 Hope is a 1 ½-year-old female hound mix. Her exact breeds are unknown, but she has beautiful coloring with an even sweeter face! She was transferred in from Hopkins County Humane Society in Kentucky when they ran out of space. She has gotten along well with many other dogs since being here! Hope’s adoption fee is $100 and includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or at www.vhslifesaver.org for adoption details!
VANDERBURGH COUNTY FELONY CHARGES
 Below is a list of the felony cases that will be filed by the Vanderburgh County Prosecutor’s Office tomorrow.
Kent Taderro Bailey Jr. Unlawful possession of a firearm by a serious violent felon, Level 4 felony
Resisting law enforcement, Class A misdemeanor
Possession of marijuana, Class A misdemeanor
Possession of paraphernalia, Class C misdemeanor
Krissie Kay Kirk Dealing in methamphetamine, Level 2 felony
Unlawful possession of a syringe, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Mary Williams Assisting a criminal, Level 6 felony
False informing, class B misdemeanor
Steven Wayne Lohman Failure of a violent sex offender to possess identification, Level 6 felony
Andrew David Beasley Domestic battery resulting in serious bodily injury, Level 5 felony
Jeffrey Scott Wade Attempted battery by means of a deadly weapon, Level 5 felony
Theft, Class A misdemeanor
Interference with the reporting of crime, Class A misdemeanor
Criminal mischief, Class B misdemeanor
Battery, Class B misdemeanor
Kenneth Ryshaun Robertson Possession of a narcotic drug, Level 6 felony
Elmer Jewel Miley Jr. Domestic battery, Level 5
Criminal confinement, Level 6 felony
Criminal mischief, Class A misdemeanor
OTTERS SWEEP THE WILD THINGS
With the 6-2 victory the Evansville Otters swept the Washington Wild Things in their three game series. The Evansville Otters came out hot in the first when they scored five of their six runs. Nik Balog started the scoring with his RBI-double to score Rolando Gomez. Right after that, Chris Breen had himself his own double to score Balog. Jeff Gardner hit a line drive straight to center which would bounce over the wall for a ground- rule double. Denzel Richardson would hit a rocket line drive down third base to score Gardner. Richardson would be brought in with an error by the shortstop.
The Wild Things would put a run up in the second with a solo home run by Kyle Pollock. In the third, the Wild Things brought the score to 5-2 with a RBI-double by David Popkins, and after the outstanding defense of the Otters no more runs were put on the board. The key moment in the game came in the seventh, the Wild Things had bases loaded with zero outs. Ken Frosch was brought in and got three straight outs to help preserve the victory.
The Otters will be on the road as they start a three game series against the Windy City Thunderbolts. Game one is Friday, August 5. First pitch is at 7:05 P.M. at Standard Bank Stadium.
Otters return to Historic Bosse Field next Friday, August 12th for a three game home stand against division leader Southern Illinois Miners.
Habitual Traffic Violator Arrested after Vehicle Pursuit
On Thursday, August 04, 2016 at 6:44pm the Vanderburgh County Sheriff’s Office attempted to stop a black 1972 Pontiac Trans Am in the North Park area of Evansville’s north side.
The vehicle had already been observed failing to stop at a stop sign in the area of Westbrook Trailer Park. Deputies then learned that the registered owner of the vehicle, Mr. Gary Whittington, had a suspended driver’s license with a Habitual Traffic Violator status (making his operation of the vehicle a Level 6 Felony). When sheriff’s deputies began to follow the vehicle the driver, who was later confirmed to be Mr. Whittington, began speeding. When a deputy activated the emergency lights on his cruiser and attempted to stop the vehicle Mr. Whittington fled headed east bound and down W. Mill Road from Kratzville Road. Mr. Whittington ran a stop sign and drove into the oncoming lane in order to pass a vehicle stopped in his path.
