“READERS FORUM” JANUARY 28, 2017
WHAT IS ON YOUR MIND TODAY?
Todays “READERS POLL” question is: Was State Representative Hollie Sullivan out of bounds when she quietly filed a resolution to increase the local income tax without City Council knowledge?
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CHANNEL 44 NEWS: Indiana Lawmaker Has “Deep Philosophical Concerns” About Abortion Bill
Indiana Lawmaker Has “Deep Philosophical Concerns” About Abortion Bill
A key Indiana house panel will not consider a contentious attempt to ban abortions. That means the measure will likely not see the light of day for the rest of this season. Republican Representative Ben Smaltz is the Chairman of the House…
Woman Exonerated In Murder Loses Appeal Over Fingerprint Errors
Woman Exonerated In Murder Loses Appeal Over Fingerprint Errors
Olivia Covington for www.theindianalawyer.com
The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.
After Helen Sailor was strangled to death in her home in 2002, Lana Canen, along with another man, was charged and convicted in the crime. Her conviction resulted partly from testimony from Detective Dennis Chapman with the Elkhart County Sheriff’s Department, who concluded that a latent fingerprint on a plastic container used to hold Sailor’s medication matched Canen’s fingerprint.
During the trial, Chapman testified that he had compared roughly 100 sets of fingerprints during his career and was trained to recover latent prints from a crime scene. Â However, during proceedings on her petition for post-conviction relief, a fingerprint expert hired by Canen analyzed the print evidence and excluded Canen as the source of the latent print.
Chapman re-examined the evidence and also concluded that he had erred in his previous findings and recanted his earlier testimony as part of the PCR hearing. When the court asked why his opinion had changed, Chapman said “part of it†was based on his additional training in latent print identification in 2006.
Further, Chapman said his previous testimony as to his experience referenced his experience with “known†or “inked†prints and that he had not reviewed as many latent print as suggested by his trial testimony. A subsequent examination of the latent print evidence by the Indiana State Police Laboratory also excluded Canen as the source, so her conviction was vacated and she was released after seven years in prison.
Curtis Hill, who recently was sworn in as Indiana’s Republican Attorney General, was involved in Canen’s exoneration.http://www.theindianalawyer.com/aid-rises-for-those-wrongly-convicted/PARAMS/article/31294
Canen then filed the present suit in the U.S. District Court for the Northern District of Indiana, seeking money damages on the basis that Chapman had violated her due process rights under Brady v. Maryland, 373 U.S. 83 (1963) when he held himself out as an expert. The district court granted summary judgment to Chapman, partially on the basis that the detective was immune from suit.
Canen then took her case to the 7th Circuit Court of Appeals, but Judge Kenneth Ripple, writing for the unanimous appellate panel, affirmed the district court’s decision on Friday.
Like the district court, the 7th Circuit panel found that Chapman was protected by immunity first because Canen failed to prove that the law at the time of the trial clearly required Chapman to voluntarily declare his minimal training in evaluating latent finger prints.
In Fox v. State, 506 N.E.2d 1090 1095 (Ind. 1987), the Indiana Supreme Court held that “(n)o precise quantum of knowledge is required if the witness shows a sufficient acquaintance with the subject.†Thus, because Chapman was highly trained and practiced in fingerprint analysis, including latent exams, he qualified as an expert, Ripple wrote.
Further, Ripple noted that neither the prosecution nor the defense in Canen’s case asked Chapman to explain the differences between latent and known fingerprints, nor did they ask about his formal training in one discipline versus the other.
“Ultimately, Ms. Canen has pointed us to no case that establishes the legal principle that an officer is obliged to reveal the limitations on his training when he has stated his background, such as it is, then exposed himself to cross-examination by the defense,†Ripple wrote.
The case is Lana Canen v. Dennis Chapman, in his individual capacity as Deputy for the Elkhart County Sheriff Department, 16-1621.
Air Quality Forecast For Region
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 January 27 |
Saturday January 28 |
Sunday January 29 |
Monday January 30 |
Tuesday January31 |
|
| Fine Particulate (0-23Â CST avg) Air Quality Index |
good | good | good | good | NA* |
| Ozone Air Quality Index |
NA* | NA* | 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 are available through USEPA AIRNow.
