SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.Â
DON’T GOÂ TO COURT ALONE. CALLÂ IVAN ARNAEZÂ @ 812-424-6671.
EPD Activity Report
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.Â
DON’T GOÂ TO COURT ALONE. CALLÂ IVAN ARNAEZÂ @ 812-424-6671.
Cops Cycling for Survivors Event
 Monday, July 13, 2015, will mark the start of the 12th annual Cops Cycling for Survivors bicycle ride around Indiana. A departure ceremony will be held at 8:30 a.m. EDT at the Law Enforcement/Firefighter Memorial, adjacent to the State Capitol, in downtown Indianapolis. The cyclists will depart shortly after the key note comments by Franklin College head football coach, Mike Leonard. Coach Leonard was Officer Nick Schultz’s (Merrillville PD, EOW 9/7/2014) coach when he attended Franklin College. After the 9:00 a.m. departure from the memorial the cyclists will head north to Indianapolis Metro Police North District to honor IMPD Officer Perry Renn (EOW 7/5/2014). The cyclists will ride through Noblesville and then onto Tipton where they will honor Tipton County Deputy Jacob Calvin (EOW 6/28/2014). Their journey will last 13 days and cover nearly 1,000 miles riding the perimeter of Indiana honoring fallen police officers and their families.
Cops Cycling for Survivors Foundation, Inc. annual bike ride consists of active and retired police officers, law enforcement survivors, law enforcement family members and friends of law enforcement riding their bicycles around the perimeter of Indiana to raise funds and awareness of the sacrifices made by Hoosier law enforcement families across Indiana. Funds raised from this event are used to perpetuate the memories of officers killed in the line-of-duty and to aid surviving family members and co-workers of those officers. Previously raised funds have been directly donated to foundations, scholarships and camps that have been started in memory of fallen officers or by Indiana survivors in honor of their fallen heroes. In addition, funding has been donated to Concerns of Police Survivors, the Indiana Chapter of Concerns of Police Survivors and Project Blue Light at the Indiana Law Enforcement Academy.
This year the cyclists are recognizing the sacrifice made by four Indiana police officers killed in the line of duty in 2014:
- Deputy Jacob Calvin, Tipton County Sheriff’s Office, end of watch: June 28, 2014
- Officer Perry Renn, Indianapolis Metropolitan Police Dept, end of watch: July 5, 2014
- Patrolman Jeffrey Westerfield, Gary Police Dept., end of watch: July 6, 2014
- Patrolman II Nickolaus Schultz, Merrillville Police Dept., end of watch: September 7, 2014
The ride is scheduled to conclude on the afternoon of Saturday, July 25, 2015, at Crown Hill Cemetery, Heroes of Public Safety Section. The closing ceremony will begin at 2:30pm EDT. Survivor Mike Laird, father of IMPD Officer Jake Laird (EOW 8-18-2004) will provide the closing message. All are welcome to attend.
As a kick-off to the ride, some of the participants will be on Monument Circle in front of Emmis Communications Friday, July 10th from 7:00am to approximately 3:30 pm riding stationary bikes, selling shirts, collecting donations and providing information about the Cops Cycling for Survivors to the public. The wrap on the support truck that will honor the four fallen officers from 2014 will be unveiled that morning.
2015 World Police and Fire Games
Congratulations to Evansville Firefighter Jonathan Sprinkle on his SILVER medal in the 2015 World Police & Fire Games (WPFG), held last week in Fairfax VA.
The WPFG is held every two years and is second only to the Olympics in number of competitors. Sprinkle competed in the 300 yard course of F-Class Rifle and scored a 535 out of 600 to take second place. Sprinkle missed the gold by a mere 4 points and was pleased with his performance being this was the farthest he had ever shot and his first rifle completion.
AG Zoeller to Congress: Preserve state authority to enforce data breach, security laws
Indiana Attorney General Greg Zoeller today joined a multistate letter to Congress emphasizing the importance of maintaining states’ authority to enforce data breach and data security laws, and their ability to address future data security risks.
Citing recent efforts in Congress to pass a national law on data breach notification and data security, Zoeller, joined by 46 other state and territorial attorneys general, cautions against federal preemption of state data breach and security laws and argues that any federal law must not diminish the important role states already play in protecting consumers from data breaches and identity theft.
