 Fontana is a 5-month-old female calico kitten! She was originally part of the “Mountain Lake†litter and is named after Lake Fontana in North Carolina. Her brother Hiwassee is still available, too. Fontana’s adoption fee is $18 thru 11/19 as part of the “Fantastic Cats†special! It includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or at www.vhslifesaver.org for adoption details!
Lawsuit calls 2 Indiana tax statutes unconstitutional
Marilyn Odendahl for www.theindianalawyer.com
A Marion County resident, whose bank account of $155.44 was frozen by the Indiana Department of Revenue, is suing to prevent the state from taking assets for income tax debts without leaving the debtor something to pay for basic necessities like food and shelter.
David A. Niehoff, represented by Indiana Legal Services Inc., filed his complaint Oct. 4 in Marion Superior Court. According to the lawsuit, Niehoff owes $3,330.02 for past-due taxes but has been unable to satisfy the debt because of ongoing economic hardship. In April, Premiere Credit of North America LLC, the company contracted by Indiana to handle collections, placed a hold on his bank assets.
Niehoff argues the revenue department’s action violates Indiana Constitution, Article 1, Section 22, which exempts a “reasonable amount of property from seizure or sale for the payment of any debt … .†Indiana statute enables debtors to keep $400 but separate statutes – Indiana Code 34-55-10-14 and I.C. 6-8.1-8-3(a) – exclude exemptions for tax collection cases, which Niehoff contends is unconstitutional.
“By denying any exemption in tax lien cases, the state of Indiana is pushing financially strapped Hoosiers further into poverty,†said Jon Laramore, Indiana Legal Services executive director. “An exemption may allow someone to purchase food or medicine while they develop a plan to repay an outstanding tax debt.â€
The case is David A. Niehoff v. Indiana Department of Revenue, Premiere Credit of North America, LLC, 49D11-1610-PL-035444. A typo in Odyssey misspells the plaintiff’s last name as Nichoff.
According to Indiana Legal Services, Niehoff is not alone. The legal service provider has seen this problem among low-income residents who get their money seized by the Department of Revenue and then have no means to provide for the bare minimum they need to live.
In addition, the seizure also freezes these bank accounts for 60 days, leaving low-income residents unbanked for at least two months.
Niehoff is asking for a refund of the $155.44 and that the pair of Indiana statutes that deny any exemption be declared unconstitutional. Marion Superior Court granted motions from both defendants giving them until Nov. 28 to respond.
Indiana State takes 3-0 win over UE Volleyball
Sophomore Mildrelis Rodriguez recorded 10 kills as the University of Evansville volleyball team lost at Indiana State by a 3-0 final on Friday evening.
Rodriguez led the Purple Aces (5-22, 1-13 MVC) with the ten kills and also a match-high 13 digs. Cathy Schreiber continued her solid play, finishing the night with 8 kills. One week after her career night, Jelena Merseli paced UE with 21 assists.
Indiana State’s (10-15, 4-9 MVC) offense was led by Bree Spangler, who notched 12 kills. Rachel Griffin topped all players with 30 assists.
Holding a 9-7 lead in the opening frame, the Sycamores finished on a 16-7 run to earn a 25-14 win and take a 1-0 lead. The Aces quickly regrouped in a highly-competitive second game. A Rodriguez kill gave UE an early 6-4 lead before the Sycamores fought back. Neither team was able to open up a large lead, culminating in an 18-18 score. ISU posted the next two points and held on for a 25-22 win.
Another close game took place in the third with Evansville opening up by scoring five of the first six points. Indiana State made its way back, tying it up at 5-5 before grabbing a 17-12 lead. The Aces refused to give up, cutting the Sycamore lead to just two at 19-17 as Joselyn Coronel notched a kill. That was as close as UE would get as Indiana State clinched the match with a 25-20 win.
Tomorrow night, the Aces continue on the road at Illinois State for a 7 p.m. contest.
USI Volleyball rallies come up short
ST. LOUIS—University of Southern Indiana Volleyball could not overcome early deficits Friday night as it suffered a 25-21, 25-21, 25-20 Great Lakes Valley Conference setback to host University of Missouri-St. Louis.
The Screaming Eagles (9-17, 3-11 GLVC) rallied from six down in the opening set to cut their deficit to two late in the frame; but could not complete the comeback as the Tritons held on for the four-point win.
In the second stanza, USI surged back from an eight-point deficit to get to within two points late. Once again, however, the Tritons turned the Eagles away for a four-point win and a two-set lead in the match.
