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4 Circuit judges want new trial in polygraph denial case

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Jennifer Nelson for www.theindianalawyer.com

Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.

Resnick was convicted of child abuse and firearms charges, which he appealed to the 7th Circuit. In May, a split panel affirmed those convictions. At issue in the Thursday order is the majority’s holding that admitting Resnick’s refusal to take a polygraph was not plain error.

“We have never before held that the refusal to take a polygraph implicates the Fifth Amendment. Moreover, Resnick’s refusal to take a polygraph was mentioned only once by each side during the closing, the evidence against him was very strong and his defense did not depend on his credibility because he did not take the stand at trial,” Chief Judge Diane Wood wrote in the May decision.

Judge William Bauer dissented in the matter, and was one of the four judges who dissented from the denial of rehearing en banc. The other three were Judges Richard Posner, Joel Flaum and Michael Kanne.

“A polygraph is an instrument designed to determine whether the person examined is telling the truth. But polygraphs are not reliable truth-telling tools, and determining credibility is the jury’s duty,” the dissenting judges wrote. “The introduction of and comment on evidence that a suspect refused to take a polygraph test signals to the jury that polygraph evidence is reliable, though it is not, and that the suspect’s refusal to talk evidences consciousness of guilt when courts have consistently held that this is an impermissible inference.”

Allowing that evidence “infected the trial and rendered it unfair, no matter how ‘overwhelming’ the evidence against” Resnick, they continued. “Such tactics should not be tolerated. Reversal would send the right signal; this affirmance sends the wrong one. Resnick deserves a new trial.”

The case is United States of America v. David A. Resnick, 14-3791
 

Adopt A Pet

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Reese is a 1-year-old female brindle hound mix. She was adopted from VHS as a puppy from the “Disney Fairies” litter, then returned. Previously, she’d lived outside with five siblings with almost no human interaction and was terrified of everything. Since being in a new home, she has blossomed and her confidence has improved! She’s ready to go home TODAY fixed, vaccinated, and microchipped for $100. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

2016 National Night Out  

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Date: 8/2/2016 6:00 PM – 8:30 PM
Cost: FREE
Location: Wesselman Park

Join Evansville’s public safety officers for a fun filled evening at Wesselman Park during our annual National Night Out event on Tuesday, August 2, 2016, from 6:00 pm until 8:30 pm.

There will be free food, games, and opportunities to see various EPD and EFD teams and equipment.

We are asking that visitors to the event park in the former Roberts Stadium lot using the Boeke Road entrance.

DEBBIE WASSERMAN-SCHULTZ GETS THE BOOT

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Certified Nursing Assistant Informational Session Planned at Ivy Tech Community College

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Have you always wanted a career that you know is making a difference for others?  Ivy Tech Community College has an information session planned for the Certified Nursing Assistant program. CNAs assist patients in a hospital or residents in nursing homes/extended care facilities with their healthcare needs.

An Information Session is planned to learn more:

  • Tuesday, August 16, 2016 (4 pm)

Pre-registration is not required for these workshops, but is preferred. Call Andrea Grillo (812) 492-0204 to register for a session. If an interested individual is a current Ivy Tech student, he or she should bring their student ID number to sign in.

All sessions will be conducted in the Tri-State Building Room 1 on Fairway directly behind the Ivy Tech Bookstore area on First Avenue.

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THIS WIN IS FOR MARVIN

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The Evansville Otters won a thrilling game in walk-off fashion by a score of 10-8 against the Traverse City Beach Bums on Friday night at Bosse Field. The Otters jumped out to an early lead in the second inning following an RBI double that was smoked over the leftfielder’s head. However, the Beach Bums would rally with force in the very next frame. Traverse City managed to pound out 6 runs within the disastrous third, highlighted by a bases clearing double and a two- run homerun that cleared dead center field. Evansville would display their remarkable grit in the latter half of the inning, as they have all season, by answering back with a four run outburst to pull the game within a run at 6-5. Chris Breen blasted a double to right-center, and Denzel Richardson crushed a two-run missile over the left-field fence to led the Otter offense in the third. The fifth would prove to be a critical turning point for Evansville, thanks to a patient approach at the plate that yielded two singles and three walks, scoring two runs to take the lead in the process at 7-6. Rolando Gomez would demolish a solo homer to right in the sixth, which padded the Otter lead 8-6. The remaining two innings would be fairly uneventful before drama unfolded in the ninth. With a runner on first, Jose Vargas attempted to play the role of villain by smacking a homerun that nearly left the stadium, tying the score at 8-8. Following back to back singles in the tenth, Josh Allen sent the Bosse faithful home happy by smoking a line drive off of the base of the leftfield wall for a two RBI walk-off double.

