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Supreme Court: Blanket suppression goes too far in murder case

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Scott Roberts for www.theindianalawyer.com

While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision.

Chief Justice Loretta Rush wrote the decision in a case which remanded the matter to LaPorte Superior Court 1. The justices held each officer should be interviewed for prejudice and the state must prove beyond a reasonable doubt the entire substance of each witness’ testimony.

The body of Brian Taylor’s girlfriend, Simone Bush, was found on March 14, 2014, just a few hours after Taylor was dropped off at a police station. Taylor’s attorney arrived shortly thereafter and began meeting with his client. Police told the attorney to flip a switch if he didn’t want the police listening to his conversation, but when he did he piped his conversation with his client into another room where many officers were listening. They heard the location of a handgun, among other details. Two days later, Taylor was charged with murder.

A few days later, LaPorte County Chief Deputy Prosecutor Robert Neary told one of Taylor’s attorneys about the eavesdropping. The trial court held a suppression hearing, and the officers who overheard the conversation invoked their Fifth Amendment rights. The trial court ordered blanket suppression of their testimony but the Indiana Court of Appeals reversed in a split decision. The Supreme Court granted transfer.

Rush wrote the court was disappointed in the officers’ conduct. “The right to counsel would be a charade unless it guarantees privacy in those consultations, because a suspect’s candor with counsel cannot come at the price of self-incrimination. We would have hoped that principle too obvious to mention.”

She later wrote, “More than one law enforcement official flagrantly and unconscionable disregarded that safeguard – eavesdropping on privileged attorney-client communications while turning a deaf ear to the Constitutions they swore to uphold. Those officers have not only violated Taylor’s constitutional rights to counsel but have also betrayed public trust.”

However, Rush said excluding all testimony from the officers goes too far. “Even flagrant constitutional violations, though presumptively prejudicial, are not necessarily so, as illustrated by the trial court’s unchallenged ‘independent source’ findings as to many of the State’s exhibits.”

Taylor claimed the blanket suppression is sustainable on three grounds: it violated his Indiana and federal constitutional rights to counsel; the officers’ pleading the Fifth violated his Sixth Amendment right to confront witnesses; and the prosecutor’s participation in the eavesdropping constituted prosecutorial misconduct.

On the first argument, Rush said it’s not clear that all of the evidence was tainted. Some was standard procedure in a crime investigation and there were bullet fragments and fingerprints. The officers could present a limited testimony to provide a foundation for evidence.
On the second argument, Rush said again the officers may be able to provide evidence that Taylor can then cross-examine on, though it may be unlikely.

Also, the court said the prosecutorial misconduct claim need not be addressed because there is not enough evidence to prove there was any – at least, not yet.

The case is State of Indiana v. Brian J. Taylor, 46S04-1509-CR-552.

Haynie’s Corner Art District First Fridays

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Haynie’s Corner Art District
2nd Annual First Fridays Series
Join us at Haynie’s Corner this Friday, April 1st, from 6 pm – 9 pm, to kick off the second annual First Friday Series. Artists and performers will be stationed at many of the same businesses and outdoor locations as last year, so consider sticking around for the evening, and make reservations at one of the widely-successful restaurants in the area!
 

First Friday Calendar
All events will run from 6-9pm.
  • April 1
  • May 6
  • June 3
  • July 1
  • August 5
  • September 2
If you are an artist, performer, or an Arts District business, and you are interested in being involved during the 2016 First Fridays season, please visit our website, and fill out a form to return to the Arts Council.

HCAD on Facebook
Get up to date on what’s going on in your art district by liking them on Facebook.
Want to become a sponsor?
Email us to find out how your business can support the First Friday Series.
Are you a HCAD business?
 Want to be involved in First Fridays? Join us! It’s free to participate!

IS IT TRUE MARCH 30, 2016

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IS IT TRUE  we heard from dependable sources that the Indiana State Party Democrat Chairman John Zody and 8th District Chairman Tony Long held a closed door meeting with local Democrats about how to restore party unity in Vanderburgh County last week?  … besides John Zody and Tony Long a few  Democratic office holders and local party officials were also in attendance? … absent from this meeting were Jonathan Weaver,  Missy Mosby and union leaders?  … after about hour and half pep talk from Zody and Long 4th Ward Councilwoman Connie Robinson stood up and gave the group a piece of her mind concerning the lack of leadership within the party?  …she also expanded her remarks  concerning the poor treatment of minorities by the local and State Democratic party officials?  ….after Robinson give Zody and Long a piece of her mind she walked out and slammed the door behind her?  …it looks like its going to take a special Democratic candidate to win the 4th Ward in the coming years?