“States are on the front lines responding to increasing reports of data breaches and identity theft; crimes which put many Indiana residents at risk for serious financial hardship,†Zoeller said. “While the federal government certainly needs to pass stronger data security laws, it is vital that federal laws do not adversely affect state efforts to help victims of these crimes and hold accountable violators of state laws.â€
The letter from the group of AGs to Congress points out a number of concerns with federal preemption of state data breach and security laws, including:
- Data breaches and identity theft continue to cause significant harm to consumers. Since 2005, nearly 5,000 data breaches have compromised more than 815 million records containing sensitive information about consumers – primarily financial account information, Social Security numbers or medical information. Full-blown identity theft involving the use of a Social Security number can cost a consumer $5,100 on average.
- Data security vulnerabilities are too common. States frequently encounter circumstances where data breach incidents result from the failure by data collectors to reasonably protect the sensitive data entrusted to them by consumers, putting consumers’ personal information at unnecessary risk. Many of these breaches could have been prevented if the data collector had taken reasonable steps to secure consumers’ data.
- States play an important role responding to data breaches and identity theft.  The states have been leaders in helping consumers deal with the repercussions of a data breach, providing important assistance to consumers who have been impacted by data breaches or who suffer identity theft or fraud as a result, and investigating the causes of data breaches to determine whether the data collector experiencing the breach had reasonable data security in place. Forty-seven states now have laws requiring data collectors to notify consumers when their personal information has been compromised by a data breach, and a number of states have also passed laws requiring companies to adopt reasonable data security practices.
The letter urges Congress to preserve existing protections under state law, ensure that states can continue to enforce breach notification requirements under their own state laws and enact new laws to respond to new data security threats, and to not hinder states that are helping their residents by preempting state data breach and security laws.
The Indiana Attorney General’s Office can pursue enforcement actions for violations of Indiana’s Disclosure of Security Breach law. Under this law, businesses and organizations with Indiana customers are required to inform customers and the AG’s Office about security breaches that have placed personal information in jeopardy. The AG’s Office can seek up to $150,000 for data breaches that have not been properly disclosed to Indiana customers.
In 2014, nearly 400 data breaches were reported to the Indiana Attorney General’s Office. In 2015 thus far, 269 data breaches have been reported. Additionally, the AG’s Office has received 728 complaints about identity theft this year; more than 1,300 complaints were received last year.
In 2005, 44 state attorneys general called on Congress to pass a national law on breach notification that did not preempt state enforcement or state law.
The AGs’ recent letter comes on the heels of a massive data breach at the U.S. Office of Personnel Management, which may have affected 18 million current, former and prospective federal employees — including AG Zoeller himself. Zoeller is a former White House staff member who served in the office of former U.S. Vice President Dan Quayle in the 1980s.
Zoeller said this data breach underscores the urgency of passing tighter security laws at the federal and state levels.
“We have become numb to the increasingly common notice of data breaches that affect Americans,†Zoeller said. “But this breach of the security clearances for those in highly sensitive positions in our federal government should be a wake-up call to the inadequacies of our federal government. It’s time the American people demand more of those in Washington responsible for our national security.”
As Indiana AG, Zoeller has advocated for passage of state laws to help protect consumers from data breaches and identity theft and to help consumers repair their credit after their identities were stolen. The Attorney General’s Office operates the state’s Identity Theft Unit and encourages all Hoosiers to protect their credit and guard against identity theft by taking the following steps:
- Sign up for a free credit freeze to prevent criminals from opening up new lines of credit in your name.
- Review your credit report to check for inaccuracies at least yearly. A free credit report can be requested once a year through www.AnnualCreditReport.com.
- Closely monitor bank statements for any unusual activity.
ST. MARY’S HEALTH RECEIVES TRAUMA CENTER VERIFICATION RENEWAL FROM THE AMERICAN COLLEGE OF SURGEONS.
St. Mary’s Health is pleased to announce we have been awarded re-verification as a Level II Adult Trauma Center and Level II Pediatric Trauma Center. This achievement recognizes St. Mary’s dedication to providing optimal care for critically injured patients of all ages measured against the highest quality standards. The review was conducted by the Verification Review Committee (VRC), an ad hoc committee of the Committee on Trauma (COT) of the American College of Surgeons (ACS).
St. Mary’s is the only hospital in the region and one of only three hospitals in Indiana to earn separate verification for Adult and Pediatric Trauma, making St. Mary’s the site of two highly-qualified, nationally-verified trauma centers. As the first hospital in the Tri-State to become a Level II Trauma Center for adults in 2005, and the first Level II Pediatric Trauma Center in the region in 2009, St. Mary’s continues to be the most comprehensive trauma center south of Indianapolis. St. Mary’s is part of Ascension, the nation’s largest Catholic and non-profit health system.
Established by the American College of Surgeons in 1987, the COT’s Consultation/Verification Program for Hospitals promotes the development of trauma centers in which participants provide not only the hospital resources necessary for trauma care, but also the entire spectrum of care to address the needs of all injured patients. This spectrum encompasses the pre-hospital phase through the rehabilitation process.
