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Detective’s testimony on drug buy inadmissible, but harmless error

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Jennifer Nelson for www.the. indianalawyeer.com

The Indiana Supreme Court ruled the admission of a detective’s statement regarding a controlled drug buy should not have been admitted because it resolved the issue of the defendant’s guilt, but that admission into evidence was a harmless error.

Wenzel Williams appealed his two Class B felony convictions of dealing in cocaine, which stemmed from controlled drug buys with a confidential informant. Madison County Drug Task Force Detective Keith Gaskill, acting undercover, witnessed the drug buys. At Williams’ trial, he said “there’s zero doubt in my mind that that was a transaction for cocaine,” when testifying about the first controlled drug buy.

Indiana Evidence Rule 704(a) expressly prohibits in criminal cases witness opinions concerning the ultimate issue of guilt. Because this statement did not merely “embrace” an ultimate issue by implying Williams’ guilt, but was an outright opinion of guilt, it is inadmissible under the rule, Chief Justice Loretta Rush wrote. Its admission violated the jury’s right to determine the law and facts in criminal cases.

The state argued excluding Gaskill’s testimony would require overruling precedent allowing officers to testify to other facts like a defendant’s intoxication or identity, but the Supreme Court found those cases distinguishable because an opinion of intoxication or identity does not reach every element of the offense.

“Detective Gaskill’s statement that ‘there’s zero doubt in my mind that that was a transaction for cocaine’ crossed the line into declaring Williams’s guilt. In the context of this drug-dealing offense, Detective Gaskill’s testimony, unlike testimony of intoxication and identity, does not just describe or imply some elements of the offense, but all of them – including mens rea,” Rush wrote.

But, the admission was a harmless error because the jury had ample evidence to independently convict Williams on both charges, so his convictions are affirmed.

The case is Wenzel Williams v. State of Indiana, 48S05-1507-CR-424.

Press events during AG’s Rx Drug Abuse Symposium –

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INDIANAPOLIS – Indiana Attorney General Greg Zoeller will host the sixth-annual Indiana Prescription Drug Abuse Symposium on Oct. 28 and 29 to focus on new challenges in the fight against prescription drug abuse, particularly in light of unprecedented HIV and Hepatitis C outbreaks this year triggered by intravenous abuse of diverted medications as well as rising heroin overdose rates.

This year’s symposium, titled “In the Trenches, A Community Approach,” is open to the media at no cost for those who request a press pass. A full agenda of the symposium is available here and a link to the press release with more information is available here.

Below are noteworthy events for media coverage:

Wednesday, Oct 28

  • 8:45 a.m., Grand Ballroom – opening remarks from Indiana Attorney General Greg Zoeller
  • 9-10 a.m., Grand Ballroom – Opioid Misuse and Addiction: National Priorities — keynote from Dr. Wilson Compton, deputy director of the National Institute on Drug Abuse [Dr. Compton and Zoeller will be available for media interviews immediately following his keynote outside the Grand Ballroom]
  • 10:10 a.m., Capitol Room 1&2 – The Nose Knows: A Naloxone Train the Trainer Workshop — includes live mannequin demos

Thursday, Oct. 29

  • 8:30 a.m., Grand Ballroom – opening remarks from Zoeller and Indiana State Health Commissioner Dr. Jerome Adams
  • 8:50 a.m., Grand Ballroom – Prescription Drug Misuse and Heroin: The Federal Perspective — keynote from the nation’s “drug czar,” Michael Botticelli, director of the Office of National Drug Control Policy
  • 2:15 p.m., Grand Ballroom – AG Zoeller will present six awards to law enforcement officers and medical professionals who have demonstrated excellence in training and saving lives with naloxone.
  • 2:40 p.m., House Room – PRESS CONFERENCE – Attorney General Zoeller will announce a new initiative to equip more law enforcement officers and first responders with naloxone kits to help prevent opioid overdose deaths. Naloxone award recipients will also be present at the press conference.

The Prescription Drug Abuse Symposium is held at the Westin Hotel, 301 W. Washington St., Indianapolis, IN 46204.