IS IT TRUE  that the attempted  “political love feast’ meeting arranged by the Indiana Democratic Party Chairman John Zody and 8th District Democratic Chairman Tony Long was doomed from the start?  … that Zody and Long should had called this meeting about two years ago?   …its obvious what former Mayor Jonathan Weinzapfel,  some past and present City Council members and others did to Rick Davis and Gail Riecken campaigns has taken its toll on the once powerful and proud Democratic party of Vanderburgh County for years to come?

IS IT TRUE that State Representative Tom Washburn attempt to be appointed to the State of Indiana Supreme Court fail short?  …Mr. Washburn was informed last week that he didn’t make the final list of candidates to be interviewed for this position?

IS IT TRUE that the Democratic Primary for State Representative District 77 seat is becoming a political barn burner?  …we hear that State Representative Gail Riecken has wisely decided not to endorse anyone in this hotly contested  primary race?  …all we can say is that all three Democratic candidates in this race are outstanding individuals?

IS IT TRUE that the Bernie Sanders National Campaign committee now has “boots on the ground” in Evansville?   …that the “Sanders Headquarters For President”  is located at 312 NW MLK Blvd?

IS IT TRUE we have received many phone calls about new sidewalks installed on both sides of an entire block in the Haynie’s Corner area?  …we wonder why the city would install new sidewalks beginning on the corner of Madison Ave on Haynie’s Corner that extends a full block down to Putnam Street when other areas of the city have none?  …we get it, the Director of DMD found new Federal money laying around in a file cabinet?

IS IT TRUE we invite you to drive downtown and tour a couple of blocks around Haynie’s Corner and view the abstract art displayed on vacant lots owned by Evansville Brownfields Corp and DMD?  …we can’t wait to read your comments once you viewed the abstract art in this area?

FOOT NOTES: Our next “IS IT TRUE” will be posted on this coming Friday?

Please take time and read our newest feature article entitled “HOT JOBS” posted in this section are from Evansville proper.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Todays “Readers Poll” question is: If the election was held today for the Republican primary for the 8th Congressional seat who would you vote for?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

The Money in Recycling Has Vanished; What Do States, Cities Do Now?

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The Money in Recycling Has Vanished; What Do States, Cities Do Now?
 By Jon Frandsen

With great fanfare and promises of a new era of recycling in Alabama’s capital, officials from Montgomery and from a Florida company called Infinitus opened a state-of-the-art mixed waste and material recovery plant in April 2014.

The plant created over a hundred jobs and allowed Montgomery residents to put their garbage and recyclable material in one curbside bin for pickup. The plant’s sophisticated assembly line of shakers, sensors, sorters, belts and hoses would separate recyclable material from garbage, and clean paper, plastics, metals and glass that could be reused.

Infinitus also collected recyclables from around the region, including the western panhandle of Florida. Its revenue largely came from selling that reusable material, which was mostly destined for China.

The money was so good initially, said Montgomery’s sanitation chief, Daniel Dickey, that “we had a profit-sharing agreement with them.”

But in October 2015, the plant was suddenly shuttered, and Montgomery began dumping its curbside pickups in a landfill. The plant was operating at a loss, a victim of rock-bottom global commodity prices and a higher-than-expected contamination rate, which meant less recovered material for the market.

The closing of a plant that many civic officials thought pointed to the future of recycling is an extreme example of the disruption that has been roiling recycling programs and industries in the past year.

But it helps illustrate how the long, drastic slide in the price fetched by recyclable commodities is hurting recycling programs and companies — and laying bare some serious structural problems in how the nation collects, processes and sells recyclable material.

“Good times make us happy, and sometimes when we’re happy we don’t think down the road. That’s human nature,” said Chaz Miller, policy director of the National Waste & Recycling Association, the trade association that represents private-sector waste and recycling companies. “But now we’re down the road, and not sure what’s ahead.”

Failure to address these problems adequately could jeopardize the recycling goals that most states have set for themselves as a major part of their environmental strategies.

An Unrealistic Business Model
For years, recycling programs seemed like magic. Municipalities, counties and state-run programs were not only improving the environment, but spending little to do so and in many cases saving money by not having to pay landfill fees or making money by selling the material to processors who wanted it.