The pursuit continued as Mr. Whittington ran red lights at N. First Avenue and W. Mill Road and then again at N. First Avenue and Koehler Drive. As the pursuit continued northbound on N. First Avenue, the fleeing vehicle approached speeds of 100mph. Mr. Whittington continued traveling towards Wimberg Road before entering the oncoming lane to pass another vehicle. Mr. Whittington stopped in front of his residence at 1810 Evanston Drive and fled on foot into a wooded area with sheriff’s deputies still in pursuit.
Mr. Whittington lost his balance and fell while running, which allowed the deputies to overtake him. Mr. Whittington complied with commands and was taken into custody without further incident. Mr. Whittington later claimed that he had left his residence earlier in order to purchase a phone card (apparently willing to bring it back no matter what it takes).
BREAKING NEWS: Judge Thinks Evansville Cop Convicted Of Murder Deserves New Trial
Judge Thinks Evansville Cop Convicted Of Murder Deserves New Trial
Jennifer Nelson for INDIANALAWYER
A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.
Patrick Bradford had an affair with Tamara Lohr. When his wife found out, he broke it off with Lohr, who was not happy about it. While on patrol on the overnight shift, he reported seeing a fire at Lohr’s house. She was found inside on her bed, her body burned and with 21 stab wounds. Her poodle was found stabbed outside her bedroom door.
Bradford was convicted in the murder of Lohr and for arson, but he disputes that he had enough time to set the fire. He was caught on a bank surveillance camera two blocks away from Lohr’s house 65 seconds before he called for help from her home after seeing the fire.
His convictions have been upheld on direct appeal and after seeking post-conviction relief. He filed a petition for habeas corpus in federal court, but Judge Jane Magnus-Stinson denied review last November. Bradford is currently serving an 80-year sentence for the crimes.
Circuit Judges Richard Posner and Michael Kanne affirmed Magnus-Stinson’s ruling, finding Bradford had his chance and failed to present reliable evidence that would establish his innocence. The majority also rejected his claim that his trial counsel was ineffective in deciding to retain a certain fire expert.
Judge David Hamilton dissented, believing testimony of Bradford’s expert witness at the post-conviction proceedings that the majority relied on to affirm the denial of Bradford’s petition seems sound and it would exonerate Bradford. Carpenter testified that the fire must have burned for at least 30 minutes before it was extinguished, which he based on an inspection of burned and unburned wood and materials, and the level of carboxyhemoglobin in the poodle’s blood. The poodle was still alive when the fire began based on the amount of COHb in its bloodstream.
Hamilton noted most of the majority’s critiques of Carpenter’s testimony weren’t even raised during the cross-examination of him at the post-conviction hearing.
“Given the state court’s conclusion that the analysis Carpenter provided was available at the time of the original trial, I would treat the failure to seek and find such critical expert evidence as ineffective assistance of counsel,†Hamilton wrote. “In the alternative, I would treat this case as appropriate for an actual innocence grant of habeas corpus,†in which Bradford is either released or retried.
FOOTNOTE: Â The case is Glenn Patrick Bradford v. Richard Brown, superintendent, 15-3706.
T V CHANNEL 44 NEWS-Evansville is Second Most Affordable City in the Country
Evansville comes in at number two, just behind Ft. Wayne at number one. South Bend makes the list at number 6, Louisville is 13 and Indianapolis is 24th.
The data is based on several factors including home values, property taxes, rent, groceries and gas. The list also factors in home values compared to income.
Here is the list of the top 25 most affordable cities in the country according to the survey:
1. Fort Wayne
2. Evansville
3. Odessa, Texas
4. Huntsville, Alabama
5. Wichita, Kansas
6. South Bend
7. Montgomery, Alabama
8. Rochester, Minnesota
9. Topeka, Kansas
10. Cedar Rapids, Iowa
11. Abilene, Texas
12. Wichita Falls, Texas
13. Louisville, Kentucky
14. Oklahoma City, Oklahoma
15. Davenport, Iowa
16. Sioux Falls, South Dakota
17. Shreveport, Louisiana
18. Springfield, Missouri
19. Springfield, Illinois
20. Tulsa, Oklahoma
21. Toledo, Ohio
22. Mobile, Alabama
23. Amarillo, Texas
24. Indianapolis
25. Little Rock, Arkansas
Evansville Jones and Wallace LLC Named Paralegal Employer Of The Year.