Tomorrow, Evansville will host the Traverse City Beach Bums once again for Christmas in July. Santa will be visiting the stadium to greet children, as well as other Christmas festivities. Donations will be collected to benefit Riley Children’s Foundation. Join us for first pitch at 6:35 pm CDT. Tickets available at www.evansvilleotters.com or by phone at 812-435-8686 ext. 21.

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

JULY 30,16 “READERS FORUM”

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WHATS ON YOUR MIND TODAY?

“IS IT TRUE” will be posted on this coming MONDAY.

Todays READERS POLL question is: Do you feel that Councilman Dan McGinn has done a creditable job as Finance Chairman of City Council?

Please take time and read our newest feature articles entitled “HOT JOBS” and “LOCAL SPORTS” posted in our sections.

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

City County Observer has been serving our community for 15 years.

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

Super Saturday at Ellis 

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Disabled Jockeys Fund-Raiser, Ladies’ Day At The Races;
Learn About Starting Gate, Training & Meet Osorio In AM
HENDERSON, Ky. (July 28, 2016) — Ellis Park joins tracks across America on Saturday to raise money for and awareness about the Permanently Disabled Jockeys Fund, which provides assistance to some 60 jockeys who suffered catastrophic injuries while riding.
PDJF Day is one of three special events staged Saturday at Ellis Park in addition to nine live races. The day begins with “Making of a racehorse: Let’s get started!,” a program that allows fans to see up close and personal morning schooling and how young horses learn to break from the starting gate. It’s also Ladies’ Day presented by T.R.U. Event Rental, with vendors catering to women, hors d’oeuvres and drink specials in the clubhouse’s second-floor Gardenia Room.
“We have a little bit — actually a lot — for everyone Saturday, including a card with full fields that should provide entertaining handicapping,” said racing secretary Dan Bork. “The action starts early with the opportunity to see first-hand some of the inner-workings that go into making a racehorse. Kids can come out and meet their favorite jockeys and come away with a signed pair of goggles while raising money for a good cause. And ladies very well could find their 2017 Kentucky Derby hat.”
 
PDJF Day: Jockeys, fans rally around riders with debilitating injuries
Jockeys are among the most resilient athletes around, but the fact remains that riding racehorses is a dangerous profession. The Permanently Disabled Jockeys Fund is a 501(c)(3) charity that since its founding in 2006 has disbursed more than $7 million, mostly to jockey who sustained paralysis or brain injuries.
Ellis Park, the track affectionately known as the “Pea Patch,” puts its own touch on the annual fundraiser. Harley Frey, a horse owner and prominent farmer, donates a truckload of melons, which fans can get for a donation to the PDJF upon leaving the track. This one-of-a-kind venture raises several thousand dollars for PDJF.
The Ellis jockey colony, its deepest in the modern era, will participate in autograph signings throughout the afternoon as riding schedules allow. For a $15 donation, fans can get a signed pair of goggles. The winning jockey also will give a pair to a kid by the winner’s circle after each race.
Racing enthusiasts can buy $1 chances on a Victor Espinoza-autographed poster of Michael Clevenger’s Eclipse Award-winning photo of American Pharoah and Espinoza crossing the Belmont Stakes finish line to complete the first Triple Crown in 37 years. In a separate drawing at $1 a chance, fans can win signed programs from the sport’s biggest events, including Rachel Alexandra’s 2007 Kentucky Oaks and Preakness and American Pharoah’s Kentucky Derby.
Ladies Day presented by T.R.U. Event Rental: 
Women can win prizes in hat and high-heel contests while enjoying free hors d’oeuvres and drink specials sponsored by Republic National Distributing Company in the Gardenia Room. Speciality vendors will be on hand with distinctive merchandise, including For the Love of Hats by Shell, who’ll be bringing her hats and famous feather bowties. Others: Hannah’s Rustic Charm, It Works and Initials, Inc. The event is free.
Starting gate to barn visit to Osorio and Santos chatting with fans
Learn how horses are taught to break from the starting gate – and it’s not the bell to which they react. In a free event staged by Ellis Park and the Kentucky division of the Horsemen’s Protective & Benevolent Association, fans are invited to arrive starting at 7 a.m. CT in the south end of Ellis’ parking lot by the schooling gate in the mile chute near the Ohio River levee. The program will start at 7:30 a.m., with Ellis starter Scott Jordan, who also is in charge of the starting gate for Churchill Downs and the Kentucky Derby, explaining the process while fans are within feet of the action.
All ages are welcome, and afterward the program shifts to third-generation Ellis Park trainer John Hancock’s barn for insight and discussion on what happens in a stable during morning training. Didiel Osorio, last year’s Ellis riding champion, and his agent, Jose Santos Jr., will talk with fans and give signed goggles to kids. 
Fans can cap the morning by watching Ellis Park announcer Jimmy McNerney make his weekly Saturday picks at 9:30 a.m. in the track clubhouse.
First post is 12:50 p.m. CT, with free admission and parking, while adults can also play the Instant Racing Machines. 

