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BSens Recall Greenham, IceMen Sign Defenseman Joseph

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Bengtsberg activated from Injured Reserve, will dress in Quad City tonight.

  

The Evansville IceMen, proud ECHL affiliate of the NHL’s Ottawa Senators, and Head Coach Al Sims announced Wednesday that the AHL’s Binghamton Senators have recalled goaltender Scott Greenham for the second time this season. The IceMen also activated goalie Christoffer Bengtsberg from Injured Reserve.

 

This comes one day after Evansville signed defenseman Chris Joseph Tuesday to bolster a depleted corps on the blue line. The Levittown, NY native suited up in 20 games this season for the Huntsville Havoc of the Southern Professional Hockey League (SPHL).

 

Greenham  returns to Binghamton, where he spent nearly a month from November 16-December 10. The Ottawa, ON native appeared in two games for the BSens during his AHL stint, and stopped 20 of 25 shots in 61 minutes of action.

 

He will return to Binghamton indefinitely, after goaltender Matt O’Connor suffered an injury in the BSens 2-1 shootout win Tuesday against Lehigh Valley. Greenham posted a record of 4-3-1-0 in eight games with the IceMen, with a goals-against average of 2.88 and a 91.1 save percentage.

 

Bengtsberg had been on Injured Reserve since November 16, after suffering a lower body injury in Evansville’s 4-2 loss November 15 at Wheeling. The Stockholm, Sweden native started seven consecutive games from November 1-15, and posted a 2-4-0-0 record in that span. He has a 2.48 goal-against average and 91.4 save percentage in his first season of pro hockey in North America.

Vanderburgh County Recent Booking Records

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Aces open MVC slate at home on Wednesday

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Evansville hosts Indiana State at the Ford Center

  The University of Evansville men’s basketball team opens up Missouri Valley Conference play in a big way, hosting Indiana State in the league opener on Wednesday evening at 7 p.m. inside the Ford Center.

 

Wednesday’s game against the Sycamores will be “West Side Night with the Aces” as fans can pick up vouchers to purchase $5 tickets to the game at several locations throughout the west side of Evansville.  The game will also promote awareness of Logan’s Promise at the Ford Center.

 

For the second year in a row, Evansville went through non-conference play with just two losses, finishing up at 11-2.  The much-awaited MVC schedule will begin on December 30 with a visit to the Ford Center by Indiana State.  That game will be followed by a pair of tough road tests at Missouri State and Wichita State.  UE is a perfect 7-0 at home for the first time since 2008-09 when the Aces won their first 10 games at Roberts Stadium.

 

Evansville is an unbelievable 16-2 in its last 18 games, dating back to the beginning of the CIT Championship run in March.  The run is UE’s top streak since 1988-89 when the Purple Aces went 21-2 from December of ‘88 through February of ’89.  UE has gone 11-2 in back-to-back seasons for the first time since the 1987-88 and 88-89 campaigns.  After beginning at 14-2 in 87-88, UE went on to play in the NIT; a season later, the Aces were 11-2 en route to a berth in the NCAA Tournament.

 

Reigning MVC Player of the Week Egidijus Mockevicius has moved to the top of the national lead in rebounding with 13.9 per game.  In just 24 minutes of play last week against Alabama A&M, Mockevicius posted his 11th double-double in 13 games with 19 points and 18 rebounds.

 

D.J. Balentine continues to be the nation’s leading active scorer with 2,048 points.  He is the only player in the NCAA, regardless of division, to stand with 2,000 points or more.  Balentine recorded 19 points against the Bulldogs last Tuesday and remains atop the conference.

 

Jaylon Brown set his career high for the second time in three games, posting 19 points in the win over Alabama A&M as he hit 7 of his 9 attempts.  Over his last seven games, Brown has knocked down 30 of his 49 attempts, 61.2%.  Since scoring four points in the opener against SEMO, Brown has registered six points or more every time out, including eight double-figure outings.

 

Indiana State begins league play with an even 6-6 record after defeating Ball State on December 22 by a final of 73-61.  Devonte Brown leads the Sycamores with 14.1 points per game and has taken a team-high 140 shots.  Brenton Scott is just behind him with 13.4 PPG and was the top scorer in the win over the Cardinals, tallying 19 points.  Khristian Smith sits at 11.4 points and is the top rebounder on the squad, checking in at 6.2 per game.

City County Observer New Social Events Editor, Life-style Lil

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One of the changes here at City-County Observer for 2016 is that our readers will be hearing from our new Social Events Editor, Life-style Lil on a weekly basis. Our lady-about-town will be here with ideas about where to go and things to do in the Evansville area and offer fun ideas to our readers!