EVSC to Host 7th Annual eRevolution Conference
Hundreds of educators from across Indiana will converge on North High School tomorrow and Thursday for the seventh annual eRevolution Conference. The conference, hosted by the Evansville Vanderburgh School Corporation, will help educators enhance their ability to provide quality instruction through technology.
The conference will include more than 200 sessions within three learning strands – Digital  Age Content & Skills, Teaching & Learning and Leadership & Vision – as well as two keynote addresses. Sessions will begin at 8:30 a.m. both days and continue to 3:30 p.m.
On Wednesday, Indiana Superintendent of Public Instruction Glenda Ritz will be available for a special Q&A session from 9:30 to 10:20 a.m. and will also join attendees for lunch. She also will welcome everyone to the Conference and introduce Wednesday’s keynote speaker.
In addition to the sessions, two keynote speakers will take the stage during the conference. Rushton Hurley will present his keynote, What’s Wrong With What’s Right, on Wednesday, July 8, from 10:40 – 11:40 a.m. Ben Honeycutt will present his keynote, Open World, on Thursday, July 9, from 10:10 to 11:10 a.m.
The eRev Conference is one of 24 across the state to be part of the 2015 Summer of eLearning through the Indiana Department of Education.
About the Keynote speakers:
Rushton Hurley:Â Rushton Hurley is an educator who believes this is a great time to teach. In his work, he has taught Japanese language, been principal of an online school, directed a college professional development program, and succeeded as a social benefit entrepreneur. He loves creativity, collaborative innovation, and laughing at himself.
Rushton founded and is executive director of the educational nonprofit Next Vista for Learning, which houses a free library of hundreds of short videos by and for teachers and students. Additionally, he is the Global Project Lead for the Krause Center for Innovation at Foothill College in Los Altos Hills, California. His graduate research at Stanford University included using speech recognition technology with beginning students of Japanese in computer-based role-playing scenarios for developing language skills. In the 1990’s his work with teenagers at a high school in California led him to begin using internet and video technologies to make learning more active, helping him reach students who had struggled under more traditional approaches.
Rushton has trained teachers around the world, and regularly presents at national and international conferences, including keynotes at TETC 2010 in Nashville, METC 2011 in St. Louis, ICE 2011 in Chicago, NCTIES 2011 in Raleigh, NETC 2011 in Omaha, LACUE 2011 in New Orleans, UCET 2012 in Salt Lake City, MACUL 2012 in Grand Rapids, TICAL 2013 in Little Rock, FETC 2014 in Orlando, as well as the Google Apps for Education Summits in Singapore (2012), Mumbai (2013), Tokyo (2013), Cape Town (2013), Kuala Lumpur (2013), and around the United States (2013-2014) His fun and thoughtful talks center on the connection between engaging learning and useful, affordable technology, as well as professional perspectives of those who teach.
Ben Honeycutt:Â My name is Ben Honeycutt. My ultimate dream is to become a writer who is the voice for those who otherwise would not have one.
As a high school senior in 2010, I started this project to send two laptops and establish internet access to the SAV School, a rural village in Bageshwori, Nepal. What began as a simple high school project has become an effort that has reshaped my entire life. The project has now become a fully fledged organization that hopes to bring school buildings with running water and electricity to the children of the SAV School.
I am currently a Sophomore at the University of Kansas, and I would not be close to the person I am today without the guidance of my parents. When I focus on my passions, my father’s aspirations and my mother’s guidance kindled the imagination I held as a child.
Currently majoring in Secondary History, I hope to one day help students find and cultivate their passions, a gift that incredible teachers have given to me. Even if I never attain my dream of becoming a published author, I would love to be able to one day inspire those in a classroom here or halfway around the world!
MAYOR GIVES DMD AND ERC APPROVAL TO SPEND $907,200.00 TO PURCHASE PROPERTY ON NORTH MAIN
Mayor Gives DMD and ERC Â Approval to Spends $907,200.00 To Purchase Property On North Main
Yesterday we were sent an e-mail with a link by a loyal friend and supporter of the City County Observer. This e-mail was extremely damaging to Mayor Winnecke’s public relations campaign to our citizenry that his Administration is all about transparency and sound business practices.
At first glance one would say “oh well†,,,,, just another Evansville Redevelopment Commission and DMD land deal. After analyzing the data on the link, it is very apparent that the Mayor has over-stepped his authority and good judgment in giving his approval to DMD Director Kelly Courses to purchase about $907,200 worth of property in the name of his politically controlled Evansville Redevelopment Commission?
