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COA: Live-in girlfriend asked to leave didn’t trespass

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Dave Stafford for www.theindianalawyer.com

A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.

A jury convicted Jessi Apollos of the Class A misdemeanor and Class B misdemeanor disorderly conduct after she refused to leave Andre Francois’ home in Indianapolis. She had moved into Francois’ home at his invitation in mid-December 2014. The two soon became involved in a sexual relationship, and she cared for his child in lieu of rent.

But by Jan. 6, 2015, police were at Francois’ home after he repeatedly told Apollos to leave and she refused. Police said Apollos was “upset” and “loud,” and asked her to leave after she could offer no proof she lived there. When she declined an officer’s request to drive her to a shelter, she was arrested.

The Court of Appeals reversed the trespass conviction, but Apollos did not appeal the disorderly conduct judgment.

“Because it is undisputed that Apollos and Francois both understood that they had agreed that Apollos would live in Francois’ residence in exchange for money and/or childcare services, we find that the evidence does not establish beyond a reasonable doubt that Apollos did not have a contractual interest in the property,” Judge John Baker wrote for the panel in Jessi Apollos v. State of Indiana, 49A04-1601-CR-15.

“In other words, we find that the State failed to disprove contractual interests reasonably apparent from the circumstances under which the trespass allegedly occurred,” Baker wrote. The matter is remanded with instructions to vacate the conviction and accordingly adjust Apollos’ sentence of one year suspended to probation.

ACKERMAN’S ARM LEADS OTTERS TO VICTORY

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The Evansville Otters take game three of the series against the Florence Freedom six to one. The Otters fell behind early in the first, but would have a big five run inning in the third.

Hunter Ackerman started on the rubber for the Otters and moved to six and five with the win on the night. Ackerman pitched for seven and two-thirds innings. Ackerman allowed six hits, one run and had five strikeouts. Zach Wendorf started for the Freedom and moved to one and four with the loss on the night. Wendorf pitched for three innings, allowing five hits and five runs, but none were earned.

The Freedom started the scoring first when Shaun Cooper hit a RBI-triple off the wall in center field. In the third the Otters exploded for five runs to take the lead from the Freedom. Nik Balog started the scoring with a sac-fly into left center to bring home Josh Allen. Chris Sweeney would continue the scoring with his RBI-single to bring John Schultz home from second. Denzel Richardson extended the lead five to one after hitting a three run homer right over the right field wall.

After four quiet innings, the Otters would put up another run in the eighth. Josh Allen hit an RBI-double off the left center wall to bring in Christopher Riopedre.

The Otters will be back at Bosse Field on Tuesday, August 23 to start a three game series against the Normal CornBelters, first pitch is at 6:35 P.M. Tickets available at www.evansvilleotters.com or by phone at 812-435-8686 ext. 21.

FREEDOM TIES SERIES AFTER VICTORY

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 The Evansville Otters fall to the Florence Freedom in game two of the series, four to three at Bosse Field. The Otters started the game hot, scoring three runs in the first two innings. In the first, Josh Allen would score after an RBI from Nik Balog, then John Schultz would come home on the next play. In the second Schultz would bring home Christopher Riopedre with a single.

In the third, the Freedom would bring the game within one when Andrew Godbold brought in two with a double. No runs would be scored until the Freedom hit a two run homer by Isaac Wenrich to take the lead. In the ninth, the Freedom would bring in Ethan Gibbons to close out the game with a four to three lead. After three straight outs the Freedom would walk away the winners.

Ken Frosch moved to 5-5 on the season after the loss tonight. Frosch came in at the start of the seventh and gave up a two run homer to lose the lead. Braulio Torres-Perez started for the Freedom and moved to three and zero on the season after receiving the win.

Game three of the series takes place Sunday, August 21. Tickets available at www.evansvilleotters.com or by phone at 812- 435-8686 ext. 21.

AUGUST 21 “READER 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 believe that the Mayor or City Council will have nothing to do with the future decision concerning the development of Robert Park?

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Dissent: PO reversal ‘insulates’ domestic violence perpetrators

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Dave Stafford for www.theindianalawyer.com

An ex-husband’s actions that prompted a woman to get a protective order against him did not constitute stalking or threatening behavior sufficient to warrant the court order, the majority of an Indiana Court of Appeals panel ruled Friday. A dissenting judge warned the holding “insulates perpetrators of domestic violence” who threaten friends or associates of former partners.

The court reversed a Johnson Circuit Court protective order that limited Joshua Cruse’s communication with his ex-wife to only that regarding their three children.

A key incident preceding the issuance of the order was Cruse’s confrontation with his ex-wife’s companion after his son’s baseball game, during which Cruse held a bat and “got up in this gentleman’s face and told him that he better not come around our kids again and he felt threatened enough that he left,” according to his ex.