If you want to help someone you know celebrate a birthday, anniversary, or other event let Lil tell our readers about it. If you belong to an organization or church that is putting on a fundraiser or special event, tell Lil about it.

She will help publicize your event at no cost! Just send her an email at lifestylelil@outlook.com and be sure to include the “Five Ws”: Who, What, When, Where, and Why!

Two Teams of EVSC Students Win WNIN Shorts by High Schoolers 2015

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“The Art of Modern Farming,” a film by Bosse High School students Flora Perkins, Duvonya Milan, and Branden Travino; and “The Princess Poetry,” a film by Audrey Walters from New Tech Institute and Grace Loveless from FJ Reitz High School, have been selected as the winners of the WNIN short film competition SXHS 2015 (Shorts by High Schoolers). A total of seven teams made it to the finals.

Members of the two teams will be awarded a $1,000 scholarship and their produced videos will air on Jan. 28 at 7 p.m. on WNIN.

The contest was designed to promote the visual arts in Evansville and surrounding areas and to equip high school students with skills to prepare them for a career in filmmaking or the visual arts.

Split COA finds attorney did not provide adequate counsel

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Marilyn Odendahl for www.theindianalawyer.com

Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.

Derrell Woods convinced the Court of Appeals majority that the prosecutor offered to reduce his offense in exchange for a guilty plea but his defense counsel did not tell him about it. Also, the panel found that if Woods had known about the offer, he would have accepted.

Woods, who was 15 at the time of the offense in 2003, is currently serving a 45-year aggregate sentence after being convicted of Class A felony robbery with serious bodily injury. He claimed the prosecutor had proposed dismissing the Class A felony robbery charge and a carjacking charge in exchange for his plea to Class B felony robbery, Class D felony auto theft and Class D felony possession of cocaine with sentencing left to the trial court’s discretion.

During the post-conviction relief hearing, Woods submitted two letters dated June 23, 2003, that outline the plea offer. One letter includes handwritten notes, some illegible by the defense attorney, Brent Zook, while the other letter is clean and signed by the prosecutor John Maciejczyk.

In rejecting Woods’ petition for relief, the lower court described the first letter as non-discernable hearsay. The Court of Appeals agreed with the analysis of the first letter but noted the second letter is clear and supports Woods’ assertion that Zook did not alert his client to the prosecutor’s offer.

Pointing to Lafler v. Cooper, 132 S. Ct. 1376 (2012), Judge Edward Najam wrote for the majority, “…here Woods’ testimony that Zook did not extend the plea offer to him, absent any evidence to the contrary, is sufficient to prove prejudice. Indeed, Woods’ testimony in support of the post-conviction petition correlates with both his initial confession to police and his theory at trial that he was guilty of Class B, not Class A, felony robbery.”

However, Judge Melissa May dissented, arguing Woods did not overcome the presumption that counsel provided adequate service. She disputed that the evidence shows Zook did not communicate the plea offer to Woods.

“…even presuming there was a valid plea offer from Class B felony robbery, the only evidence that Zook did not communicate such offer to Woods came from the testimony of Woods himself,” May wrote. “The post-conviction court was not required to believe Woods’ testimony about that fact, even if his testimony was ‘undisputed.’”

The Court of Appeals reversed the denial of Woods’ amended petition for post-conviction relief in Derrell Woods v. State of Indiana, 20A03-1506-PC-688. It remanded with instructions to proceed as if Woods had just received the plea offer. If Woods accepts the offer but the trial court rejects it, then Woods should have a new trial.

The City of Evansville Environmental Protection Agency Fireworks and Your Health

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As New Year’s Eve approaches, it will be time again for some of our friends and neighbors to bring out the fireworks in celebration. It is important to remember that while fireworks are great fun for some, they can be an aggravation to others and possibly pose a health threat to those with certain diseases and respiratory issues.

 

Smoke of all kinds is made of both coarse and fine particles. Fine particulates, or PM2.5, are tiny particles about 1/30th the diameter of a human hair. During and for a few hours after fireworks are lit, air quality monitors in the area may detect a spike in particulate levels.  This smoke from fireworks may be a health hazard to you or your neighbor.

 

People most sensitive to smoke are children, the elderly, and people with heart or respiratory conditions.  Short-term exposure to smoke can aggravate lung disease, trigger asthma attacks, and increase susceptibility to respiratory infections.

 

To minimize the impacts from fireworks smoke, sensitive individuals should reduce or eliminate their use of personal fireworks which concentrate smoke at ground level.  Although the large aerial displays at community events produce more smoke, these fireworks are launched at greater heights, so the smoke is able to dissipate more before reaching people at ground level.