Recycling haulers and processors offered low- or no-cost contracts to municipalities and other customers because they wanted to sell the recycled material at what were high — even record high — prices during what Joe Pickard, director of commodities at the Institute of Scrap Recycling Industries (ISRI), called “the super cycle in commodities.”

Prices during the cycle, from the late 1990s until the financial crisis that began in 2008, skyrocketed for nearly all raw materials. And many recyclables hit record peaks in 2008: ISRI’s weighted index of scrap metals and paper hit a high of $380.25 a ton in April of that year. Plastics experienced similar highs. Although prices plunged later that year, they rebounded quickly and nearly reached record highs again in early 2011.

Much of the price rise was spurred by China’s extraordinary economic growth and its seemingly boundless appetite for any kind of raw material.

But, Miller said, “People forgot about commodity risk.”

Prices began a long, gradual slide in 2011 and then dropped sharply over the course of 2015, when the ISRI index of paper and metals fell nearly $100 a ton to $156.77. Commodity prices had collapsed by nearly half from the record highs.

Plastics, which ISRI does not include in the index, were hit especially hard because they are made largely from oil — and oil prices have dropped so low that it costs the same or less to make virgin plastic than to use recycled plastic.

Michelle Leonard, president of an association that represents public and private recyclers and haulers, the Solid Waste Association of North America, said “markets are so low right now that some processors are holding on to” recyclables rather than selling — especially those far from the West Coast ports that ship to China.

As prices slumped and contracts that processors and haulers had with local governments expired (or hit certain targets that allowed for renegotiating rates), taxpayers suddenly found themselves paying much more dearly for a service that had been low-cost or even a source of revenue.

In some cases, companies had trouble paying what they had promised for the recyclables they picked up and processed. Firstar Fiber, for instance, fell behind in its payments to Omaha, Nebraska, by hundreds of thousands of dollars. “There has been real sticker shock,” said Miller of the recycling industry group.

The problem was so jolting to municipalities and counties that the two recycling associations (which together represent companies serving most curbside recycling programs in the country) drew up and issued guidelines for new contracts aimed at sharing costs and risks more evenly between localities and the haulers and processors.

State Recycling Efforts Slowed?
It’s unclear whether states, most of which have some type of recycling goal, are seeing a dip in recycling efforts as the commodity crisis drives up the costs of collecting and processing.

“Nobody has really been talking to us about any problems,” said Karen Moore, the recycling administrator at Florida’s Department of Environmental Protection.

“It’s far too early to tell,” said Mark Oldfield, the spokesman for CalRecycle, the state agency in charge of recycling in California.

But that doesn’t mean states aren’t aware of the problem or thinking about whether and how to address it.

CalRecycle ran a workshop in February, entitled Recyclable Commodity Prices: Trends and Impacts, at which local officials and recycling industry representatives gathered to size up the problems.

California, which is recycling 50 percent of its waste and wants to reach 75 percent by 2020, is also trying to find ways to create more domestic demand for recycled commodities so “we insulate ourselves from the ups and downs of the markets,” Oldfield said.

“We’re good at collecting stuff,” he said. “We need to get good at using these materials here and creating a market for them.”

He points to California’s efforts through Recycling Market Development Zones to spur the creation of infrastructure that makes it easier for manufacturers to make new or existing products using recycled materials. The zones give manufacturers and entrepreneurs access to low-cost loans, technical advice, free marketing and more.

The state points to a number of companies that benefited from the program and are using or recycling materials that otherwise would have gone to landfills. American Textile & Supply Inc., for example, uses recycled fabrics in a variety of products, such as cleaning and absorbing rags. California says the company diverts an additional 1,000 tons of textiles from landfills a year thanks to the program. And Princess Paper Inc. says it uses program loans to make towel and tissue products from 5,000 tons of recycled paper each year.

Florida, which also has a recycling goal of 75 percent by 2020 and is at 50 percent now, has a less activist approach than California and generally leaves much of the responsibility for meeting those goals to cities and counties. However, counties that don’t meet the goals get a gentle push, Moore said.

Counties that didn’t reach the interim goal of 50 percent are required to submit plans explaining how they will step up their efforts. Escambia County — one of the Florida panhandle counties left in a lurch by the sudden closing of the facility in Montgomery — is building a new recycling facility and will be able to resume recycling materials residents leave in recycling bins rather than burying them in landfills.

