
NA* NA* NA* NA* NA*

*

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 are available through USEPA AIRNow.

Announcing 1st Saturday Hours

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We have new Saturday hours!
Starting tomorrow!
March 4th, 11 AM – 2 PM
The weather will be perfect tomorrow for a nice stroll through Downtown Evansville. Stop in at the Arts Council to see what our local artist members have been creating!
Are you an artist who would like an opportunity to display work in our consignment shop?
Stop in and become a member!

Gallery Hours:

Sunday & Monday
by appointment
Tuesday – Friday
10 AM – 4 PM
1st Saturday of the month
11 AM – 2 PM
All other Saturdays
by appointment

USI Dental Hygiene Clinic To Repeat Free Dental Cleanings For Veterans

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The University of Southern Indiana Dental Hygiene Clinic will provide free dental cleaning, fluoride and X-rays for military veterans on March 13, 14, 15 and 16. In an attempt to serve more veterans, the USI Dental Hygiene Program has doubled the number of appointment times available, and there will be evening hours again this year.

“In the past, these dental cleaning appointments have booked very quickly,” said Joel Matherly, manager of the Veteran, Military & Family Resource Center at USI. “The huge response points to the need in our community for veterans to have access to this type of care. We appreciate how the USI Dental Hygiene Clinic has responded to the veterans.”

The USI Dental Hygiene Program collaborates with Southwest Indiana Area Health Education Center (SWI-AHEC) and USI’s Veteran, Military & Family Resource Center to offer these special clinic hours for veterans. USI Dental Hygiene faculty will supervise the students who will be working in the clinic.

Appointments are required and can be made by calling 812-464-1706. Proof of military affiliation and a picture identification is required.

The USI Dental Hygiene Clinic is located on the USI campus in the Health Professions Center Room 1040, 8600 University Boulevard, Evansville, Indiana 47712.

The Dental Hygiene Program at the University of Southern Indiana is accredited by the Commission on Dental Accreditation of the American Dental Association, a specialized accrediting body recognized by the Council on Postsecondary Accreditation and by the United States Department of Education.

Southwest Indiana AHEC began as a regional center in 2008, and it is hosted by the University of Southern Indiana in the College of Nursing and Health Professions. SWI-AHEC is part of a national network with a mission to improve health by leading the nation in the recruitment, training and retention of a diverse health workforce for underserved communities.

Hot Jobs in Evansville

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Cable Installation Technician
Integrity II – Evansville, IN
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TV News Morning Show Reporter
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Pricing Analyst
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Academic Program Coordinator
Oakland City University  8 reviews – Evansville, IN
TV News Video Editor
Bayou City Braodcasting (WEVV-TV) – Evansville, IN
Media Aide
Evansville Vanderburgh School Corporation  10 reviews – Evansville, IN
$8.50 an hour
Production Operator
A. Schulman, Inc.  57 reviews – Evansville, IN
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Caregiver Homes  25 reviews – Evansville, IN
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Clerical Associate, Surgery Oncology
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Dental Assistant/Receptionist
Smileson1st – Evansville, IN
Job Coach
Easterseals Rehabilitation Center – Mount Vernon, IN
Medical Office Coordinator
The Center for Vein Restoration – Evansville, IN
Head Coach – Football
Evansville Vanderburgh School Corporation  10 reviews – Evansville, IN
Material Handler
A. Schulman, Inc.  57 reviews – Evansville, IN
Customer Service Specialist II
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Administrative and Technical Support Specialist
Oakland City University  8 reviews – Evansville, IN
DSS Specimen Processor
Deaconess Health System  23 reviews – Evansville, IN
Delivery Driver
Lowe’s Inc.  15,621 reviews – Evansville, IN
Caregiver
Homewatch Caregivers  149 reviews – Evansville, IN
$9 an hour
Laboratory Technician (Second Shift) – Mt. Vernon, IN
Archer Daniels Midland Company (ADM)  237 reviews – Mount Vernon, IN
Ortho Uro Specialist, Ortho
Deaconess Health System  23 reviews – Newburgh, IN
Help Wanted
nellies restaurant – Newburgh, IN
Assistant Group Home Manager
Easterseals Rehabilitation Center – Evansville, IN
$12.75 an hour
Orthotic/Prosthetic Patient Care Assistant and Manufacturer
Riverside Prosthetics – Evansville, IN
$14 an hour
Seeking PART TIME Merchandising Evansville, In
ATA Retail Services  25 reviews – Evansville, IN
$10 an hour
Service Manager
Lowe’s Inc.  15,621 reviews – Evansville, IN
Craftsman – Analyzer Technician
CountryMark  3 reviews – Mount Vernon, IN
Serviceman/Person E1393C
American Water  140 reviews – Newburgh, IN

Eagles lose a heartbreaker in GLVC quarterfinals, 69-68 BOX SCORE (HTML)

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The 12th-ranked and third-seeded University of Southern Indiana men’s basketball team lost a heartbreaker in the Great Lakes Valley Conference quarterfinals to sixth-seeded Truman State University, 69-68, Thursday evening at the Ford Center. USI watches its record go to 25-4 overall, while Truman goes to 22-8 overall.