 

If you are very sensitive to smoke, enjoy the fireworks from a distance or even stay inside and watch from the window.

 

It is also important to be aware that the fireworks you use can affect those around you. The smoke may cause breathing issues for neighbors, the debris could create a fire hazard to neighboring properties, and the noise could be bothersome to those nearby.

 

Within the city of Evansville, some personal fireworks are allowed for use on New Year’s Eve between the hours of 10:00 a.m. on December 31st until 1:00 a.m. on January 1st. For more information on the rules for personal fireworks in Evansville, please visit www.evansville.in.gov or www.codepublishing.com/in/evansville  (Chapter 9.10.020).

 

Thank you and have a safe, healthy, and happy holiday!

 

Governor Pence Thanks Governor’s Task Force on Drug Enforcement, Treatment, and Prevention, Issues Final Recommendation of the Year

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Following a recommendation voted on at the fourth meeting of the Governor’s Task Force on Drug Enforcement, Treatment, and Prevention on December 8, 2015, Governor Mike Pence today announced he will include a bill, authored by Representative Greg Steuerwald, that addresses drug dealer penalties on his legislative agenda for the 2016 session of the Indiana General Assembly.

“We need to crack down on drug dealers who are peddling these poisons and preying on Hoosiers gripped by addiction. This most recent recommendation from the Task Force is another step forward in enacting policy that will allow us do just that,” said Governor Pence. “I am thankful for the continued work of the members of the Task Force, and I appreciate their recommendations to combat the scourge of drug abuse that has left far too many Hoosier families heartbroken. I look forward to working with the Indiana General Assembly to address this issue in the upcoming session.”

At the fourth Task Force meeting on December 8, 2015, the Task Force heard from more than 20 individuals, parents, and community members who shared how they have been impacted by drug abuse. Following these testimonies, the Task Force voted to recommend the Governor support legislation to enhance penalties for drug dealers convicted of serious and aggravated offenses.

Over its first four meetings, the Task Force made 15 recommendations (listed below). Governor Pence has acted on all of the recommendations.

 

Drug Task Force Recommendations as of 12/8/15
Recommendation Subject Recommendation  Date
Medicaid Section 1115 Demonstration Waiver Directed FSSA to pursue a Medicaid Section 1115 Demonstration Waiver for individuals with substance use disorders to broaden Indiana Medicaid benefit packages to provide a more comprehensive continuum of covered services and care. 9/16/2015
Aaron’s Law Awareness Directed agencies to raise awareness of Aaron’s law (SEA 406-2015), which the Governor signed into law this year to allow individuals to obtain and administer lifesaving overdose intervention drugs. 9/16/2015
Youth Assistance Expansion Directed the Department of Workforce Development to work closely with existing youth assistance programs and identify best practice models to replicate statewide. 9/16/2015
INSPECT Recommendations Directed the Indiana State Department of Health (ISDH) to convene a working group to send recommendations on improvements and best practices related to INSPECT, to the INSPECT Oversight Committee. 10/15/2015
Commission for Improving the Status of Children Requested the Commission for Improving the Status of Children make recommendations through its Educational Outcomes Task Force and Substance Abuse and Child Safety Task Force on the following: (1) developing age appropriate substance abuse curriculum for students and (2) finding ways to better connect affected youth with substance abuse services. 10/15/2015
Acute Pain Prescribing Guidelines Directed the Indiana State Department of Health (ISDH) to work with appropriate entities including those that represent physicians, nurses, dentists, physician assistants, podiatrists, and veterinarians to develop guidelines for prescribing acute pain medications. 10/15/2015
Chronic Pain Prescribing Rules Directed appropriate entities to promulgate and adopt with all expediency chronic pain prescribing rules for all prescribers. 10/15/2015
Naloxone Availability Directed the Indiana Department of Homeland Security (IDHS) to identify gaps in Naloxone availability compared with overdose demographics. 10/15/2015
Regional Therapeutic Communities Directed the Department of Correction to work with Starke and other northwest Indiana counties to adopt and pilot the Regional Therapeutic Communities program, which provides more treatment options for local officials in addressing drug addiction. 11/19/2015
PLA – INSPECT Oversight Directed the Professional Licensing Agency, to request that the INSPECT Oversight Committee explore possible measures to increase access to INSPECT for prescribers and dispensers 11/19/2015
FSSA Gold Card Program Directed the Indiana Family and Social Services Administration to implement the Gold Card Program, which removes administrative burdens by allowing qualified physicians the ability to prescribe medications without prior authorization. The prior authorization process enables payers like the Indiana Medicaid Program a chance to review the medical evidence of a member’s health condition, as provided by the treating physician, so that the medical need for covering the service and treatment costs can be established. 11/19/2015
Legislative Recommendations Expand the Lifeline Law to include immunity beyond alcohol offenses. 11/19/2015
Amend state law to require the Indiana State of Department of Health (ISDH) to issue a standing order for the dispensing of an overdose intervention drug, such as naloxone. This standing order will enable certain entities such as pharmacies to sell the drug to an individual without needing a prior prescription from a physician. 11/19/2015
Modify the Commission for a Drug-Free Indiana in a way that maintains support for local coordinating councils (LCCs) but brings together state agencies and stakeholders to address the drug abuse issues Indiana is facing today. 11/19/2015
Support legislation to enhance penalties for serious, aggravated drug dealers. 12/8/2015