Judge Edward Najam dissented from the majority that found no basis for stalking or other behavior sufficient to support a protective order.

“C.C. proved that Cruse deliberately initiated three aggressive encounters with her, and Cruse’s conduct is symptomatic of controlling behavior, which is a form of domestic violence,” Najam wrote in his dissent. “I would hold that the trial court did not commit reversible error when it concluded that C.C. carried her burden of proof by a preponderance of the evidence and issued an Order of Protection.”

But Judge John Baker, in a majority opinion joined by Chief Judge Nancy Vaidik, wrote, “As the only evidence in the record regarding the bat establishes that Cruse was holding it in a non-threatening manner, and C.C. did not even mention the bat, we strongly disagree with the dissent that this suffices to establish that Cruse attempted or threatened to cause physical harm to anyone. We certainly do not believe that this holding in any way ‘insulates perpetrators of domestic violence.”

The majority wrote that there was insufficient evidence to support a finding that Cruse stalked his ex. “Although she did comment that at one point she felt intimidated, most of her concerns were based upon the way other people were reacting to Cruse,” Baker wrote. “She was not frightened, she merely ‘preferred’ that Cruse not be around when she was with the children. We also find insufficient evidence that Cruse’s course of conduct would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.”

The case is Joshua Perry Cruse v. C.C., 41A01-1512-PO-2345.

ANOTHER CONFEDERATE SYMBOL BITES THE DUST

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                                             ANOTHER CONFEDERATE SYMBOL BITES THE DUST

                                              Tyrades! By Danny Tyree

According to the Washington Post, prestigious Vanderbilt University in Nashville, Tennessee is finally going to act on its long-held desire to delete the word “Confederate” from the inscription atop the columned entrance to Confederate Memorial Hall dormitory.

(Under the terms of a 2005 court ruling, Vanderbilt is required to pay $1.2 million to the Tennessee division of the United Daughters of the Confederacy, who had donated money in 1933 for the dorm’s construction and naming rights.)

I’m sure a lot of you are sighing, “It’s about time” or “Welcome to the 21st century” or “Now minority students and white-guilt sufferers and people who are mint julep-intolerant can live to a ripe old age without ever being traumatized about anything ever again”; but some aspects of the decision don’t ring true.

Why no honorary degrees for students who WOULD’VE attended Vandy if not for the dorm name?

Why no Vanderbilt-sponsored campaign to close Nashville’s Parthenon replica, that tribute to slavery, prostitution and state-sponsored religion?

The change to the bland, generic “Memorial Hall” seems like a “no win” situation. Either freshmen will ask “WHAT exactly does the hall memorialize?” and someone will have to dredge up the past and tell them about the Confederacy anyway, OR freshmen will totally ignore the enigmatic name, showing just how uninquisitive the young scholars are.

Maybe I’m still leery of the recent “not a ransom” cash transfer to Iran; but it sounds as if the university (or “anonymous donors” who are making the payoff on behalf of the university) is really paying a pretty hefty RANSOM for the name of the dorm, and setting a bad precedent.

(“Thanks for recruiting my football standout son for the Vanderbilt Commodores.Right before school started, I had his name legally changed to ‘James Earl Ray.’ For $1.2 million I could have it changed back. His even more athletic younger brothers, Lee Harvey Oswald and Sirhan Sirhan, will be available next year.”)

Someone please explain the logic of making this expensive name change. The stone-etched name on the building was a rather low-tech, non-flashy nod to the Southern cause.

But now the United Daughters of the Confederacy (who APPARENTLY are plotting a return to secession and slavery!) have more than a million dollars to spend on statues, pamphlets and targeted social media campaigns!No wonder the press release credited the money to “anonymous donors” instead of “anonymous alumni.” Vanderbilt doesn’t want to take credit for such brilliant strategists!

(I know: “Standing on principle is priceless.” But Vanderbilt COULD’VE been standing on $1.2 million worth of scholarship money!)

My great-great grandfathers suffered the deprivations of war, the deprivations of Reconstruction and umpteen posthumous bad-mouthings by Hollywood. Could the university be magnanimous and extend its no-bullying policy to include kicking deceased veterans while they’re down?

Inclusiveness, diversity and the “sweep history under the rug” philosophy have won the day. But will the victory and harmony be long-lasting?

Now that the school has set a conciliatory tone, activists will inevitably get bored and start raising a stink about Cornelius Vanderbilt, who endowed the university. There will be all sorts of debates about the carbon footprint of his coal-devouring railroads, the land formerly owned by Native Americans that his railroads crossed, the (ugh!) livestock hauled on the trains, etc.

Just watch: someday students will be flocking to Nashville to attend prestigious (bland, generic) University.