Debating the Direction of Recycling
It’s a maxim of the recycling industry that making it easier for people to recycle increases volume. That’s why a growing number of programs have turned to single-bin systems, in which consumers put all recyclables into one container, instead of having to sort paper, cans, glass and plastics into two or three containers to be picked up. Garbage has its own can and goes straight to a landfill.

But this so-called single streaming system requires more equipment and man power to separate and clean recyclable material than handling recyclables that are already sorted by customers.

But if convenience is the goal, what could be easier than comingling all recyclables and garbage? That was the idea behind the Montgomery plant. But that approach, as Montgomery discovered, can pose problems even for the most advanced technology. The Infinitus plant there suffered a greater loss of recyclable material than anticipated, especially in paper, which is easily contaminated.

“None of my members can buy [that paper] because a lot of what we make are food-grade materials,” Fran McPoland of the Paper Recycling Coalition told the Montgomery Advertiser newspaper in November. “The objective is to take material contaminated with garbage and then magically separate it out so you have some valuable recyclable material. However, some things can’t be separated.”

Montgomery appears to have given up on the comingled approach. The city expects to eventually take over the facility and is likely to use it only to separate different types of recyclables from one another.

Indianapolis just scrapped plans to build a similar facility, which had been ardently opposed by recycling advocates there even before the Alabama plant closed. Critics had serious doubts about the plant’s ability to recover an acceptable, uncontaminated amount of recyclables. The failure of the Montgomery facility appears to have been the last nail in the coffin.

Next Moves
Most communities that already collect recyclables from a single bin are unlikely to change any time soon. That’s because customers are used to the system and the convenience, and the infrastructure for handling it already is in place, most analysts say.

“I think that horse is out of the barn,” Miller says. He is among those who suggest that contamination issues would best be resolved by educating residents.

A nonprofit called the Recycling Partnership exists to help boost recycling rates by teaching residents what should and should not go into their bins. The foundation and Massachusetts announced in January that they would test different approaches across the state with an eye toward creating a “field-tested, data-supported program” to help drive down contamination rates.

But others argue that communities new to recycling should avoid single-bin systems. Florida’s environmental agency has gone so far as to send a memo to counties spelling out how the single-bin approach can lead to contamination and machine breakdowns.

Given that recycling of materials such as bottles, cans and glass has taken hold in much of the country, most recycling advocates and analysts argue that the next big step toward ambitious goals will be to find ways to collect and use food and other organic waste.

California is trying to encourage efforts to divert organic waste from landfills with a $100 million grant program to help spur the collection of compostable material and plants for processing it.

To succeed, “We have to manage this material,” said California’s Oldfield. “The largest amount of stuff that goes to landfills is compostable green waste and food waste.”

NEWER
Top State Stories 3/29

Federal Court Denies State’s Request For Stay In Exodus Case

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Federal Court Denies State’s Request For Stay In Exodus Case

IL Staff for www.theindianalawyer.com

A federal judge has denied the state’s motion for a stay on a preliminary injunction granted last month in a lawsuit challenging Gov. Mike Pence’s suspension of funds to groups that resettle Syrian refugees in Indiana.

Pence’s directive came last year following the terrorist attacks in Paris in November. The American Civil Liberties Union of Indiana sued on behalf of Exodus Refugee Immigration Inc., seeking a preliminary injunction to temporarily suspend Pence’s move. Judge Tanya Walton Pratt granted the motion Feb. 29.

The state is appealing to the 7th Circuit Court of Appeals and asked Pratt on March 8 to temporarily stay the injunction while the appeal is pending.

“The Court held in the Preliminary Injunction Order that the irreparable harm, balance of harms, and public interest factors all favor granting Exodus a preliminary injunction. The State has not convinced the Court that these factors weigh differently for the purposes of the instant motion, and thus these factors also favor denying the State’s request for a stay pending appeal,” Pratt wrote in Tuesday’s order.

The state maintains it has legitimate public safety concerns in seeking a temporary and partial suspension of grant payments to Exodus. It also says the federal government has not provided Indiana with sufficient information about the vetting process used to screen war refugees from Syria before Exodus relocated them to Indiana.

Anthropology Professor to Speak at Hesburgh Lecture at University of Evansville

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In collaboration with the Notre Dame Club of the Tri-State, the University of Evansville will host the fourth annual Hesburgh Lecture on Monday, April 11, at 7:00 p.m., in Room 170 (Smythe Lecture Hall), Schroeder School of Business Building. The event is free and open to the public.

University of Notre Dame professor of anthropology Agustin Fuentes will be the guest speaker. Fuentes will be discussing “What Race Is and What It is Not.”