 

The Governor’s Task Force on Drug Enforcement, Treatment, and Prevention announced its meeting schedule for the next several months, which can be found below. The next Task Force meeting will take place on January 29, 2016.  For additional information about the Task Force, including a list of resources, post-meeting recordings, minutes, presentation materials, upcoming agendas and specific meeting locations, visit: www.drugtaskforce.in.gov.

 

January 29th

9:00 a.m. – 1:00 p.m.

Central Indiana

 

March 18th

1:30 p.m. – 4:30 p.m.

Western Indiana

 

April 13th

1:30 p.m. – 4:30 p.m.

Northeast Indiana

 

May 17th

1:30 p.m. – 4:30 p.m.

Southwest Indiana

 

June 21st

1:30 p.m. – 4:30 p.m.

Eastern Indiana

 

July 26th

1:30 p.m. – 4:30 p.m.

Northwest Indiana

 

IS IT TRUE DECEMBER 30 and 31, 2015

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IS IT TRUE  the Evansville Brownfields Corp. has been engaged in holding blighted properties for years? …Brownfield have owned currently blighted properties as long as ten years without developing them?  …the City of Evansville thru its Department of Metro Development bought a house at 309 Madison in 2006? … this house was transferred to the Evansville Brownfields Corp. in 2013?   …this house is now listed with a group of 110 very interesting properties the city purchased with Community Development Block Grant Funds (CDBG)?

IS IT TRUE the sales disclosure shows that a lot located at 405 Jefferson was purchased by  Brownfields (DMD) for $40,000 in 2009?   …they bought the almost identical neighboring vacant lot, 407 Jefferson, for $3,000 in 2011? …the City of Evansville (DMD) also bought the neighboring lots at 413 and 415 Jefferson for $400 in 2011? …that these vacant and undeveloped lots are on the list of properties the City DMD and Brownfields DMD purchased with CDBG funds and were supposed to be dispose of in the past two years but they still own them?

IS IT TRUE it was reported in the Evansville Courier and Press 2 years ago that City of Evansville and DMD could no longer land bank with CDBG funds and had to dispose of the 110 blighted properties?   …that this was supposed to be done in two years? … the two year deadline is up and the majority of these properties have not been disposed or developed?  …we wonder what HUD is going to penalize the City of Evansville and DMD for non-compliance?

IS IT TRUE  when all said and done we predict that HUD will want some of their CDBG money back that was mismanaged by DMD to purchase blighted properties?  … the Mayor now proposes a gift of $1.7 million from Riverboat Fund  to promote new land banking projects but we project most of this money will be used to pay for the sins of past mismanagement of DMD and Brownsfields?

IS IT TRUE we strongly suggest that the City of Evansville needs total transparency, financial controls and oversight on how the $1.7 million given to Brownsfield Corp. will be spent to fight blight in Evansville proper?   …in order to achieve this task maybe the $1.7 million gift to Brownfield should simply be budgeted within the Building Commission or DMD accounts?

IS IT TRUE the once defeated idea of the city gifting the Brownfields $1.7 million in Riverboat funding is back on the table?….that in addition the city plans to collaborate with the county, without an opportunity for public comment, and give the Brownfields control of valuable tax sale properties?…..that tax sale reform measures are being ignored to justify diverting valuable resources to the Brownfields special interest?…..that these resources may or may not be used efficiently and effectively to fight blight.

IS IT TRUE the Brownfields Corp. is operated by the Department of Metropolitan Development but not required to follow government procedures?  …that a few individuals decides what properties are bought and what price is paid?  ..that these individuals also decides who is allowed to develop properties and what the properties cost?

IS IT TRUE todays “Readers Poll” questions; Do you feel that City Council should gift $1.7 million dollars to Brrownfield Corp. without strings attached?