Vanderburgh County Recent Booking Records
EPD Activity Report
Trial court had discretion in allowing hearsay statements into evidence
Marilyn Odendahl for www.theindianalawyer.com
A trial court, which excused two young girls from testifying against their abuser at trial and instead allowed their prior statements to be admitted into evidence, did not abuse its discretion, the Indiana Court of Appeals has ruled.
David Ennik was charged with one count of child molesting, a Class A felony, and two counts of child molesting, Class C felonies. Prior to Ennik’s trial, Wells Circuit Court held a protected person hearing to determine if the two youngest victims, K.N. and M.W., could recount their experience in court.
After hearing testimony form a psychiatrist who examined the girls as well as from the state and Ennik, the trial court concluded K.N. and M.W. would not be available to testify at trial since “testifying in the physical presence of (Ennik) would cause the children to suffer serious emotional distress such that they could not reasonably communicate.â€
Further, the court allowed the statements made by K.N. and M.W. to their mother and their recorded interviews with officials from the Indiana Department of Child Services and law enforcement to be admitted at trial.
Ennik was subsequently convicted on all charges and sentenced to an aggregate term of 65 years. On appeal, he argued that by allowing the jury to hear the victims’ statements, the trial court had abused its discretion by admitting hearsay evidence.
The Court of Appeals echoed the finding in Mishler v. State, 894 N.E.2d 1095, 1100 (Ind. Ct. App. 2008), trans. denied, that rarely do children disclose abuse or molestation immediately after it happens.
In affirming Ennik’s conviction, the Court of Appeals found the evidence established the girls had no motive to fabricate their story and that their statements to their mother were spontaneous. The DCS and police officials testified that they observed no signs the girls were coached about what to say.
The unanimous panel concluded that the trial court did not abuse its discretion by admitting hearsay statements of the victims’ mother and the recorded interviews with officials.
The case is David C. Ennik v. State of Indiana, 90A02-1409-CR-664.
INSURANCE APPLICATION APPOINTMENTS STILL AVAILABLEÂ
St. Mary’s Health is offering application assistance appointments for insurance through the Healthy Indiana Plan (HIP 2.0) and Hoosier Healthwise. Application appointments are still available.
St. Mary’s Health Access Advocates will be available to assist the uninsured. They will offer help navigating the application process. Low-income, non-disabled adults ages 19 to 64 with incomes of up to $16,297 annually or $33,307 for a family of four are generally eligible to participate in the Healthy Indiana Plan. Hoosier Healthwise covers children from birth through age 18 and pregnant women with annual household incomes of up to $39,828 for a family of two and $60,636 for a family of four.
Those interested are encouraged to schedule an appointment by calling 812.485.5864. Walk-ins are welcome.
St. Mary’s Medical Arts Building
3700 Bellemeade Ave, Suite 122, Evansville, IN
Tuesday, July 21, 10:00 a.m. – 7:00 p.m.
Preparations Underway for 2015 Vanderburgh County 4H Fair
-
The 95th annual Vanderburgh County 4H Fair gets underway this Monday, July 20, 2015. With shows, music, rides, races, pageants, contests, exhibits and food the 4H fair truly has something for everyone. Over 45,000 people are expected to attend this year.
The Sheriff’s Office tent will again be located near the fairgrounds main office. Sheriff Dave Wedding stated, “This year our tent will feature the ‘Choose Your Ride‘ combination Sheriff’s Office cruiser and taxi cab.” “Choose Your Ride” vehicles from the Evansville Police Department will also be on display at other locations within the fairgrounds this year.
Sheriff Dave Wedding would like everyone to have a great time at the fair and be safe. “Please watch your speed as you drive in designated parking areas. Be on the lookout for pedestrians and children that may dart unexpectedly from a row of cars.” Sheriff Wedding added, “Fairgoers should be aware that farm machinery and livestock are dangerous if treated carelessly. An increased potential for injury exists when you bring heavy equipment, large animals and crowds of people together.”
The Sheriff’s Office asks that fairgoers respect marked boundaries and warning signs. Please keep an eye on small children and don’t permit them to become separated from the group. The Sheriff’s Office tent will be passing out wristbands for small children to wear that will allow deputies or firefighters to call a missing parent on their cellphone.
Last year’s fair resulted in a few minor cuts and scrapes, mostly related to trips and falls. The hot weather did cause a few people to overexert themselves. This year’s forecast calls for a high of 94 degrees. Fairgoers are reminded to stay hydrated and avoid direct sunlight for extended periods.
The potential for storms will exist at this year’s fair, please be aware of the dangers of lightning. Pay attention to the fair’s public address system for warnings. The safest place to be in a lightning storm is inside your car with the windows closed or inside a structure. Do not stand under a tree or touch any conductive surfaces (e.g. leaning against a building or sitting on grandstand bleachers).
Many of the events at the 4H Fair feature off-highway vehicles that are not equipped with mufflers. The sound can easily exceed 115 decibels. At this level, hearing damage can result in less than 30 minutes of exposure. Fairgoers who are planning on attending events at the 4H arena are reminded to bring adequate hearing protection for themselves and their children.
A contingent of Sheriff’s Office deputies and Scott Township Fire Department firefighters and paramedics will be present throughout the fairgrounds to address any security or safety concerns. The Indiana State Police will be providing traffic control on US 41.
General Fair Rules:
- Firearms are not permitted.
- Coolers and backpacks are subject to inspection.
- No glass containers are permitted.
- The sale or consumption of alcoholic beverages is not allowed.
- No fireworks are permitted.
- Skateboards or roller skates are prohibited.
- All livestock must remain in designated areas.
- Animals (excluding service animals) that are not registered for an event or function are not permitted.