USI trailed by five at multiple junctures of the third frame before closing the gap to two points; but the Tritons, like they did in the first two sets, stopped the Eagles’ push to earn a five-point win and three-set sweep.
Senior middle/outside hitter Amy Zwissler (Bloomington, Indiana) led the Eagles with 13 kills and a .323 attacking percentage, while sophomore setter Erika Peoples (Bloomington, Illinois) finished with 26 assists.
Junior libero Shannon Farrell (Munster, Indiana) led all players with 21 digs as she moved past Jamie Roth (1994-97) for fourth all-time at USI in career digs (1,279). Farrell needs just 12 digs to become the first player in program history to reach the 500-dig plateau in back-to-back seasons.
USI returns to action Saturday at 3 p.m. when it visits Maryville University in St. Louis, Missouri. The Saints (3-24, 1-13 GLVC) are coming off a three-set loss to Bellarmine University Friday night.
Note:Â With the loss, USI is officially eliminated from GLVC Tournament contention, breaking a streak of 17 straight GLVC Tournament appearances.
Short Box Score (Match)
Univ. of Southern Indiana Volleyball
Southern Indiana vs Missouri-St. Louis (Nov 04, 2016 at St. Louis, MO)
Missouri-St. Louis def. Southern Indiana 25-21,25-21,25-20
Southern Indiana (9-17, 3-11 GLVC)
(Kills-aces-blocks) – Zwissler, Amy 13-0-1; Jung, Amanda 6-0-1; Whitfield, Te’Ayla 5-0-2; Coleman, Elexis 4-0-3; Humphrey, Mikaila 4-1-2; Peoples, Erika 2-0-1; Totals 34-1-5.0. (Assists) – Peoples, Erika 26. (Dig leaders) – Farrell, Shannon 21; Humphrey, Mikaila 7
Missouri-St. Louis (14-11, 8-6 GLVC)
(Kills-aces-blocks) – Rogers, Lexi 13-0-2; Jones, Gaylnn 11-1-4; Rudsinski, Kylie 10-0-1; Nolte, Selena 9-0-0; Childers, Morgan 6-2-0; Uradzionek, Kristen 4-0-2; Totals 53-3-5.0. (Assists) – Buchman, Kendall 21; Abeyta, Madyson 21. (Dig leaders) – Waedekin, Danielle 17; Buchman, Kendall 7
USI’s Farrell earns academic honor
University of Southern Indiana Volleyball junior libero Shannon Farrell (Munster, Indiana) has been named Academic All-District by the College Sports Information Directors of America for her efforts in the classroom and on the court.
Farrell, who is double-majoring in accounting & professional services as well as finance at USI, has racked up a 4.00 grade point average during her time at USI.
On the court, Farrell is having another banner year as she leads the Screaming Eagles with 5.37 digs per set.
Last week, Farrell tied USI’s single-match record with 37 digs in USI’s four-set loss to Missouri S&T. She had 21 digs in the fourth set alone.
Farrell, who needs just four digs to move past Jamie Roth (1994-97) for fourth all-time at USI, has racked up 1,258 digs during her three-year career at USI. She needs just 33 digs to become the first player in program history to reach 500 digs in back-to-back seasons.
With the Academic All-District award, Farrell moves on to the national ballot for Academic All-America consideration.
Krieg DeVault’s Daniels to lead USA Gymnastics sex abuse review
IL for www.theindianalawyer.com
An Indianapolis attorney with a background in child abuse and sex offense litigation has been selected to conduct a review of USA Gymnastics’ policies and procedures for reporting and responding to allegations of sexual misconduct.
USA Gymnastics announced Thursday that Krieg DeVault LLP managing partner Deborah Daniels would lead the independent review of the organization’s sexual abuse reporting practices after it came under fire for allegedly covering up allegations of abuse against its gymnasts.
A media investigation revealed in August that USA Gymnastics, an Indianapolis-based organization, had failed to report complaints of improper conduct toward young gymnasts by more than 50 coaches between 1996 and 2006. USA Gymnastics President Steve Penny had said in 2015 that he believed there was no duty to report the allegations unless they came directly from the victims or their parents.
Last month, a lawsuit was filed in Los Angeles accusing Dr. Larry Nassar, a former USA Gymnastics doctor, of repeated sexual abuse, and also alleging that husband-and-wife coaches Bela and Martha Karolyi had intentionally ignored alleged molestations.
Daniels’ independent review will take a closer look at the gymnastics organization’s bylaws, policies, procedures and practices related to handling sexual misconduct matters and will also include consultations with experts in law enforcement, child welfare and the gymnastics community, as well as state and local officials.