Evansville Jones and Wallace LLC Â Named Paralegal Employer Of The Year.
The Indiana Paralegal Association Inc. recently presented five awards at its annual swearing-in and awards ceremony July 20 to members who have displayed exceptional abilities.
Debi Binkley, Bose McKinney & Evans LLP, was given the Lifetime Achievement Award; Laura Thirion, Hoover Hull Turner LLP, received the Paralegal of the Year Award; Rhonda Murphy, Bose McKinney & Evans, received the Outstanding Board Member of the Year Award; Robert Cooper, Pavlack Law LLC, was given the New Member of the Year Award; and Jones Wallace LLC was named the Paralegal Employer of the Year.
United States Bankruptcy Court for the Southern District of Indiana Chief Judge Robyn L. Moberly was the featured guest speaker at the ceremony and conducted the installation ceremony.
The newly elected officers for IPA are Arlene Morris, Whitham Hebenstreit & Zubek LLP, president; Linda McGirr, Barnes & Thornburg LLP, vice president; Lottie Wathen, Whitham Hebenstreit & Zubek, secretary; and Tracey Woolsey, Cummins Inc., treasurer.
Twelve directors were also installed. The 16 officers volunteer to serve for a one-year term.
States Reach Settlement With Drugmaker Cephalon
AG Zoeller: Hoosiers, State Entities Set To Receive $5.4M As Part Of Settlement
INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller today announced a $125 million, 48-state settlement with Cephalon and its affiliated companies, resolving allegations that the company engaged in anticompetitive conduct to protect the monopoly profits it earned from its landmark wakefulness drug, Provigil.
According to the settlement, Cephalon’s conduct delayed generic versions of Provigil from entering the market for several years, resulting in consumers and state entities paying higher prices for the drug.
“These anti-market tactics are particularly distressing in the medical field, where prices are already high and people struggle to pay for the medications and treatments they need,†Zoeller said. “Pharmaceutical companies cannot abuse our regulatory framework in order to keep drug prices artificially high and protect their profits at the expense of consumers.â€
As patent and regulatory barriers that prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before that court finding, Cephalon delayed generic competition for nearly six years by filing patent infringement lawsuits against all potential generic competitors.
Cephalon settled those lawsuits in 2005 and early 2006 by paying the generic competitors to delay the sale of their generic versions of Provigil until at least April 2012. Because of that delayed entry, consumers, states and others paid hundreds of millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected.
The settlement announced today includes a total $35 million for distribution to consumers who bought Provigil.
Indiana’s total recovery will be about $5.4 million consisting of an estimated:
- $3.7 million to compensate for Provigil purchases by certain state entities or authorized purchases off of state contracts
- $872,000 for distribution to Indiana consumers for payments for Provigil
- $823,000 for Indiana’s share of disgorgement and costs
This multistate settlement was facilitated by litigation brought against Cephalon by the Federal Trade Commission. In May 2015, the FTC settled its suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations, such as those of the 48 states.
The settlement is subject to court review, including providing consumers with notice and an opportunity to participate in, object to, or opt out of the settlement.
The states expect court review will be provided by Judge Mitchell Goldberg of the Eastern District of Pennsylvania, who is currently overseeing other litigation concerning Provigil against Cephalon and others.
Zoeller thanked Deputy Attorney General Amanda Lee for her work on this case.
Athena Is Out, Improv Is In Saturday’s $100,000 Grade 3 Groupie Doll Stakes At Ellis Park’s
Athena is out, so Improv is in Saturday’s $100,000, Grade 3 Groupie Doll Stakes, Ellis Park’s signature race.