With the loss, the Screaming Eagles will have to wait until Sunday night to see if they receive an at-large bid to the NCAA Division II Midwest Regional. The Eagles entered the GLVC Tournament play as the third ranked team in the region with the top eight teams advancing to the national tournament.

In a rough and tumble first half, Truman had a 33-30 lead by the intermission. The first 20 minutes feature amazing 11 lead changes and 7 ties as both teams were a combined 35.7 percent from the field (20-56).

USI, which did not connect from beyond the arc in the first half  (0-10), was led by junior forward Julius Rajala (Finland) and senior guard/forward Jeril Taylor (Louisville, Kentucky), who had 10 points each. Rajala, who had the first six points for the Eagles, reached double-digits for the first time since his broken finger since sideline him in January.

Truman surged out to an 11-point lead, 41-30, with a 6-0 run to start the first three minutes of the second half. USI sophomore Alex Stein (Evansville, Indiana) scored eight points over seven minutes and ignited a 17-4 run by the Eagles to regain the lead, 47-45, with 10:11 to play. The Eagles would extend the two point lead to five, 54-49, with 7:17 left, but the Bulldogs recovered with a 9-4 run to tie the game, 58-58.

The final four minutes would see five ties and five lead changes with USI leading by a bucket twice before Truman scored the final three points of the with three seconds remain to come away with the 68-68 victory. Overall, the game featured a total of 17 lead changes and 15 ties.

USI shot better in the final half, hitting 59.1 percent from the field (13-22) and 42.9 percent from beyond the arc (3-7), but could not overcome the 32.3 percent from the field (10-31) in the first half and 17 turnovers in the game. The Eagles did win the battle of the glass, 45-21.

Individually, Rajala led the three Eagles in double figures with 20 points. The junior forward was eight-of-11 form the field and four-of-four from the line in his third 20-point game of the season.

Stein and Taylor followed Rajala in the scoring column with 13 points each. Taylor also produced his eighth double-double with a team-high 10 rebounds.

 

IS IT TRUE MARCH 3, 2017

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IS IT TRUE that the Evansville Vanderburgh School Corporation is now the proud owner of a golf course?…the large block of acreage on the Northside where people play one of the sports of kings was picked up by the EVSC for the handsome sum of $3.5 Million? …golf is a declining sport when it comes to mass participation and it is no wonder that the Brinker family who owned the course were open to letting it go?…we wonder why the EVSC could not find a piece of land that was undeveloped, so they could get a better price?

IS IT TRUE everyone is aware that the population is moving out if the City of Evansville and into the unincorporated area on the North and West side?…at this point there is a new North High School, a new McCutcheonville Elementary and this land is slated for a new Junior High, none of which would have been necessary if the City of Evansville had not been allowed to degrade to the point of no return?…we predict the Northside schools will continue to dominate the academic performance rankings along with the Signature School and area Catholic schools?…we wonder why the City of Evansville based schools and especially those on the South and Southeast sides have been allowed to degrade to the point that the kids are performing at a failing grade level?

IS IT TRUE that Mole #3 tells the CCO that a couple of City of Evansville officials and some close surrogates may be getting sued by a couple of soon to be plaintiffs? …its been alleged that the first lawsuit will be about price gouging, a claim of retaliatory acts, defamation of his character and tortious interference with a contractural business relationship? …Mole #3 also alleges that the other lawsuit in the works will be about a wrongful termination and defamation of character?  …that both lawsuits damage claims may be well into six figures?  …we hope that the City of Evansville and their surrogates have good errors and omissions insurance to pay for the above threaten lawsuits?

IS IT TRUE a reader asked us yesterday what the sponsorship value that Old National Bank eventually paid for the naming rights the building formerly known as The Centre? …we do not recall ever learning what the amount turned out to be after the value of $4 Million was allegedly reneged on because public held companies can’t overpay for things like naming rights?  …what we are sure of is that there was plenty of egg on plenty of faces when that sweetheart deal fell apart?

IS IT TRUE in a recent media interview ECHO Executive Director Stephanie TenBarge declared she’s planning to paint a cool “Mural” on the side of the 27 one bedroom apartment for the homeless?  …in our opinion putting a painted “Mural” on the side of apartment building for the homeless is a total waste of our hard earned tax dollars?  …that ECHO Housing Board of Directors should be ashamed of allowing ECHO Executive Director Stephanie TenBarge to go forward with this wasteful “Mural”  project?

FOOTNOTE: Todays “READERS POLL” question is: Do you feel that it’s time for the State and Federal authorities do a comprehensive audit of the financial activities of the Evansville ECHO Housing?

CHANNEL 44 NEWS: Owensboro Airport Officials Ask for Double the Funding

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Owensboro Airport Officials Ask for Double the Funding

Eight years ago, commercial service at the Owensboro Daviess County Airport was renewed. Now, they’re asking the City Commission and Fiscal Court to double funding, in an aim to keep commercial service at the airport. Airport officials are hoping…