- Parking is only allowed in designated areas.
- Please follow the instructions of 4H fair staff members.
Click Here for a schedule of fair events
SENATE NEEDS TO ACCEPT HISTORIC DEAL WITH IRAN
By Jason Stanford
You can lead a Senator to water, but you cannot make him think. Benjamin Netanyahu’s bellicose bellyaching notwithstanding, getting Iran to give up its nuclear ambitions makes the world safer, is broadly popular with the American people, and is the crowning achievement of an American-led foreign policy in a messy, post-9/11 world. But if this good deal is to become a real deal, first Kerry and his boss must get it past the numbskulls they used to serve with in the United States Senate.
Let’s get something straight first: This is a good deal. Iran agrees to stop trying to build a nuke and to allow inspections and monitoring. In exchange, we lift only the sanctions that are related to their nuclear program (others stay in place) and we let them have their frozen bank accounts. What do we give up? Nothing.
This is what American leadership can achieve in the world. Compared to continuing sanctions and hoping they stop pursuing the bomb—or, worse yet, going to war against Iran—it’s pretty close to a best-case scenario.
Now the biggest obstacle to American leadership abroad is political obstruction in the Senate, because the most combustible material in Washington is a senator who feels like he’s not being treated like the most important person in the world. (See also: John McCain.)
The nuclear deal with Iran, the United States, and five of our allies in Europe is an executive agreement, not a treaty. It should not require Senate approval. That didn’t stop 47 Republican Senators from trying to torpedo the negotiations, a particularly odious example of devaluing the presidency and by extension our ability to lead in the world. And it’s also why the Senate has insisted on the right to review the Iran deal, potentially scuttling our biggest foreign policy victory since the Clinton years. But that’s just politics as usual in Washington now.
It’s no surprise that Republicans are against the Iran deal. I keep wanting Obama to extol the virtues of drinking water to see if congressional Republicans will die of thirst. The Republican presidential primary is exerting a tidal pull on this disloyal opposition that’s more partisan than patriotic. With Senators Rand Paul, Ted Cruz, and Lindsey Graham running for president from the senate, don’t expect an elevated debate coming out of this.
But how, then, can you explain the grandstanding coming from the Democrats in the Senate? It’s one thing to put politics ahead of country, as the Republicans are doing. It’s another to put ego before country. Taken as a whole, most of the objections coming from the Senate Democrats seem like cheap excuses to get on cable television.
Some Senate Democrats worry the deal endangers Israel, when in fact this makes Israel safer. Nothing short of all-out war with Iran will make Netanyahu happy—imagine Dick Cheney with better hair—but he’s not our president.
Other Democratic Senators are making a show of demanding “intrusive†inspections. These have always been a core component in the negotiations. It’s like they were insisting that water contain hydrogen and oxygen molecules in every atom just to hear their voices booming in the senate chamber just like real statesmen.
The fact is that the Senate isn’t just obstructing the President but also the public. A nuclear deal with Iran is extraordinarily popular with the American people. A CNN/ORC poll from last March found that 68 percent of Americans favor “direct diplomatic negotiations between the U.S. and Iran in an attempt to prevent Iran from developing nuclear weapons.†And ABC News/Washington Post poll around the same time found similar levels of support.
It shouldn’t take political courage to do what is popular with huge majorities of the American people. First, though, our senators will have to remember that if they want the United States to lead in a more peaceful and prosperous world, they’ll have to remember that there are some things more important than hearing themselves talk on cable news. We’ve got enough problems in the world without scuttling our last good chance at keeping Iran from getting nuclear weapons. The Senate needs to get out of the way and take the win.
Governor Pence Announces FEMA Grant of $862,946 to Fort Wayne; City to Acquire and Raze 18 Flood-Prone Structures
 Governor Mike Pence today announced a federal award of $862,946 to Fort Wayne to purchase and demolish 18 flood-prone structures.
Â
“This effort in Fort Wayne is about protecting Hoosiers by removing these properties from harm’s way,†Governor Pence said. “In addition to eliminating the flood-damage property risk to the owners, it also keeps Hoosiers safer and prevents repetitive stress to Indiana’s economy. I appreciate the cooperation among the local, state and federal personnel who worked together to move this initiative forward.â€
The grant came from the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) and was announced through the FEMA Region V Office in Chicago.
Fort Wayne Mayor Tom Henry said today’s development is part of a decade-long effort to protect residents and property from floods.
“This is positive news for residents in the City of Fort Wayne as we continue our efforts with state and federal partners to protect our communities,†Mayor Henry said. “In the last 10 years, we’ve moved forward with many proactive flood control improvement projects throughout Fort Wayne. These projects have included storm pipes, earthen berms, flood walls, the creation of more green space to handle flood water and the purchase of more than 100 homes that were prone to flooding. Our investments are making a meaningful difference to assist residents and enhance the quality of life for neighborhoods.â€
The grant application for Fort Wayne was prepared by Rodney Renkenberger, executive director of the Maumee River Basin Commission.
“This Flood Mitigation Project is an example of how the Maumee River Basin Commission assists communities with permanent non-structural flood damage reduction solutions. Non-structural projects allow emergency services personnel to be deployed to areas of greater risk because they are no longer needed in the project area,” Renkenberger said.
Following demolition, the properties will be maintained as permanent open spaces in the community. The grant is part of Pre-Disaster Mitigation, which provides grants to state and local governments to implement long-term hazard mitigation measures.
The Indiana Department of Homeland Security administers the grant from FEMA to the City of Fort Wayne.
The total eligible cost of the project is $1,150,595. FEMA will pay 75 percent, which is the $862,946. The city of Fort Wayne and the Maumee River Basin Commission will contribute 25 percent of the remaining funds, or $287,649.