Mannheim Steamroller Christmas by Chip Davis

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Wednesday, November 18 at 7:30pm
MANNHEIM STEAMROLLER CHRISTMAS BY CHIP DAVIS
find tickets

Grammy Award winner Chip Davis has created a show that features the beloved Christmas music of Mannheim Steamroller along with dazzling multimedia effects performed in an intimate setting. Experience the magic as the spirit of the season comes alive with the signature sound of Mannheim Steamroller. Their holiday CDs have become synonymous with Christmas and continue to occupy top spots on Billboards’ Seasonal Charts every year!

More InformationPrice: $68, $58, $38, $28

There’s still have time to book a Dinner and Show before the Mannheim Steamroller Christmas  concert! Call 812-435-5770 ext. 202 or ext. 302 for details!

FAN FAVORITES FOR KING & COUNTRY AND MATTHEW WEST TO HEADLINE WINTER JAM 2016 TOUR SPECTACULAR

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 Christian Music’s Biggest Tour Showcases Most Diverse Lineup To Date

Continuing an unprecedented reign as one of the world’s largest tours and Christian music’s biggest annual tour, the Winter Jam Tour Spectacular announced its highly-anticipated 2016 line-up yesterday evening at Nashville’s

Sudekum Planetarium. The announcement, which included performances from several 2016 artists, was also live-streamed to viewers around the world via Blue Scout Media’s StageHop.com.

Co-headlining next year’s 48-city Winter Jam Tour Spectacular are two fan favorites: GRAMMY® Award-winning duo for KING & COUNTRY and GRAMMY®-nominated singer/songwriter Matthew West. The tour will also
feature Crowder*, RED, Sidewalk Prophets, NewSong, KB/Tedashii/Trip Lee*, Lauren Daigle and

evangelist Tony Nolan, while the Pre-Jam Party is slated to showcase Stars Go Dim and We Are Messengers.

Presented by Holt International, the tour kicks-off January 2 in Charleston, West Virginia, and will hit nearly 50 of the country’s top venues, including EagleBank Arena in Washington, D.C.; Atlanta’s Georgia Dome; the BB&T Center in Miami; Smoothie King Center in New Orleans; Houston’s Toyota Center; and St. Louis’ Scottrade Center, among others, before wrapping up April 3 at Freedom Hall

in Louisville, Kentucky.

“I am amazed during each Winter Jam how God brings together just the right artists to accomplish His plans,” said Eddie Carswell, Winter Jam creator and founding member of NewSong. “All of the performers announced tonight have a heart for ministry, which is what this tour has been about from the very beginning.”

In addition to Holt International, Winter Jam 2106 sponsors include “God’s Not Dead 2,” Liberty University, Museum of the Bible (presenting the Winter Jam Tour Spectacular Youth Leader

Reception), Camp Electric, Premier Vacations & Events, Xtreme Conferences, Texas TransEastern and Wayne E. Bailey Produce.

Soaring melodies, driving rhythms, theatrical instrumentation and personal themes are the heartbeat of two-time GRAMMY® Award winners for KING & COUNTRY. The Australian duo raised expectations with the release of 2012’s Crave, named amongBillboard’s New Artists to Watch for 2012, and has since sold half a million albums. Their sophomore effort Run Wild. Live Free. Love Strong. garnered unanimous critical praise with a #1 debut on iTunes, a Fall (2014) headlining tour that included 28 sold-out shows and a 60-date arena tour during the Spring (2015) and three Dove Awards in 2015. They have performed on “Jimmy Kimmel Live!,” “The Today Show,” “The Tonight Show,” “FOX & Friends” and have had songs featured on The Emmys, The Super Bowl, Sunday Night Football, and the U.S. Open, among other programs.

Matthew West is a multiple ASCAP Christian Music Songwriter/Artist of the Year winner, a four-time GRAMMY® nominee, and was awarded his first American Music Award (2013) and a Billboard Music Award (2014). Matthew West’s discography includes acclaimed releases: Happy (2003), History (2005), Something to Say (2008), The Story of Your Life (2010) and GRAMMY®-nominated Into The Light (2012) and most recently Live Forever (2015). West was nominated for a Primetime Emmy® Award for Original Music & Lyrics for “The Heart of Christmas” from the film of the same name. His songwriting

credits include cuts by Rascal Flatts, Billy Ray Cyrus, Diamond Rio and more.

