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Aces head to Loyola for final three games
Hoping to clinch a spot in the Missouri Valley Conference Tournament this weekend, the University of Evansville softball team heads to Loyola for its final three games of the regular season.
Entering the weekend, the Purple Aces are 22-24 overall and 10-13 in conference play. They stand sixth in the MVC and hold a cushion of two games over Missouri State and Indiana State, who are tied for 8th place in the league. The Bears and Sycamores square off this weekend in Springfield.
Saturday’s action begins with a noon doubleheader with Sunday’s regular-season finale also set for a noon first pitch.
UE is coming off of a tough 3-2 loss on Wednesday against Southern Illinois. With the score tied up at 2-2 following the first seven innings, the game went nine frames before the Salukis scored the deciding run. Morgan Florey pitched the entire game, striking out eight SIU batters. The freshman now has 200 strikeouts on the season and is just the second in program history to reach that mark in a single season.
Chandra Parr and Michal Luckett each had 2-hit days for the Aces. Parr, along with Florey, knocked in the Aces’ runs, both of which crossed the plate in the third inning.
Parr bumped her team-leading batting average to .328 on the season and is tied with Florey for the team high in home runs (6) and RBIs (23). Luckett boosted her batting average to .308 with her 2/3 performance against SIU, ranking second on the squad. She is tied with Parr for the team lead with 45 hits and has logged in 146 at-bats, the most for an Evansville player this season.
Loyola begins the weekend with a 20-26 record and 4-17 in the MVC. The Ramblers have dropped their last four games, each of which were on the road, but took wins in their last two home games. They defeated Illinois State by a 5-4 final on April 24 before taking a 1-0 decision over Indiana State two days later.
Erica Nagel is the top hitter in the Valley as she starts the weekend hitting .447. She has recorded 67 hits in 150 plate appearances. Brooke Wyderski has also been strong, hitting .433. Wyderski leads Loyola in home runs (9), RBI (33) and doubles (10).
“On behalf of the State Executive Board and Young Republicans across the Hoosier State, I am pleased to congratulate so many great conservative leaders on their Primary Victories. The Indiana Young Republicans are fully prepared to work tirelessly to ensure that we re-elect Governor Mike Pence, elect Todd Young to the US Senate and elect our Republican candidates to the US Congress. We are confident that Hoosiers will continue to choose strong, conservative, common sense solutions over the failed liberal policies of Barack Obama, Hillary Clinton and John Gregg.”
Dave Stafford for www.theindianalawyer.com
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.
Demetre Brown was among a group of men who targeted a home on East 79th Street in Indianapolis after seeing an open garage door in the early morning hours of Oct. 28, 2013. A disabled man and his wife lived in the home with their 24-year-old daughter, and all were home at the time the armed men entered the house.
The men broke into the house and over the hours that followed raped and sexually assaulted both women and brutally attacked the man. They ransacked the house, stole jewelry, a laptop and cars. They forced the women to withdraw cash from nearby ATMs.
A jury convicted Brown of four counts of Class A felony rape, two counts of Class A felony attempted criminal deviate conduct, two counts of Class B felony robbery, three counts of Class B felony carjacking, three counts of Class B felony criminal confinement, two counts of Class C felony intimidation, Class B felony aggravated battery, Class A felony robbery, Class C felony battery, and Class A felony burglary. The court sentenced on just 10 counts to avoid double jeopardy, giving Brown 248 years in prison.
In Demetre Brown v. State of Indiana, 49A02-1505-CR-391, the panel affirmed Brown’s convictions but found double jeopardy concerns warranted the reduction of a Class A felony robbery conviction to a Class B conviction. This reduced his sentence to 218 years.
But the panel expressed concern about the role attorney Heather Barton played in this case. Barton represented Brown in another criminal matter but provided police with the laptop that had been stolen from the home after retrieving it from Brown’s mother’s house. Barton also testified about the source of the laptop, which contained Brown’s fingerprint. Brown argued the trial court should have suppressed the evidence and that Barton violated attorney-client privilege.
“We have significant concerns and deep reservations about the events that occurred here and Barton’s questionable conduct. Brown correctly points out that there are attorney professional conduct rules implicated,†Judge Michael Barnes wrote, referencing Professional Conduct Rule 1.6(a). “However, Brown cites no authority for the proposition that an ethical violation should result in the exclusion of evidence in a criminal trial unless it violates the attorney-client privilege statute.