Sullivan Supports Long-Term Road Funding Plan
Key House Committee Passes Comprehensive Road Funding Package
 State Rep. Holli Sullivan (R-Evansville) voted in favor of a long-term road funding proposal presented to members of the House Committee on Roads and Transportation.
“This plan will finish what we started and take care of what we need when it comes to our roads and bridges,†Sullivan said. “Officials from Southwest Indiana testified in support of the plan that would fund local projects. We will continue to examine this policy as we work to ensure Indiana’s infrastructure is sound and safe for years to come.â€
According to Sullivan, co-author of the bill, over the next 20 years Indiana will need on average more than an additional $1.2 billion annually to maintain and improve roads and bridges.
Sullivan said House Bill 1002 offers a responsible and data-driven road funding plan, calls for increasing user fees by 10 cents per gallon on gasoline, special fuel and motor carrier surcharge taxes to restore buying power lost to inflation. The gasoline tax has not been increased since 2003 and the other fees haven’t been increased since 1988. Under this plan, Sullivan said the average Hoosier motorist would only pay about $4 more per month at the pump. Moving forward, these fuel tax rates would adjust by up to 1 cent per gallon based on inflation.
Under House Bill 1002, the remaining 4.5 cents of the sales tax on gasoline would be shifted from the state’s general fund to the State Highway Fund. Sullivan said this helps ensure all taxes paid at the pump are dedicated to funding road and bridge improvements.
Sullivan said the moneys would provide a stable and sustainable source of funding for Indiana’s Community Crossings Matching Grant Fund, which provides road funding dollars to local governments.
If passed, House Bill 1002 would also require the Indiana Department of Transportation to study tolling and submit a waiver to the federal government to allow tolling on existing interstates.
The bill can now be considered by the House Committee on Ways and Means Committee, which Sullivan also serves on.
UNLOCKING THE COURTHOUSE BY JIM REDWINE
Gavel Gamut
By Jim Redwine
www.jamesmredwine.com
(Week of 30 January 2017)
UNLOCKING THE COURTHOUSE
Dr. Weaver, a Posey County, Indiana physician, and Judge Parrett, the Posey Circuit Court Judge when our courthouse was built in 1876, were friends. If Dr. Weaver could step into an operating room of a hospital today he would be unable to function. If Judge Parrett walked into the same courtroom he presided over 141 years ago, he would not miss a beat. Medicine has progressed. Law remains much as it has been for centuries. However, starting in April 2017 citizens in Posey County who need legal services will see a change much like Dr. Weaver’s new operating room.
No longer will one need to be chained to a courthouse to file legal documents or check on the status of their case. E-Filing and digital pleadings will soon take the place of musty old file folders. The legal profession has often seen changes in the law as a dangerous meddling with carefully and slowly developed procedures that are based on years of experience, good and bad. Lady Justice has always worn the same blindfold and toga for good reason. She carefully guards the courthouse portals.
This attitude has sometimes led to arcane mysteries that stultify the system and result in slow or incomplete legal outcomes or even unjust ones. Perhaps modern technology will help staunch the flow of inordinate amounts of legal documents, much of which are irrelevant to just resolutions, and will reduce the time between when cases are commenced and resolved.
Instead of citizens getting their knowledge of their legal system at the coffee shop or from television, much as patients used to turn to home remedies and wives tales, now one will be able to go right to the actual source.
Of course, changes in trappings and procedures do not guarantee justice. We might be able to increase access to the legal system while we reduce costs and delays. But justice must still come from people, not just the staffs of the Clerk and the Court, or the attorneys and judges, but also from the lay people who come to or are brought to the Bar.
Regardless of legal procedures and technologies, a desire in the participants to fairly resolve controversies always has been and always will be the best safeguard of justice. Truthful testimony and pre-trial exchanges of accurate information mean far more than scanning in pleadings or printing out court decrees over the Internet.
On the other hand, if one cannot access justice easily and economically, a proper spirit of honest compromise is of little help. Soon Posey County’s legal system will address the access portion. Citizens and those who operate the system will still need to address the rest.