IURC Nominating Committee Announces Nominees

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Indianapolis – The Indiana Utility Regulatory Commission Nominating Committee announced today the names of the three nominees they are submitting to Governor Mike Pence for appointment to the Indiana Utility Regulatory Commission.  Those three nominees are:

Sarah Freeman

Jeffrey Golc

Timothy Jeffers

The Nominating Committee has nominated these three candidates to fill the current vacancy on the Indiana Utility Regulatory Commission created by the appointment of Commissioner Carolene Mays-Medley to be the Executive Director of the White River State Park Development Commission.  Governor Pence will select one of the three nominees to serve the remainder of Mays-Medley’s term. Commissioner Mays-Medley’s term expires December 31, 2017.

“I thank the IURC Nominating Committee for its careful and thorough evaluation of candidates to serve as commissioner at the Indiana Utility Regulatory Commission,” said Governor Pence. “I commend the members of the Committee for their dedication, and I commit to conducting an equally thorough evaluation of the three nominees as I determine the appointment for the vacant position at the Commission.”

The Nominating Committee interviewed 9 candidates for the vacancy.  Information regarding all applicants can be obtained from the Governor’s Office or online at: http://www.in.gov/gov/2682.htm.

“On behalf of the IURC Nominating Committee, I am pleased to forward the names of these three nominees to Governor Pence,” said Allen Paul, Chair of the IURC Nominating Committee. “The Committee was impressed by the quality of the applications we received. This was not an easy decision.”

Members of the Nominating Committee are Committee Chair Allen Paul, Eric Scroggins, John Blevins, Larry Buell, Win Moses, Michael Evans, and Michael Mullett.

ELLIS PARK RECAP

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Arlen’s Prospect,  Ready Look Like  A 2-Year-Olds With Big Futures; Fort Larned’s Sister Wins Allowance
Wiener-Dog Qualifying Highlights

HENDERSON, Ky. (Aug. 20, 2016) — A pair of 2-year-olds worth following were on display Saturday at Ellis Park, with strong favorite Arlen’s Prospect taking the fifth race by 3 1/4 lengths over Quality Emperor and 16-1 first-time starter Oso Ready winning the seventh by 1 1/2 lengths over Wild Shot.

Also on the card, the 3-year-old filly Walkabout, out of the same mare as 2012 Breeders’ Cup Classic winner Fort Larned, won the $39,000 first-level allowance feature by 3 1/4 lengths over Misty Journey under a confident ride from Brian Hernandez Jr. Trainer Ian Wilkes swept the late double, also taking the nightcap with 8-1 Panoe (ridden by Wilkes’ son-in-law Chris Landeros) for the stable’s 10th triumph (out of 33) at the meet, second behind only Steve Asmussen’s 12 (56 starts).

And, of course, there were the Wiener Dog qualifying races. The details:

Making the late jockey change from Jesus Castanon, who did not ride Saturday at Ellis, to Didiel Osorio proved a harbinger for a horse named Oso Ready. That son of More Than Ready was making his debut for owner Ed Orr and trainer Glenn Brookfield, but he had a string of excellent works at The Thoroughbred Center in Lexington, where Brookfield has his five-horse stable.

With Osorio gearing down late, Oso Ready cruised the 5 1/2 lengths in 1:03.98. He paid $34.20 as the second-longest shot in the field of eight.

Oso Ready is a son of the terrific stallion More Than Ready, whom Brookfield galloped as an exercise rider for Todd Pletcher. “I liked his dad, and I like him,” he said. “He’s an ornery little turd, but he’s all right.”

Brookfield calls Oso Ready “Junior.” And, in fact, Junior was a handful in the paddock, with observers saying he tried to flip and Brookfield saying, “Well, he was rearing up. He wasn’t trying to flip or anything. He’s just ornery. I tell you what, ‘Junior’ will face up to you in the stall. He’s tough.”

But he was a pro once on the racetrack, breaking like a shot and keeping his forward position.

“I mean, he can run,” Osorio said. “… He ran huge. I never asked him anything. I showed him my stick to the left a little bit, and that’s it. You don’t have to do much when you ride horses like that.”

Arlen’s Prospect, a son of Into Mischief, had the misfortunate of running into Lookin At Lee in his career debut July 22 at Churchill Downs, finishing second. Lookin At Lee went on to win the $75,000 Ellis Park Juvenile in his next start. Arlen’s Prospect, with Channing Hill aboard, ran back in another maiden race, leading all the way for a dominant score over first-time starter Quality Emperor and Joe Rocco Jr. (who also rode Wild Shot). Arlen’s Prospect covered 5 1/2 furlongs in 1:04.52 and paid $4.80 as the favorite in the field of ten 2-year-olds.

“He is nice. He ran great the first time, the lack of a run beat him — and he got beat by a nice horse,” said winning trainer Brendan Walsh, who is stabled at Churchill Downs’ Trackside training center. “So he jumped up today.”