Fuentes, a biological anthropologist, earned his BA in zoology and anthropology and his MA and PhD in anthropology at the University of California (Berkeley).

His research delves into the how and why of being human. Ranging from chasing monkeys to exploring the lives of our evolutionary ancestors, and examining what people actually do across the globe, Fuentes is interested in both the big questions and the small details of what makes humans and our closest relatives tick. His current research includes cooperation and creativity in human evolution, multispecies anthropology, race and racism, and interdisciplinary approaches to human nature(s).

Named for Rev. Theodore M. Hesburgh, president emeritus of the University of Notre Dame, the Hesburgh Lecture Series is a major community outreach program of Notre Dame alumni clubs around the nation. The series features Notre Dame faculty members discussing topics ranging from art and architecture to economics to social concerns.

MARCH BIRTHDAYS

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JOHN SCHULTZ

MICHAEL PEARCE

JOE KRATOCHVIL

DAVID GUSTAFSON

JERRY WILLIAMS

JODIE MURTHA

NINA LIENTZ

STEPHEN MCINTIRE

BEN SHOULDERS

KEITH HOFMANN

CHAD HUMM

MICK ARRICK

BRAD SAGE

TOMMY STILLWELL

WARD SHAW 

KELLY MAYES

DEBBIE KELLER

RICK MacPHERSON

MIZELL III STEWART

ANGIE ETIENNE

STEVE ROBINSON

BARB MENKE

PAM RICKENBAUGH

CURTIS  ZIREKELBACH

BOBBY WILLIAMS

SHANE SABEL

KURT McBRIDE

DANIEL KISNER

MAURA ROBINSON

BETH DODSON KEMPER

CINDY BUTTRAM DRESHFIELD

MICHAEL BARRENTINE

MELINDA MACKEY

KEITH GANDER

AMY LUTZEL

BRIAN K SMITH

SCOTT SETTLES

MIKE SCHOPMEYER

BRANDON L. RIECKEN

STEVE MCDANEL

NATALIE DORRIS O’DANIEL

DELBERT (BUDDY) HUDSON JR

KEN ROBINSON

FOOTNOTE: If you would like to announce someone Birthday please forward the name to   City-County Observer@live.com.

Adopt A Pet

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 Eve is a 1-year-old female American Staffordshire terrier mix! She was found as a stray and brought to Evansville Animal Control, and then transferred to VHS when Animal Control ran out of space. Eve happens to be heartworm-positive, but don’t worry – VHS will cover her treatment at no extra cost to her adopters! Adopt Eve for $100 and she goes home spayed, microchipped, up-to-date on shots, and beginning heartworm treatment. Call (812) 426-2563 or visit www

Eagles Build Winning Streak Moving to Conference Play

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The University of Southern Indiana men’s tennis program begin conference play this weekend. The Screaming Eagles will welcome the University of Illinois Springfield to Evansville for an afternoon match up at the USI Tennis Courts on campus at 11 a.m.

The Eagles in 2015-16
After not competing in any dual matches during the fall, The Eagles have gone 9-3 during the spring season, including a win over Division 1 Austin Peay State University and a ranked Missouri-St. Louis team. The Eagles are 2-0 at home during the spring moving into their conference opener at the USI Tennis Courts

Last Week
The 45th-ranked Eagles started the week with a 7-2 victory over the 46th ranked University of Missouri-St. Louis. In the Lewis Classic over the weekend, USI defeated three GLIAC schools in Wayne State, Walsh, and Tiffin sweeping the first two teams and defeating Tiffin 8-1.

UIS in 2015-16
The Prairie Stars are currently 9-5 on the year but will compete in three more matches before visiting USI on Saturday for the Great Lakes Valley Conference opener. UIS is currently 6-4 since the beginning of their spring season.

Last year
The Eagles earned a victory in Springfield last season when ranked 25th in the ITA poll.  Five of the six players that competed in the match for USI return to the 2015-16 Eagles squad.

Rose Hulman in 2015-16
Currently sitting at 10-5 on the season, Rose-Hulman will compete in two more matches before welcoming the Eagles to Terre Haute, Indiana this Sunday. Rose-Hulman has won all three of their home matches this year.

The men get their match started with Illinois Springfield at 11 a.m. Saturday at the USI Tennis Courts. On Sunday, the Eagles make their way to Terre Haute to take on Rose-Hulman University for their final non-conference match of the year.