Founded and hosted by GRAMMY®-nominated NewSong and promoted by Premier Productions, the blockbuster Winter Jam Tour Spectacular annually ranks among the top first-quarter tours in the world and has helped provide a powerful platform for the Gospel in major arenas around the country since 1995. Making history earlier this year, Winter Jam 2015 played to

more than 600,000 people at a total of 47 shows across the country, shattering the tour’s previous attendance records.

With a career spanning more than 30 years, 19 albums, 20 #1 Christian radio singles, a #1 mainstream AC hit, a GRAMMY® Award-nomination and induction into the Georgia Music Hall of Fame, among numerous other achievements, NewSong’s unparalleled ministry has been highlighted by such defining songs as “Arise, My Love,” “Rescue,“ “The Same God,” and the holiday favorite, “The Christmas Shoes.” The band’s latest recording and second live worship set, Faithful (Integrity Music),

debuted at #1 on Nielsen SoundScan’s Praise & Worship chart earlier this year.

 

EDITORIAL: Fiscal Conservatism Is What Most People Of Evansville Espouse

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We believe that the City-County Observer has an obligation to our readers and the public in general to address the furor raised in the local mainstream media concerning the budget passed on Monday night by City Council.  The Mayor, the Directors of the various non-profits groups that had cuts made to their budgets, Council members Mosby and Weaver, and the Courier and Press Editorial staff all voiced their outrage at the budget cuts made by the City Council.  No one seemed to be concerned that the City has fallen into the habit of spending more than it brings in.  In fact, they seem to be angry that the Council has finally  put a stop to this fiscally irresponsible practice.  We want our readers to be aware that this was not a close vote.  The measure passed by an 8 to 1 margin, with Jonathan Weaver being the lone “nay” vote because he wanted more money to put in budget for public safety.

Yesterday the Mayor called all of the City department heads and Directors of affected non-profit organizations together in a session aimed at explaining the cuts to their 2016 budgets.  Chris Cooke, a vice president of United Neighborhoods of Evansville (UNOE), an umbrella organization for the various neighborhood associations throughout the city which distributes grants to the neighborhoods, voiced the feelings of several people in the room when he said that the cuts were “outrageous.”   In case his name “rings a bell” for you, Mr. Cooke is the Director of the City Cemeteries, as well as a neighborhood group volunteer.  Lynn Miller-Pease of Leadership Evansville seemed to still be in a state of shock when she complained that the Council had given her no warning of the cuts.

We wonder if the non-profit organization leaders understand how hard it is for many middle class families to make ends meet.  Now we are faced with a proposed increase in the local Income Option Tax being pushed by the tax and spend Councilman Dan McGinn along with Mosby and Weaver.  This coupled with future increases in water and sewer rates will make the struggle even harder for them to make ends meet.

Second Ward Councilwoman Missy Mosby bemoaned the cuts, especially the ones to the overtime accounts for EPD and EFD.  We wonder why Miss Mosby voted for the cuts, if she finds them so onerous.  She could have joined her main ally on the Council, Mr. Weaver, as a “nay”.  We can only guess that there was some hidden political reason for not voting her “conscience” in the matter.  Perhaps it is the fiscal conservatism that most of the “real people” of this city espouse, or an attempt to be all things to all people.

The Mayor himself reviled the Council for making the cuts for what he described as “political reasons.”  We wonder if it has ever occurred to Mr. Winnecke that it is he who has continually demanded more “spending money” than the City has income.  He has engaged in a spending spree of epic proportions, without ever being satisfied.  This Mayor has demanded more than we could afford and made it necessary to continue to raid the “Rainy Day Fund.”  He also seemed to have a problem remember just how little  we are left with when he stated that we have two million dollars more than we do.  CCO has likened Winnecke’s behavior to that of a spoiled child and yesterdays performance seemed to reinforce that characterization.