“Deborah’s background makes her the right choice to lead this important effort because the well-being of our athletes is paramount,†USA Gymnastics President Steve Penny said in a statement released by the organization. “We believe Deborah’s review of our current practices against today’s standards in this critical area, coupled with interviewing members of the gymnastics community and authorities in related areas, will generate recommendations on what needs refinement to further promote athlete safety.â€
Formerly a U.S. Attorney and U.S. Assistant Attorney General, Daniels’ background includes work related to the prevention and prosecution of child abuse for the U.S. Department of Justice. She also served as the first National Amber Alert coordinator.
In Indiana, Daniels supervised the sex offense and child abuse units as chief counsel in the Marion County Prosecutor’s Office. She has also been featured as a keynote speaker at the National Conference on Human Trafficking.
“Nothing is more important than the safety of all athletes and young people,†Daniels said in a statement. “This evaluation is intended to review and strengthen the existing USA Gymnastics process, in addition to likely yielding important insights for other youth-serving organizations.â€
After her review, Daniels will make a final recommendation to the USA Gymnastics Board of Directors.
Hoosier Swimming & Diving Hosts Michigan State on Saturday
BLOOMINGTON, Ind. – The Indiana University men’s and women’s swimming and diving teams will host Big Ten rival Michigan State in a dual meet on Saturday, Nov. 5 at the Counsilman-Billingsley Aquatic Center in Bloomington, Ind.
The one-day, short-course yards dual meet will get underway at 1:00 p.m. ET and will be streamed live on BTN Plus. Live results can be found at IUHoosiers.com.
Fans attending the meet can park in the SRSC lot off of Law Lane for $10 on Saturday or can park for free at the lot off 10th and Sunrise. The Eigenmann Hall lot will also be free on Saturday.
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Scouting the Hoosiers
The Indiana Hoosiers enter Saturday’s meet coming off a sweep of Tennessee and Kentucky in a tri-meet on Oct. 28. With the two wins, the No. 1-ranked Indiana men improved to 6-0 on the dual-meet season, while the No. 12-ranked Hoosier women moved to 4-2 on the year.
Scouting the Spartans
The Michigan State men’s swimming and diving team comes to Bloomington with a record of 0-2 on the season, having not swam in a meet since falling to both Notre Dame and Iowa in a tri-meet on Sept. 30.
The Spartan women’s team is 1-3 on the season, having split a tri-meet with Illinois and Marshall on Oct. 21. MSU beat Marshall, but fell to the Illini in Champaign.
At last year’s Big Ten Championships, the Michigan State men placed 10th, while the women finished 13th.
Kennedy Goss Earns Big Ten Weekly Honors
Indiana University women’s swimmer Kennedy Goss was named Big Ten Co-Swimmer of the Week after helping the No. 12-ranked Hoosiers beat both Kentucky and Tennessee in a tri-meet. The bronze medalist in the 4×200 freestyle relay for Canada at the Rio Summer Olympics touched first in both the 200 free (1:48.63) and 500 free (4:50.59).
Top Times in the Country
IU’s Ali Khalafalla owns the fastest time in the 50 freestyle this year in the country with his 19.44, while Blake Pieroni is the fastest in the nation in the 200 freestyle so far with his mark of 1:35.75. The Hoosiers also own the fastest time in the 400 freestyle relay in the country with their time of 2:55.73.
IU Men Ranked No. 1 in Nation in CSCAA/TYR Top 25
In the first CSCAA/TYR Top 25 poll released on Oct. 26, the Indiana men’s swimming and diving team was ranked No. 1 in the nation after sweeping both Texas and Florida to start the season. The women’s team was ranked No. 12 in the country.
Fourteen IU Swimmers Named to USA College Challenge Rosters
A total of 14 Indiana University swimming will participate in the inaugural USA College Challenge – Big Ten vs. USA Swimming on Nov. 12-13 at the Indiana University Natatorium on the campus of IUPUI in downtown Indianapolis.
Competing for the Big Ten will be Gia Dalesandro, Kennedy Goss, Lilly King, Bailey Pressey, Brooklyn Snodgrass, Ian Finnerty, Bob Glover, Ali Khalafalla, Vini Lanza, Blake Pieroni, Anze Tavcar and Cody Taylor.
Competing for USA Swimming in the short-course yards meet will be IU alum Cody Miller, as well as Indiana post-grad swimmer Zane Grothe. Indiana’s 14 participants in the event are the most of any school. Michigan is second with 11, while both Ohio State and Wisconsin have six.