For more Gavel Gamut articles go to:
www.jamesmredwine.com
VANDERBURGH COUNTY FELONY CHARGES
 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office tomorrow.
Torrance Jarmaine Stewart, Jr. Criminal Confinement, Level 6 felony
Domestic Battery, Class B misdemeanor
Anita Karen Barta Unlawful Possession or Use of a Legend Drug, Level 6 felony
Possession of Paraphernalia, Class C misdemeanor
Rashad Omar Crenshaw Criminal Mischief, Level 6 felony
Anthony Lamar Crenshaw Possession of Altered Handgun, Level 5 felony
Possession of Cocaine, Level 6 felony
Carrying a Handgun Without a License, Class A misdemeanor
Sydney E. Cooper Resisting Law Enforcement, Level 6 felony
Reckless Driving, Class C Misdemeanor
Brittany Marie Wilkerson Intimidation, Level 6 felony
Strangulation, Level 6 felony
Battery, Class B misdemeanor
Emily Helen Dispennett Conspiracy to Commit Dealing in Methamphetamine, Level 2 felony
Undefeated Indiana Men’s Swimming & Diving Beats Louisville on Senior Day
The Indiana University men’s and women’s swimming teams finished the dual meet season on Friday afternoon at the Counsilman-Billingsley Aquatic Center in Bloomington, Ind., earning a split in a top-25 matchup on Senior Day.
The No. 4-ranked Indiana men finished the dual-meet season 11-0 with a 195-105 victory over No. 7 Louisville. The undefeated year for the Hoosiers is the first for the men’s squad since 1981. The No. 14 Hoosier women finished the dual-meet season with a 7-4 mark, falling to No. 10 Louisville, 171-129.
The IU men’s team got off to a fast start with a victory in the men’s 200 medley relay. The team of Bob Glover, Ian Finnerty, Vini Lanza and Ali Khalafalla won with IU’s second-fastest time this season – 1:26.98.
On the women’s side, the team of Kennedy Goss, Lilly King, Gia Dalesandro, and Ali Rockett just got out-touched at the wall by .06 seconds, earning a runner-up finish with a mark of 1:39.76 – also the second-fastest time by the IU women this year.
Marwan Elkamash was terrific in the men’s 1000 freestyle, winning with a season-best time of 9:01.98 that ranks as the sixth-fastest time in Indiana history. The time also puts Elkamash as the third-fastest performer in the event at IU. Also for the IU men, Jackson Miller took third place with a time of 9:14.15, while Adam Destrampe was fourth with a mark of 9:16.77
In the women’s 1000 freestyle, the Hoosiers finished 1-2, with Stephanie Marchuk taking the win with a time of 10:02.50. Freshman Cassie Jernberg was right behind her in second, touching the wall in 10:07.54.
The Hoosier men had another great showing in the 200 freestyle, with Pieroni taking the win with a NCAA B cut time of 1:35.28. Mohamed Samy continued to impress, posting a career-best and NCAA B cut time of 1:36.43 to place second. Samy’s mark ranks him as the 13th-best performer in the event at Indiana. Anze Tavcar was fifth for IU in 1:38.67 For the IU women, Goss led the way in second place with a time of 1:49.68, while Delaney Barnard was sixth in 1:52.06.
Ali Rockett took home first place in the women’s 100 backstroke, touching the wall with a NCAA B cut time of 54.71, while Dalesandro was right behind her in second with a NCAA B cut mark of her own – 54.90. Rachel Matsumura placed fourth with a time of 55.51.
On the men’s side, Glover took second place in the 100 back with a NCAA B cut mark of 47.75, while Wes Duke placed fourth with a time of 50.32. Wilson Beckman was fifth with a mark of 50.49.
King continued her domination in the women’s 100 breaststroke, as the reigning NCAA and Olympic champion in the event won with a NCAA B cut time of 1:00.39. Laura Morley was fifth in 1:04.08. For the Hoosier men, Finnerty also placed first in the 100 breast, touching the wall with a NCAA B cut time of 54.47. Levi Brock placed fifth with a mark of 56.82.
Lanza had a great showing in the men’s 200 butterfly for Indiana, winning the event by over two seconds with a NCAA B cut time of 1:45.51. Brian Valedon was fourth with a mark of 1:51.14.