A close review shows that some of the property on this list has been purchased  over reasonable appraised and assess value.  We also hear that the DMD Director and the politically controlled ERC are presently looking to purchase additional property on North Main.  We shall keep you informed soon as something happens.
It’s extremely obvious when the Mayor, his DMD Director and ECHO Director Stephanie TenBarge met behind close doors to discuss the North Main Street project, the Mayor once again took the ready aim and fire approach and quickly approved the spending of $907,200 of our tax dollars on the questionable NORTH MAIN project.  We also wonder why the 3rd Ward City Council member wasn’t invited to attend  the meeting? For that matter, no member of the City Council was invited to that meeting or any subsequent meeting. It’s important to point out that City Council HAS NEVER approved the $12 million dollar loan to fund the entire North Main project.
What if City Council decides not to borrow $12 million dollars for the North Main project because it will totally delete the North Main TIF funds? Also City Council is looking at funding a $20 million dollar loan to build the Downtown Convention Hotel and another $55 million dollars loan to build the downtown IU Medical School campus. We ask how much more can the taxpayers afford to spend on every “Pie in the Sky” or Pork Barrel” project the Mayor and his political buddies at DMD and ERC dream up?
If Council rejects the funding for the North Main project, Mayor Winnecke will have spent $907,200 and possess surplus property located in the less desirable part of town they can’t sell, lease or give away? We feel that some of this property was purchased at well above the assessed value.  Look at the old CVS Building and the old Integra Bank Building. Both were purchased for exceedingly high prices. We now hear that both buildings will NOT be torn down for parking, as was the very reason they were purchased. Why were they purchased and now, put up for lease and offered to not-for-profit groups for no cost? This makes no business sense at all. The bottom line is that this transaction not only wasn’t transparent, approved or presented properly in public, but also was a bad business decision made with our hard earned tax money! Attached below is a chart of the entire North Main Street land purchases for your review and discussion!  What do you think? Please take a drive down North Main and see for yourself the property the Mayor, DMD and the ERC purchased in the taxpayers name. Could this project be a “Fleecing” of our hard earned tax dollars or a Washington, DC style “Pork Barrel” project?
We wonder what Mayoral candidate Gail Riecken thinks about this project?
BREAKDOWN OF PROPERTY LOCATED ON NORTH MAINâ€
North Main Streetscape Enhancement Project
110-118 New Parking Spaces Provided
Primary Goal: To provide readily-accessible, intimate parking lots, evenly disbursed along the North Main corridor, replacing the street parking which is being surrendered to the Streetscape Project.
Method:
– Identify properties in each block which may be available.
– Laying out safe, easily-accessible small parking lots which maximize available space while minimizing cost.
– Focus on connectivity to existing retail, restaurant and office uses, while seeking to support possible new property users along Main Street.
Block By Block “First Look†Properties:
I. Illinois to Franklin – well served by the grocery store lot.
II. Franklin to Michigan – Heavy retail use currently. Plan of action is to support this block from north and south with lots in adjoining blocks. Hutch & Sons has its own, adequate parking lot.
III. Michigan to Virginia – 401/415 N. Main offers 164’ x 142.25’. This is large enough to swap land with the owners of a proposed new SUBWAY (see below), leaving a 62’ x 142.25’ lot for parking. 26-28 Spaces Provided.
IV. Virginia to Iowa – 506 N. Main is the former Knotty Pine Restaurant. SUBWAY was planning to build there, but will swap for 401 N. Main, leaving the City a 95’ x 126.5’ lot at 506 N. Main, and a 50’ x 127.5’ lot on Virginia to the west of 506 N. Main. 40-42 Spaces Provided.
V. Iowa to Delaware – 600/602/604 N. Main is owned by Apostolic World Christian Fellowship. They’ve agree to trade 70’ x 126.5’ lot on N. Main for the 100’ x 127.5’ lot just west of N. Main, 14 W. Iowa. This allows the City to control a parking lot on N. Main in this block, but in effect gives visitors TWO lots in this block to park on, as the church is accustomed to “shared use†of the property they own, and would certainly expect “shared use†of the City-owned lot on Sundays. 24-26 Spaces Provided.
VI. Delaware to Columbia – Heavy retail use currently. Plan of action is to support this block from north and south with lots in adjoining blocks.
VII. Columbia to Maryland – 800 N. Main. Gene & Charlotte Warren have agreed to sell this 277’ x 126.5’ property, which gives the City an opportunity to use this block as the connectivity center between N. Main retail and Garvin Park/Bosse Field. With a redesigned entry facing Main Street, the existing 10,554 SF building could be repurposed into a multi-use facility (bike rentals, non-profit offices, retail use, etc.). 20-22 Spaces Provided.