Channing Hill picked up the mount, with Corey Lanerie riding at Saratoga.

“To this day, I haven’t really won that many 2-year-old races,” Hill said. “I’ve won six races at the meet here, and two of them have been really good 2-year-olds. I was just in the right spot at the right time, with Robby (Albarado) on ‘days’ (completing a three-day suspension), and Corey out of town. Like we were saying the other day, how good this jock colony is, they do travel a lot within this meet. You just get lucky to get on nice horses like that.

“And Brendan had this horse in tip-top shape. I mean, completely professional. If you want to see how to get a 2-year-old to win second-time out, that was the one. This guy jumped out, he was so quick leaving there and then he was just all business from there. This is a nice little horse. He’s got a lot of upside. Brendan did a terrific job. It’s easy when they’re nice and professional. You’ve just got to hang on. It’s a super-easy job then.”

Walkabout needed four starts to win a maiden race, but Wilkes and his staff never get in a hurry. After she won by 4 1/2 lengths at Churchill Downs under Hernandez, Wilkes did take a shot in the Grade 2 Indiana Oaks, with Walkabout finishing fifth but losing a tussle for third. While dropping back into an allowance race, one that offered a $25,000 claiming option, Walkabout still was facing older fillies and mares for the first time.

After stalking the pace in third, Walkabout split horses in the stretch and methodically ran down pacesetting Misty Journey in the field of six. She covered the mile in a solid 1:35.43, the last eighth-mile in a strong 12.06 seconds with no urging.

“Pretty impressive,” said Bob Tucker, who oversees Wilkes’ division at the Skylight training center in Oldham County and saddles the Ellis horses. “She’s going to be a pretty nice little filly.”

In addition to Fort Larned, Arlucea also is the dam of the Grade 1-placed Izarra and stakes-placed Moonport. Arlucea’s mom is the Hall of Fame mare Bayakoa. The entire family has been campaigned by owner Whitham Thoroughbreds. Wilkes trained and Hernandez rode Fort Larned.

For the third consecutive racing day, jockey Jon Court won two races, taking the second on 13-1 Gaelic Breeze in a pick-up mount for trainer Thomas Trione and the fourth on 7-1 Heavenly Shine for trainer Benjie Larue.

Jockey Declan Cannon teamed with trainer Chris Hartman to take the first on Clever Now ($3.40) and the sixth on First Heritage ($6.40).

Wiener-Dog Qualifying Heats

In stark contrast to the first qualifying heat for next Saturday’s Wiener Dog Championship, the 3-year-old leggy long-haired blonde wiener-dog named Mini Corndog With Ketchup set a course record, sprinting about 50 yards in 6.91 seconds. And she needed every bit of that to hold off the hard-charging Molly in a photo. Both dogs advance, as did the top two in the slowly-run, chaotic first heat. There will be two more qualifying heats Sunday.

“They had open practice Thursday and she came out here and in three practice races she came in first,” said Mini Corndog With Ketchup’s co-owner Brad Huebner of Newburgh.

Said his wife, Bethany Huebner: “She just plays Frisbee and runs around the house all time.”

Added Brad: “She’s crazy fast, and we knew she was fast. So we had to get her in the wiener-dog races…. A lot of the wiener-dogs seem to have shorter legs. Like the short-hairs seem to be built a little different, with shorter legs and it seems they don’t run as fast.”

“There were a lot of fast dogs out there today,” said Anna Goins of Jasper, Ind., who owns Molly with husband Stephen. While Molly had never raced at Ellis, she had run before at the Jasper Strassenfest’s Dachshund Dash. “And she’s won it, but it’s a much shorter track.”

Safe to say that Ellis Park starter Scott Jordan didn’t oversee the start the first heat, as the entire field broke to the right, milling around, with half going off the course, before a couple got the idea they were to run more or less straight the 50 yards to the finish. Finishing first in 33.63 seconds was No. 6, Daphne, a chestnut Dachshund who was the biggest dog in the race at 14 pounds. Finishing second was No. 4, the chocolate Andy.

“During the practice Thursday, some of them were able to finish,” said winning owner Matthew Short of Madisonville, in his first wiener-dog competition. “With Daphne, we learned today that she’s actually going to be a good competitor and there will be other races to come. She finished in two of the practices runs; the other three she was a little confused.

“We’re proud of her. It’s a lot of fun. I’m glad we got to do it, that she got to do it.”

In fairness to the first-heat dogs, the starting gate was positioned much closer to the outside rail. For the second heat, it was moved into the middle of the track.

There will be another melon giveaway at Ellis Park Sunday, with fans able to leave with a fresh melon. Patrons have the option of donating money to the Kentucky and Indiana Humane Societies.