“Despite our concerns about Barton’s conduct, we need not and do not address whether the trial court erred by admitting the evidence at issue because any error was harmless,†Barnes wrote, finding there was ample other evidence at trial pointing to Brown’s guilt.
Brown also failed to persuade the court that convictions should be vacated due to the single larceny rule or that his sentence was inappropriate.
BY DAVE STAFFORD of Indian Lawyer
A federal court has scheduled a settlement conference later this month in the case of an Evansville woman who sued the city after her home was violently raided by an armored phalanx of SWAT officers who found no evidence of a crime.
Louise Milan’s case against Evansville, city Police Chief Billy Bolin and others is back before District Judge William T. Lawrence in the U.S. Court for the Southern District of Indiana after the U.S. Supreme Court in February rejected the city’s petition to hear its appeal.
Milan was 68 in June 2012 when a SWAT team descended on the home she shared with two daughters. Officers were looking for the source of Internet threats against police and tracked the IP address to Milan’s home. However, the unsecured Internet connection allowed people outside her home to use her connection.
Lawrence ruled in January 2015 that Milan could pursue an excessive force claim against the city and that Evansville had no claim of qualified immunity for the action of its police. The city appealed, but to no avail. Judge Richard Posner wrote for the 7th Circuit Court of Appeals that video of the raid posted online was “disturbing†and “cannot have helped race relations in Evansville.†The appellate ruling likened police action to the Keystone Kops, finding EPD in proceeding with a SWAT raid on skimpy evidence “committed too many mistakes to pass the test of reasonableness.â€
The District Court has set a settlement conference in the case for May 25 in Evansville. If the case doesn’t settle, a three-day jury trial is scheduled to begin August 22.
Milan’s attorney, Kyle Biesecker of Biesecker Dutkanych & Macer LLC in Evansville, said four past settlement conferences have failed to produce an offer from the city.
“All indications I’ve gotten to this point indicate I don’t think any settlement is forthcoming,†he said. “That may change at the settlement conference.â€
He said Milan “did nothing wrong and is one of the nicest people I’ve ever met.â€
An attorney representing the Evansville defendants, Keith Vonderahe of Ziemer Stayman Weitzel & Shoulders, LLP, declined to comment on whether the city has or intends to make a settlement offer.
“The city will most definitely participate in [the settlement] conference in good faith — with the optimistic intent of reaching a settlement and avoiding the trial,†Vonderahe said in an email. “Of course, if settlement is not forthcoming, the city will be prepared to defend the actions of its police officers at trial.â€
FOOTNOTE: Â This is a developing story and we shall up date you soon as more information becomes available.
On Thursday at approximately 4:25pm, Evansville Police responded to a shooting near Riverside and Grand. Officers located 20 year old Donovan Thomas in the parking lot of the Zesto’s and began treating him for a gunshot wound to the leg. After officers applied a tourniquet, they were able to get information from him. He told police he knew the man who shot him. He told police it was 21 year old MICHAEL MERRIWEATHER. Thomas did not provide any possible motive for the shooting.
MERRIWEATHER fled the area before officers arrived. He remains at large. He is wanted for Attempted Murder and Criminal Recklessness. He is considered armed and dangerous.
Anyone with information on MERRIWEATHER or this case is asked to call EPD at 812-436-7979 or WeTip at 1-800-78-CRIME.
Â
DeLyn BeardÂ
Selected to Attend the
National Summit on Teacher DiversityÂ
The United States Department of Education is committed to supporting efforts to increase diversity in the teaching profession so that our teaching force more closely reflects the increasingly diverse student population it serves. As part of this commitment, the Department will host a National Summit on Teacher Diversity on Friday, May 6th at the Department’s Headquarters in Washington, DC.  The Summit’s goal is to support the development of actionable commitments to attracting, preparing, retaining, and supporting educators of color, as well as to spark a national dialogue on this pressing issue.
DeLyn Beard was invited to attend this Summit by Secretary of Education John King.  Ms. Beard was nominated by the National Education Association because of her interests in and abilities to contribute to a nationwide effort to address the lack of diversity in our teaching force.  Ms. Beard’s participation in this summit will expand and deepen her understanding of this issue, as she will exchange ideas with other educational thought leaders around the country regarding how to use her professional position and her sense of agency to affect change in our schools and in our community.