Trainer Helen Pitts-Blasi entered Athena in both the mile Groupie Doll and Mountaineer Park’s six-furlong West Virginia Secretary of State Stakes, also worth $100,000 but not graded.Â
Athena’s defection allows the Rusty Arnold-trained Improv to draw in off the “also-eligible†list. She will start from the extremely outside.
“You’d rather not be in the 12, but they tell me it’s not that bad a spot going a mile down there,†Arnold said by phone from Saratoga. “She’s got speed from the outside, so that shouldn’t hurt her. Better than being out there on the outside with no speed.â€
Improv is the first daughter of One Caroline, a mare Arnold considers “probably the best filly I never had†but whose career was compromised by injuries. After racing twice last year, Improv was off for 13 months with a stress fracture, but returned this March to easily win a Gulfstream Park maiden race. In an allowance race two starts later, she flashed speed but faded so badly – losing by 49 lengths, with Julien Leparoux wrapping up on her in the hopeless cause — that Arnold is simply throwing that race out.
“We thought she’d injured herself,†Arnold said. “Julien said, ‘Hey, she just wasn’t there, and I didn’t press on.’ She came back to the barn, cooled out well, acted well.â€
Putting a line through that disaster was a lot easier to do after Improv in her next start led all the way to win a mile allowance race at Churchill Downs.
“She ran the race I thought she should have run the race before,†Arnold said.
“We’ve liked her from Day One. She’s had a few issues that have kept her from putting a string of races together. She’s good right now. I thought her last race was a big improvement and she’s starting to ‘get it.’ It’s time to get aggressive with her, because you don’t know how long they’ll stay around.â€
With Improv running, jockey Jon Court moves to that filly, leaving Chicago-based Iowa Distaff winner Innovative Idea in need of a rider. Trainer Eoin Harty said in a text message that he’s going to take a “wait and see approach†before committing to a rider, in case there are other defections.
Back to Athena, Pitts-Blasi said owner Clifford Grum opted for the Mountaineer race because it seemed not as tough, or at least has fewer horses: eight versus the Groupie Doll’s capacity 12.
“It’s pretty salty at Ellis, not that West Virginia is easier, but you’ve got less horses,†Pitts-Blasi said. “We’re 7-2 there and 8-1 at Ellis.â€
Pitts-Blasi has agonized over the decision, which might be a good thing. She also agonized over whether to run Athena in Arlington’s Chicago Handicap the same day as Churchill Downs’ Roxelana. She opted to stay in Louisville, and Athena won at 18-1 odds over I’m a Looker, whom she’ll face again at Mountaineer.Â
Pitts-Blasi still has a Groupie Doll starter in Academic Break, a close fourth in a contentious July 1 Churchill allowance race whose top four finishers are all in the Ellis stakes: victorious Conquest Curlgirl, Emmajestic and Crown D’ Oro.Â
Emmajestic seeking to claim a stakes
Whatever happens, Groupie Doll entrant Emmajestic was a nice claim for $40,000 at Churchill Downs’ 2015 spring meet. Owner Agave Racing Stable and trainer Michelle Lovell won a pair of Churchill Downs’ allowance races last fall before the filly got the winter off.
Emmajestic ran a decent fifth in the mud upon her return at the Fair Grounds — a stakes in which Groupie Doll 4-1 favorite Ahh Chocolate was third. After tiring considerably in a Keeneland allowance race, Emmajestic was off 2 1/2 months before returning to be a closing second in that tough July 1 Churchill allowance.Â
“She’s been really good to us, and she’s maturing,†Lovell said. “We’re putting her in a tough spot, but she’s freshened and she ran a nice race in her comeback race. We’re 15-1, but I think she’ll make a good showing.