Cement Manufacturer Cemex Agrees To Reduce Harmful Air Pollution

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Cement Manufacturer Cemex Agrees To Reduce Harmful Air Pollution

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Cemex, Inc., under which the company will invest approximately $10 million to cut emissions of harmful air pollution at five of its cement manufacturing plants in Alabama, Kentucky, Tennessee and Texas to resolve alleged violations of the Clean Air Act. Under the consent decree lodged in the U.S. District Court for the Eastern District of Tennessee, Cemex will also pay a $1.69 million civil penalty, conduct energy audits at the five plants, and spend $150,000 on energy efficiency projects to mitigate the effects of past excess emissions of nitrogen oxides (NOx) from its facilities.

“This settlement requires Cemex to use state of the art technology to reduce harmful air pollution, improving public health in vulnerable communities across the South and Southeast,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to tackling clean air violations at the largest sources, cutting the pollutants that cause respiratory illnesses like asthma.”

“The cement sector is a significant source of air pollution posing real health risks to the communities where they reside, including vulnerable communities across the U.S. who deserve better air quality than they have gotten over the years,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This agreement will require Cemex to pay a penalty and install important pollution controls to achieve reductions in harmful air emissions, thereby making Cemex a better neighbor to local residents.”

The five Cemex facilities produce Portland cement, a key ingredient in concrete, mortar, and stucco, and are located in Demopolis, Alabama, Louisville, Kentucky, Knoxville, Tennessee, and New Braunfels and Odessa, Texas. The Knox County, Tennessee and Louisville, Kentucky air pollution control authorities participated in this settlement.

Cemex is required to install pollution control technology that will reduce emissions of NOx and establish strict limits for sulfur dioxide (SO2) emissions, which will improve air quality in local communities. Cemex will install and continuously operate a selective non-catalytic reduction system for controlling NOx at the five plants and meet emission limits that are consistent with the current best available control technology for NOx.  EPA estimates this will result in NOx emissions reductions of over 4,000 tons per year.  Each facility will also be subject to strict SO2 emission limits.

NOx and SO2, two key pollutants emitted from cement plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. The pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the Cemex plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.

This settlement is part of EPA’s National Enforcement Initiative to control harmful emissions from large sources of pollution, which includes cement manufacturing plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements. The total combined SO2 and NOx emission reductions secured from cement plant settlements under this initiative will exceed 75,000 tons each year once all the required pollution controls have been installed and implemented.

The settlement is subject to a 30-day public comment period and final court approval. Information about submitting a public comment is available at:www.justice.gov/enrd/consent-decrees

For more information on the settlement visit:
https://www.epa.gov/enforcement/cemex-inc-global-clean-air-act-settlement

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