IU Sends 11 to Rio Olympics, Winning Seven Medals
The Indiana Swimming and Diving program sent 13 swimmers, divers and coaches to the 2016 Rio Summer Olympics – James Connor, alumna Amy Cozad, Marwan Elkamash, Kennedy Goss, Michael Hixon, Ali Khalafalla, Lilly King, alum Cody Miller, Jessica Parratto, Blake Pieroni and Anze Tavcar. Drew Johansen served as the head coach of USA diving, while Ray Looze was an assistant coach for USA Swimming.
At the 2016 Rio Summer Olympics, the IU swimmers and divers won a total of seven medals – four golds, one silver and two bronze. Lilly King headlined the group with two gold medals, while Cody Miller won gold and bronze. Blake Pieroni earned a gold medal as a member of Team USA’s 4×100 freestyle relay team, junior Kennedy Goss earned a bronze medal as a member of Team Canada’s 4×200 freestyle relay team and junior diver Michael Hixon won silver in the men’s 3m synchronized springboard.
King Wins Two NCAA Titles in 2015
Indiana’s Lilly King dominated the breaststroke at the 2016 NCAA Championships, winning both the 100 and 200 breast with the fastest short-course yard times in history. The freshman broke every record in the event with her historic swim – the American, NCAA, NCAA Meet, U.S. Open, Indiana school, Big Ten and Georgia Tech Pool records – and owns all of the aforementioned records in both the 100 and 200 breast. In total, King recorded an impressive four All-America honors at her first NCAA Championships.
IU Swimming & Diving on Social Media
Be sure to keep up with all the latest news on the Indiana men’s and women’s swimming and diving teams on social media – Twitter, Facebook and Instagram.
VANDERBURGH COUNTY FELONY CHARGES
 Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office today.
Gerrickk Antonio Dennis Possession of a synthetic drug or synthetic drug look-alike substance, Level 6 felony
Possession of marijuana, Class A misdemeanor
Public intoxication, Class B misdemeanor
Disorderly conduct, Class B misdemeanor
Jeremy Alan Herbert Possession of a narcotic drug, Level 6 felony
Possession of a narcotic drug, Level 6 felony
Possession of a controlled substance, Class A misdemeanor
Possession of marijuana, Class B misdemeanor
Mibcer Cifuentes Vazquez Theft, Level 6 felony
David Michael Gebhardt Unlawful possession of a firearm by a serious violent felon, Level 4 felony
Criminal recklessness, Level 6 felony
Dejong Montez Graves Invasion of privacy, Level 6 felony
Zachary Scott Pribble Domestic battery, Level 6 felony
James Edward Tuck Domestic battery, Level 6 felony
Monica Fay Wright Unlawful possession of a syringe, Level 6 felony
Possession of paraphernalia, Class C misdemeanor
John Robert Richter Robbery, Level 5 felony
Strangulation, Level 6 felony
Antonio Deon Adams Possession of cocaine, Level 6 felony
Marlon Cunningham Domestic battery, Level 6 felony
Domestic battery, Level 6 felony
Kenneth Lee Reel Unlawful possession of a syringe, Level 6 felony
Possession of paraphernalia, Class C misdemeanor
Driving while suspended, Class A infraction
Larry Edward Miles Sr. Domestic battery on a person less than 14 years old, Level 6 felony
Domestic battery, Level 6 felony
Justin Paul Skelton Unlawful possession of a syringe, Level 5 felony
Unlawful possession of a syringe, Level 6 felony
False informing, Class B misdemeanor
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BREAKING NEWS FROM CHANNEL 44: EPD Chief Recommends 3 Officers Be Terminated, 1 Demoted
 The fate of four Evansville Police Officers will lie in the hands of the Police Merit Commission.
Earlier this week Chief Billy Bolin placed four officers on paid administrative leave following an accusation of excessive force. The incident occurred during a Saturday morning arrest.
Bolin says the officers filed official documents claiming the man they arrested during a garage break in fought with them during the arrest. However, Bolin says body cam video tells another story. He says the body cam video shows the officers became upset after the suspect was in handcuffs when one of the officers reached into the man’s pocket and was stuck by a needle. He says three of the officers involved in the arrest became physical with the man and started yelling at him. He says a 4th officer watched.
Bolin is recommending the 3 officers who became physical be terminated, and he is recommending the other officer be demoted. The Police Merit Commission is scheduled to discuss the issue at its next meeting. The names of the officers have not been released.