“You’ve got your clear favorites, your horses in good form. Neil Howard’s horse (Ahh Chocolate) is a really nice filly, proven. But you never know. You’ve got to get in the gates and try ’em. I think we’ve got a chance to get a stakes-placing anyway. Horses don’t show up sometimes, and hopefully we will. I love the filly. She’s doing really well right now. She’s gotten through her (allowance) conditions really well, and this is the next step. It’s a tough race. (But) my filly really likes a mile. I think it’s a perfect distance for us.â€
Sophie Doyle, off since fracturing her shoulder and shattering her collarbone in a May 27 spill at Churchill, resumes riding Friday at Ellis. In need of a jockey on a day when many of Ellis’ top riders are out of town, Lovell took the gamble that Doyle would get her doctor’s clearance in time to ride. Entries were taken last Sunday for the Groupie Doll, with Doyle getting medical permission on Tuesday.
Lovell, however, will be at Louisiana Downs, where she’s running Delusional K K in the Louisiana Cup Filly & Mare Sprint. Assistant trainer Leigh Bentley will saddle Emmajestic at Ellis. “Hopefully we’ll get something
done Saturday with both fillies,†Lovell said.
Ellis Park Juvenile developments
Cardinal Sin, winner of a 5 1/2-furlong turf maiden race at Ellis by 5 1/2, is staying at Saratoga and won’t run in Saturday’s $75,000 Ellis Park Juvenile, leaving a field that now will be no more than five 2-year-olds.Â
“We entered to kind of get a feel for how the race was going to come up,†said co-owner Harvey Diamond of Skychai Racing. Limited numbers aside, he said, “I think it came up pretty tough, really. There are three or four horses in there that look like they can run. The purse is a little bigger at Saratoga, but what really influenced us is that he’s already up here.â€
Cardinal Sin instead will run in a grass allowance race at Saratoga that Diamond hopes serves as a prep for a stakes at Kentucky Downs.
Meanwhile, the short field — which includes the unraced Fairmount Park horse Decaro — encouraged Keeneland-based trainer Ben Colebrook to change his mind and take on the boys with the filly Caroline Test, who captured an off-turf 5 1/2-furlong maiden race at Ellis by 4 1/4 lengths. Colebrook had considered running in Saturday’s $60,000 Colleen on turf against fillies at Monmouth Park.
“I train her for the breeder,†Colebrook said of Edward Seltzer and Beverly Anderson. “Once we can get black type (stakes placing), you can kind of do some other things, run her back in an allowance race at Kentucky Downs. The race at Monmouth came up a little tougher than we were thinking, and you’d have to ship. Here it’s just a local ship — and have her ready for Kentucky Downs — was the thought.â€
Caroline Test is from the same female family as Surgical Strike, a multiple stakes-winner on turf and Polytrack whom Colebrook trains for Seltzer and Anderson. “We kind of think she’s going to be better on the grass,†Colebrook said. “But she ran so well on the dirt at Ellis that maybe she is a dirt filly. And she’s run over the track, so there were a couple of things that swayed us to stay home.â€
“Making of a Racehorse†fan experience continues Saturday
“Making of a Racehorse,†Ellis Park’s fan experience staged in conjunction with the Kentucky division of the Horsemen’s Benevolent and Protective Association, will be held every Saturday morning during August. The free event is designed to give racing fans, horse enthusiasts and the simply-curious an up-close look at everything that goes into getting a horse to the races.Â
Fans are invited to arrive after 7 a.m. ET in the track southern parking lot by the Ohio River levee, which is in close proximity to the starting gate for morning schooling. The program begins at 7:30 a.m. with Ellis starter Scott Jordan and his crew explaining how horses learn to break from the gate. Participants then go for a backside visit to trainer John Hancock’s barn, with jockey Francisco Torres on hand to answer questions. Ellis announcer Jimmy McNerney and paddock analyst Megan Devine also will add commentary, with fans invited to attend their Saturday morning handicapping show at 9:30 in the clubhouse.
For more information, contact Jennie Rees, Ellis Park publicity, at tracksidejennie@gmail.com.Â