BREAKDOWN OF PROPERTY LOCATED ON NORTH MAINâ€
North Main Streetscape Enhancement Project
110-118 New Parking Spaces Provided
Primary Goal: To provide readily-accessible, intimate parking lots, evenly disbursed along the North Main corridor, replacing the street parking which is being surrendered to the Streetscape Project.
Method:
– Identify properties in each block which may be available.
– Laying out safe, easily-accessible small parking lots which maximize available space while minimizing cost.
– Focus on connectivity to existing retail, restaurant and office uses, while seeking to support possible new property users along Main Street.
Block By Block “First Look†Properties:
I. Illinois to Franklin – well served by the grocery store lot.
II. Franklin to Michigan – Heavy retail use currently. Plan of action is to support this block from north and south with lots in adjoining blocks. Hutch & Sons has its own, adequate parking lot.
III. Michigan to Virginia – 401/415 N. Main offers 164’ x 142.25’. This is large enough to swap land with the owners of a proposed new SUBWAY (see below), leaving a 62’ x 142.25’ lot for parking. 26-28 Spaces Provided.
IV. Virginia to Iowa – 506 N. Main is the former Knotty Pine Restaurant. SUBWAY was planning to build there, but will swap for 401 N. Main, leaving the City a 95’ x 126.5’ lot at 506 N. Main, and a 50’ x 127.5’ lot on Virginia to the west of 506 N. Main. 40-42 Spaces Provided.
V. Iowa to Delaware – 600/602/604 N. Main is owned by Apostolic World Christian Fellowship. They’ve agree to trade 70’ x 126.5’ lot on N. Main for the 100’ x 127.5’ lot just west of N. Main, 14 W. Iowa. This allows the City to control a parking lot on N. Main in this block, but in effect gives visitors TWO lots in this block to park on, as the church is accustomed to “shared use†of the property they own, and would certainly expect “shared use†of the City-owned lot on Sundays. 24-26 Spaces Provided.
VI. Delaware to Columbia – Heavy retail use currently. Plan of action is to support this block from north and south with lots in adjoining blocks.
VII. Columbia to Maryland – 800 N. Main. Gene & Charlotte Warren have agreed to sell this 277’ x 126.5’ property, which gives the City an opportunity to use this block as the connectivity center between N. Main retail and Garvin Park/Bosse Field. With a redesigned entry facing Main Street, the existing 10,554 SF building could be repurposed into a multi-use facility (bike rentals, non-profit offices, retail use, etc.). 20-22 Spaces Provided.
COMBINED PROPERTY PURCHASE SUMMARY REPORT
by J. Cory Mills, CCIM Senior Broker Woodward Commercial Realty, Inc.
GPS search after fatal crash unconstitutional, COA holds
Dave Stafford for www.theindianalawyer.com
The warrantless search of a driver’s global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.
The court reversed denial of a motion to suppress evidence collected from the search of a Garmin GPS device in Christopher Wertz’s vehicle. Wertz lost control of his vehicle and hit a utility pole in September 2011. He was severely injured in a crash that killed passenger Megan Solinski.
Wertz was later charged with Class C felony reckless homicide. After a mistrial, he sought to suppress evidence obtained from the device in a warrantless search in which Garmin International supplied access codes to authorities. The device would have stored information such as Wertz’s route and speed at the time of the crash.
“We conclude Wertz’s GPS device is not a ‘container’ under the automobile exception and that he has a reasonable expectation of privacy in the device and its contents,†Judge Margret Robb wrote for the panel in Christopher Wertz v. State of Indiana, 48A04-1409-CR-427.
“Therefore, the warrantless search of the GPS device violated the Fourth Amendment. We reverse and remand.â€
Wertz moved to suppress the evidence after an initial denial as his retrial approached last year, and shortly after the U.S. Supreme Court ruled in Riley v. California that a warrant was required to search digital information on an arrestee’s cell phone. The trial court denied Wertz’s motion to suppress the GPS evidence in light of that opinion.
“We are not persuaded that a law enforcement officer could rely on binding precedent for the warrantless search of Wertz’s GPS device,” Robb wrote. “… We read Riley only as clarifying that electronic storage devices are not properly treated as containers, not as a new rule of law or as overruling any binding precedent previously allowing for the warrantless search of an electronic device under the automobile exception to the warrant requirement.
“Simply put, there exists no binding precedent allowing for a warrantless search of an electronic device storing historical location data. In the absence of such authority, the general rule is that a warrant is required.â€