The Evansville Courier editorialized on Tuesday afternoon that the City Council has “failed Evansville.”  We strongly disagree with that opinion.  We believe that the 2016 budget that was passed on Monday is the most fiscally responsible budget  that has come out of the Civic Center in many years.  It is the Mayor and his weak leaders he has chosen to be a part of his team that have repeatedly failed Evansville.  Monday evening the City Council took the first step to re-established financial solvency for the City by refusing to allow Mayor Winnecke to continue spending more than we bring in.  We congratulate the eight Councilors who stood up to stop the overspending.

In closing, we believe the coming City Election is not just a choice of leaders for the next four years.  We know that we are at a crossroads for the future of Evansville, and if we do not choose the fiscally responsible candidates we will all pay the price for their folly.  Please choose wisely and vote on or before next Tuesday.

Defenseman Carlisle Called Up to Binghamton

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Rookie is first to earn AHL call up from Evansville, joins B-Sens.)

  The Evansville IceMen, proud ECHL affiliate of the NHL’s Ottawa Senators and AHL’s Binghamton Senators, and Head Coach Al Sims announced the organization’s first call up of the 2015-16 season Monday. Rookie defenseman Chris Carlisle has been recalled by Binghamton, where the 20-year-old spent most of his first professional training camp.

 

The Fort Lee, NJ native recorded an assist in each of his first two professional games. Carlisle was credited the second assist on Evansville’s October 17 goal scored by Joe Zarbo in the third period a 3-1 loss to Indy. Saturday night, Carlisle’s third period shot from the point was deflected in by Tyson Fawcett in Evansville’s 2-1 loss to Toledo.

 

The 5’10, 174 lbs. defenseman signed his first pro contract as a free agent with Binghamton in July, after helping the Oshawa Generals of the Ontario Hockey League win the Memorial Cup as the top team in Canadian junior hockey. Carlisle set career highs in several categories with Oshawa in 2014-15, including goals (7), assists (31), and plus/minus rating (plus-40).

 

The IceMen hit the road for the first time this weekend and will do so without Carlisle. Evansville travels east for a Halloween afternoon tilt in Greenville, S.C. against the Swamp Rabbits. The game time has been moved up to 3pm EDT (2pm in Evansville). After the game, the IceMen head to Charleston for a Sunday afternoon game against the South Carolina Stingrays at 3pm EDT.

 

Both games will be broadcast on www.evansvilleicemen.com, the MixLr mobile application and ECHL TV, with coverage starting at 1:45pm in Evansville. Fans can also watch the game at Bar Louie in Evansville, the official headquarters for IceMen away games.

Visit us at www.evansvilleicemen.com, like us on Facebook, or follow us on Twitter @EvvIceMen for more information about your hometown professional hockey team.

 

Adopt A Pet

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Dreamsicle is a 2-year-old female medium-haired cat! Was surrendered with her tiny kittens, who have already been adopted. Now it’s her turn! Her $30 adoption fee includes her spay, microchip, vaccines, and more. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption details!

 

BREAKING NEWS: Riecken Accuses Winnecke’s Waffling Points To Lack Of Leadership

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Winnecke’s Waffling Points To Lack of Leadership

Evansville, IN – Gail Riecken released a statement regarding the 2016 Evansville Municipal Budget. Leadership begins and ends with action.

When it comes to the 2016 City Budget, Mayor Winnecke did not act.
If anyone is to blame for the budgetary cuts the City Council made, it’s Mayor Winnecke.

I spoke about our city finances and the difficulties the city faces quite a bit over the last 9 months. We have more money going out than coming in, rising debt, and a Mayor who thinks neither of those things are a problem.

At the same time, Mayor Winnecke was told about how the 2016 Budget needed to be both cut and balanced. He knew the budget process would be a difficult one. He could have spent the time finding ways to trim the budget in a way the City Council would approve, ensuring that his priorities were included.

Instead, the Mayor punted.

Mayor Winnecke refused to make the cuts necessary, and made a deeply political decision. He let the City Council make the budgetary cuts for him, refusing to be the leader Evansville deserves and make the budgetary cuts himself.