A teacher for 21 years, Ms. Beard currently serves on the Board of Directors for ETA and is an eLearning Coach for EVSC. Ms. Beard hopes to bring back ideas to share and use to promote increased diversity in our teaching force.
On Thursday, May 05, 2016 at 09:30pm the Vanderburgh County Sheriff’s Office arrested Mr. Brandyn Alan Cox on charges related to an ongoing animal cruelty investigation. Deputies located Mr. Cox in Mount Vernon, where he was served with an arrest warrant and taken into custody.
The arrest stems from an incident that occurred on Tuesday, May 03, 2016 in which Mr. Jamie McFarland was alleged to have tied a dog to the tow hitch of a truck later driven by Mr. Cox. The Sheriff’s Office became aware of the incident when multiple 911 callers indicated the driver of a black Ford F-150 pick-up truck had been dragging a dog on a leash behind the vehicle.
One of the 911 callers sped around the truck as it traveled down Pearl Drive and blocked the driver’s path. Mr. Cox is alleged to have exited the truck and then untied the deceased dog, leaving the animal in the roadway. The witness reported being threatened by Mr. Cox after she attempted to take pictures of him. Mr. Cox allegedly tried to take the phone from the witness’s hand and then threatened to run over her with his truck prior to leaving the scene.
Mr. Cox was located and questioned later that day, but released while the investigation continued. The investigation determined that Mr. Cox had driven for just over five (5) miles while dragging the animal.  Mr. McFarland was taken into custody on Wednesday, May 4, 2016, while an arrest warrant for Mr. Cox was obtained earlier today.
Vanderburgh County Sheriff’s Office deputies located Mr. Cox inside of an automotive repair business in Mount Vernon. With the assistance of the Posey County Sheriff’s Office and theMount Vernon Police Department, Mr. Cox was taken into custody without incident. Mr. Cox surrendered after a warning was shouted into the building from a Sheriff’s Office K-9 handler, who was preparing to use his canine to search the building.
The Posey County Sheriff’s Office arrested Mr. Matthew Blaine Reed of Mt. Vernon, who had been inside the garage with Mr. Cox. Mr. Reed was found to be in possession of a stolen handgun and is currently lodged at the Posey County Jail.
Sheriff Dave Wedding stated, “Animals obviously cannot speak for themselves, so it is up to us give them a voice whenever they are abused or mistreated.†Sheriff Wedding added, “Our County benefits from the collaborative relationship between the Sheriff’s Office, the Vanderburgh County Prosecutor’s Office and Evansville-Vanderburgh Animal Control,who are all members of the Evansville-Vanderburgh County Animal Cruelty Task-Forceâ€. Both the Sheriff’s Office and the Evansville Police Department have assigned representatives to the task force, whose goal is to curb animal cruelty in Vanderburgh County through prevention, protection and prosecution.
Sheriff Wedding added, “I want to thank those members of the public who called 911 to report this crime, especially the woman who risked her personal safety to try and save this animal. We normally encourage citizens to just be good witnesses and not become involved, but I certainly understand why this good samaritan elected to take action.â€
ARRESTED:
Pictured above: Brandyn Alan Cox, 24, of Evansville. Intimidation as a Level 5 Felony, Animal Cruelty as a Level 6 Felony, Animal Torture (2 counts) as a Level 6 Felony, Animal Cruelty as a Class A Misdemeanor, Interference with the Reporting of a Crime as a Class A Misdemeanor
IS IT TRUE that City Council attorney Joshua Claybourn of Newburgh who with considerable media coverage withdrew as an Indiana delegate to the Republican National Convention and in his prepared statement said “he cannot in good conscience attend a convention supporting Donald Trump”, attended Donald Trump’s Evansville rally at the ONB Events Plaza as a backroom VIP guest?  … that Josh Claybourn disdain for Trump didn’t stop him from accepting a backstage pass to the local appearance by the Donald and taking a smiling “thumbs up†picture with him? …it looks like Mr. Claybourn finally got his 15 minutes of fame? …we would like for the real Josh Claybourn to stand up and be counted?