In the women’s 200 butterfly, Reagan Cook led a trio of IU women who scored, placing third with a time of 2:00.58. Dalesandro took fourth in 2:01.21, while Oliva Barker touched fifth in 2:02.92.
IU took the top-three spots in the 50 freestyle, with Khalafalla winning with a NCAA B cut time of 19.68. Pieroni was second with a personal best and NCAA B cut mark of 19.76, ranking him tied for eighth on IU’s all-time performer list in the event. Tavcar placed third with a time of 20.23. For the Hoosier women, Rockett placed fourth in 23.55, while Shelby Koontz took fifth place with a mark of 24.16.
Michal Bower earned the victory in the women’s 3-meter dive, placing first with a NCAA qualifying and personal-best score of 342.83. Bower now ranks as the 11th-best diver in the event in IU history. Jessica Parratto finished right behind her teammate in second with a NCAA qualifying mark of 326.85.
The Hoosier men flexed their muscle in the 1-meter dive, taking the top-four spots all with NCAA qualifying scores. Michael Hixon won with a total of 447.98, while James Connor was second with 411.98. Cody Coldren was third with a score of 324.68, while Joshua Arndt was fourth with a total of 313.65.
The Indiana men’s sprinters showed out in the 100 freestyle, taking the top four spots. Pieroni won his second individual event of the day, touching first with a NCAA B cut time of 43.18, while Tavcar took second with a NCAA B cut mark of 44.08. Samy was third with a personal-best and NCAA B cut of 44.11, while Khalafalla was fourth in 44.52. For the IU women in the event, Koontz placed fifth in 51.76, while Barnard was sixth in 52.07.
Goss earned the victory for IU in the women’s 200 backstroke, winning with a NCAA B cut time of 1:57.71. Matsumura was fourth in 1:59.83, while Drozda was fifth with a mark of 2:02.20. On the men’s side, Glover placed third to lead the Hoosiers with a time of 1:49.71, while Wyeth Brock was fourth in 1:50.84. Beckman finished fifth in 1:50.95.
In the women’s 200 breaststroke, King earned the victory, touching the wall with a NCAA B cut time of 2:12.09. Morley was fifth for IU with a time of 2:18.73 On the men’s side, Finnerty took second with a mark of 2:01.05, while Jack Kucharczyk was fifth with a time of 2:05.95.
Elkamash continued his impressive day, winning the men’s 500 freestyle with a time of 4:25.04, while Miller came in third with a mark of 4:29.35. Matthew Anderson took fifth with a time of 4:32.63. For the IU women, Goss led the charge, placing second with a time of 4:55.08, while Jernberg was third with a mark of 4:56.60. Marchuk took fifth with a time of 4:59.03.
Lanza completed his sweep of the butterfly events, winning the 100 fly with a NCAA B cut time of 47.30. Oliver Patrouch was fourth with a mark of 49.48. For the IU women, Dalesandro took second with a NCAA B cut time of 54.06, while Christine Jensen was fourth with a mark of 54.81.
The diving dominance continued for Indiana, as Hixon and Bower both completed their sweeps. For the IU men, Hixon won with a season-best score of 464.56, while Connor took second with a total of 425.85. Arndt placed third with a score of 384.91, while Coldren was fourth with a total of 354.83. All four scores were NCAA qualifying marks.
For the women, Bower beat out her teammate Parratto by just 1.15 points, winning with a NCAA qualifying score of 298.51. Parratto was second with a NCAA mark of 297.36.
In the women’s 400 IM, Sam Lisy led the way for the Hoosiers, placing second with a time of 4:21.34, while Matsumura was fourth with a mark of 4:25.70.
Finnerty capped his great day with a victory in the men’s 200 IM, touching first with a NCAA B cut time of 1:48.40. Lanza was third with a mark of 1:49.75, while Samy took fourth in 1:49.93.
The Hoosier men ended the meet in style, winning the 400 freestyle relay. The team of Tavcar, Khalafalla, Patrouch and Pieroni touched the wall with a time of 2:56.11. On the women’s side, the team of Koontz, Rockett, Maria Paula Heitmann and King took third with a time of 3:24.77.