He did so in order to blame someone else for the cuts he knows must be made. Anyone who looks at the budgets, looks at the city finances, and understands how government can and should function, can easily see that budgetary cuts must be made.

Mayor Winnecke wants to let someone else do his dirty work so he can keep his hands clean, and avoid having to take any responsibility for the budgetary cuts other leaders MUST now make to keep our city financially solvent.

Mayor Winnecke refused to act, so other leaders had a duty to do so.

Its unfortunate the Mayor would not make the hard choices. I do not agree with all the budgetary cuts that were made, but what is most disappointing is that the Finance Chair of the City Council, and not the Mayor, had to be the one proposing the cuts to the budget.

At his 3pm press conference today, Mayor Winnecke said “Politics has gotten in the way of good public policy”.

Frankly, I couldn’t agree more.

Winnecke has refused to put forth a realistic budget, playing politics and pushing the hard choices off to other leaders. His choice to play politics is the budget we now have for 2016.

A city without leadership is a ship without a captain.

As Mayor, I will take the leadership role, with open meetings and discussion about budget issues longer before the eleventh hour.

Together, we can make Evansville better.

Sincerely,

Gail Riecken

Candidate For Mayor of Evansville

Gail Riecken is running for Mayor of Evansville and is a former Evansville City Council-woman, Evansville Parks Director, and a current member of the Indiana State House of Representatives. She is a lifelong Evansville resident, has been married for 47 years, and has 2 children and 3 grandchildren.

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BREAKING NEWS: MAYOR WINNECKE CALLS MEETING TO DISCUSS BUDGET INPACT OF BUDGET CUTS

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MAYOR
MAYOR

EDITORS NOTE:  Attached is a copy of an e-mail sent today to all City  of Evansville department heads and non-profit organizations that receive funding from the City.  We consider this called meeting to be political nature to order to rally the Pro-Winnecke forces to show up next Tuesday to vote for him for re-election.  We predict that the Mayor will take this opportunity to tell those in attendence  that last nights City Council budget cuts will have a negative impact on the services they provide.

It’s important to point out that the 2016 City budget doesn’t come into effect until January 2016.   Get ready to hear the doom and gloom spin generated by this soon to be politically motivated gathering. We think that the timing of this called meeting is suspect.

 

Subject: Mtg Request from Mayor Winnecke – 3:00 pm today

All –

Mayor Winnecke requests your presence today at 3:00 PM in Room 301 of the Civic Center to discuss the impacts of the 2016 budget cuts.

Your attendance is very important as these cuts will impact the delivery of city services and the organizations supported by city government. If you cannot attend, please send a representative in your place. For the non-profit organizations, please feel free to invite your board chairman or other leadership.

Thanks in advance.
Steve

Steve Schaefer
Chief of Staff
Office of Mayor Lloyd Winnecke

Two men on trial this week opt to plead guilty

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 Two men who were on trial in Vanderburgh County this week decided at the last minute to plead guilty to their charges against them.

On Monday, Michael A. Negovan, 34, of Evansville, pleaded guilty to a Level 4 felony of burglary just before his trial could get under way. Negovan is accused of burglarizing a home on Nov. 10, 2014.

Today, Victor R. Thomas, 46, of Henderson, decided on the second day of his trial to plead guilty as charged to multiple drug counts – one that could put him in prison for more than 20 years.

Thomas pleaded guilty to an A felony of dealing cocaine and a C felony of dealing marijuana more than 10 pounds. He also pleaded guilty to resisting law enforcement, a D felony, and conspiracy to commit dealing in marijuana more than 10 pounds, a C felony. In addition, he pleaded guilty to a gang enhancement that was added on for the dealing cocaine charge.

Prosecutors believe Thomas made the decision to plead guilty due to the overwhelming amount of evidence against him including video and audio recordings admitted during the first day of the trial.

Thomas faces 20 to 50 years in prison for the A felony, which occurred on Jan. 24, 2014. He will be sentenced at 1 p.m. on Nov. 19.

Negovan’s sentencing date is at 9 a.m. on Nov. 24.