IS IT TRUE that it looks like the video of the last City Council meeting has been altered by someone in authority? Â …the segment at the end the meeting has been erased? Â …the section that was erased had to do with the discussion between City Councilman Dan McGinn, Dr. Dan Adams and George Lumley? Â …could the reason why this video segment was erased was Mr. Lumley took them to task and made both of them look bad? Â …it looks like censorship is well and alive at the Civic Center?
IS IT TRUE we are extremely taken aback by the results of the primary race for County Commissioner District #3?  … Cheryl Musgrave political machine flexed its muscle by helping her win her race with 50% of the votes?  … one of our most favorite conservative people, Brenda Bergwitz ran a very positive and aggressive campaign?  …we hope Brenda will continue to stay engaged in politics?  ….Alex Schmitt would had been better off if he would had ran for a position like County Council? ..it seems like Alex is a reasonably nice person that received bad political advise?
IS IT TRUE we would like to congratulate District 77 State Representative candidates for providing us with positive, aggressive and an issue driven campaign?  …who ever did the marketing  campaign for Brandon Lee Ferguson did a masterful job? … Mr. Ferguson is extremely likable and we predict  that we haven’t seen the last of him?  …Lori Sherman almost became the first black female attorney to ever win District 77 State Representative Democratic primary election?  …you can bet that the voters hasn’t seen the last of Ms. Sherman name placed on a ballot?  …we predict that Lori Sherman will be a political force to deal with in the future?…election day belong to young and well liked attorney Ryan Hatfield?  …Ryan’s comes from a well known and established political family which proved to be the difference that put him over the top in this extremely competitive race?  …his Republican  opponent better beware because Ryan Hatfield has shown that he is one hell of a campaigner?
IS IT TRUE that Zachary Heronemus and Elliot Howard both run an extremely positive campaigns? Â …they attended every political gathering and conducted impressive door to door campaigns? Â …we congratulate both young men for providing the voters with the closest race of the day? Â …we predict that the general election race for Clerk Of The Circuit Court is going to be an ole fashion political barn burner?
IS IT TRUE that Ann Ennis give District 64 State Representative Thomas W Â Washburn more than he wanted and much more? Â …if Mrs. Ennis would had focus on Mr. Washburn know-it- all attitude she could had sent him packing? Â …we predict that there shall be something positive in the Ann Ennis political horizon?
IS IT TRUE that Republican State Representative candidate for District 78 Johnny Kincaid ran one hell of a race? …the votes he received was truly impressive? Â …having a well known campaign manager by the name of Phillip Davis didn’t hurt him either? Â …we also give three cheers to William Billy Garrett and Henrietta Jenkins for running an aggressive and issue based campaigns? Â …you can bet we shall be seeing the names of William Billy Garrett and Henrietta Jenkins on future ballots? Â ….both individuals are very nice people?
IS IT TRUE its hard to believe that Republican Dale McCuiston a withdrawn candidate for County Commissioner District #1 race received a whooping 18,460 complimentary vote?  …unopposed Democratic District #1 candidate Ben Shoulders received an impressive 13,235 votes in his race?  …we predict that Ben Shoulders name may one day appear on the ballot as a candidate for Mayor of Evansville?
IS IT TRUE the Republican race for Clerk of The Circuit Court was extremely interesting?  …its sad that two extremely well respected ladies had to run against each other?  …Carla Hayden ruled the day by handily defeating Connie Carrier ?  …it looks like local GOP party Chairman Wayne Parkes endorsement help Mrs. Hayden to win this extremely competitive race?  …we also know that the endorsement of former Clerk of The Circuit Court and County Commissioner Marsha Abell proved to be extremely valuable to the primary election win for Mrs. Hayden?
IS IT TRUE the most effective and hard working District #78 State Representative Holli Sullivan received an impressive 7,325 complimentary votes from the people of her District?  …Holli is becoming to be known as the “go to gal” in the House of Representative side to get things done?
IS IT TRUE County Commissioner Steve Melcher votes shows that he still enjoy strong support among Democrats?  …County Coroner candidate Steve Lockyear complimentary votes tell us that if any Republican are considering to take him on in the general election they better be ready for an uphill political battle?
IS IT TRUE next Monday we shall do some additional IS IT TRUE primary election recaps?
FOOTNOTE: todays “Readers Poll” question is: Do you feel that Joshua Claybourn should had withdrawn as an Indiana delegate to the Republican National Convention?
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