Jennifer Nelson for www.theindianalawyer.com

The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.

Ashonta Kenya Jackson was convicted of three counts of Class B felony robbery, one count of Class C felony corrupt business influence, and found to be a habitual offender. Jackson and other men robbed the same Anderson liquor store twice and a bank in October 2013. He received a 63-year executed sentence.

He appealed, arguing insufficient evidence to support his corrupt business influence conviction and his adjudication as a habitual offender. To prove this conviction, the state had to show that Jackson, through a pattern of racketeering activity, knowingly or intentionally acquired or maintained, either directly or indirectly, an interest in or control of U.S. currency from multiple armed robberies, I.C. 35-45-6-2(2). The statute does not expressly include an element of continuing the criminal conduct in the future, which is required under the federal Racketeer Influenced and Corruption Organizations Act.  But the majority, citing Waldon v. State, 829 N.E.2d 168, 176 (Ind. Ct. App. 2005), noted that the Indiana law is patterned after the federal Act.

Since the state did not prove Jackson’s criminal acts posed a threat of continued criminal activity, Judges Edward Najam and Ezra Friedlander reversed the corrupt business influence conviction.

Judge John Baker dissented on this point, noting that the Indiana General Assembly has never elected to adopt the continuity requirement announced in H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 238-39 (1989).

“I believe that to reverse a conviction for failure to prove an element that is nowhere to be found in the statute defining the crime requires us to engraft new words onto a statute. I do not believe it is our place to do so,” he wrote.

The panel unanimously affirmed the denial of Jackson’s request for a change of judge and agreed that the state presented sufficient evidence to support his habitual offender adjudication. But they sent the case back to the trial court to revise the sentencing order to indicate which conviction is enhanced by the habitual offender adjudication.

The case is Ashonta Kenya Jackson v. State of Indiana, 48A02-1409-CR-670.

If shoppers wait for the annual Friends Book Sale in August, they will miss the great deals.  The dates for this year’s sale have moved to June.  The annual sale will take place June 13 and 14 at Washington Square Mall.  Sale hours are Saturday from 10 am to 8 pm and Sunday, noon to 3 pm.

Thousands of books, DVDs, CDs, and audiobooks will be for sale.  Prices for most items range from just 50 cents to $2.  Admission is free, and cash and checks will be accepted.  Shoppers should bring their own bags to carry their purchases.

Proceeds from this event help fund Evansville Vanderburgh Public Library projects and programs.  The Book Sale is the largest fundraiser for the Friends, a committee of the Public Library Foundation, generating over $25,000 each year.

Assessment shows hydraulic fracturing activities have not led to widespread, systemic impacts to drinking water resources and identifies important vulnerabilities to drinking water resources.

WASHINGTON—The Environmental Protection Agency (EPA) is releasing a draft assessment today on the potential impacts of hydraulic fracturing activities on drinking water resources in the United States. The assessment, done at the request of Congress, shows that while hydraulic fracturing activities  in the U.S. are carried out in a way that have not led to widespread, systemic impacts on drinking water resources, there are potential vulnerabilities in the water lifecycle that could impact drinking water. The assessment follows the water used for hydraulic fracturing from water acquisition, chemical mixing at the well pad site, well injection of fracking fluids, the collection of hydraulic fracturing wastewater (including flowback and produced water), and wastewater treatment and disposal [http://www2.epa.gov/hfstudy/hydraulic-fracturing-water-cycle].

“EPA’s draft assessment will give state regulators, tribes and local communities and industry around the country a critical resource to identify how best to protect public health and their drinking water resources,” said Dr. Thomas A. Burke, EPA’s Science Advisor and Deputy Assistant Administrator of EPA’s Office of Research and Development. “It is the most complete compilation of scientific data to date, including over 950 sources of information, published papers, numerous technical reports, information from stakeholders and peer-reviewed EPA scientific reports.”

EPA’s review of data sources available to the agency found specific instances where well integrity and waste water management related to hydraulic fracturing activities impacted drinking water resources, but they were small compared to the large number of hydraulically fractured wells across the country. The report provides valuable information about potential vulnerabilities, some of which are not unique to hydraulic fracturing, to drinking water resources, but was not designed to be a list of documented impacts.

These vulnerabilities to drinking water resources include:

water withdrawals in areas with low water availability;

hydraulic fracturing conducted directly into formations containing drinking water resources;

inadequately cased or cemented wells resulting in below ground migration of gases and liquids;

inadequately treated wastewater discharged into drinking water resources;

and spills of hydraulic fluids and hydraulic fracturing wastewater, including flowback and produced water.

Also released today were nine peer-reviewed EPA scientific reports (www.epa.gov/hfstudy).  These reports were a part of EPA’s overall hydraulic fracturing drinking water study and contributed to the findings outlined in the draft assessment.   Over 20 peer-reviewed articles or reports were published as part of this study [http://www2.epa.gov/hfstudy/published-scientific-papers].

States play a primary role in regulating most natural gas and oil development. EPA’s authority is limited by statutory or regulatory exemptions under the Clean Water Act, Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation and Liability Act, and the Resource Conservation and Recovery Act. Where EPA’s exemptions exist, states may have authority to regulate unconventional oil and gas extraction activities under their own state laws.

EPA’s draft assessment benefited from extensive stakeholder engagement conducted across the country with states, tribes, industry, non-governmental organizations, the scientific community and the public to ensure that the draft assessment reflects current practices in hydraulic fracturing and utilizes all data and information available to the agency.

The study will be finalized after review by the Science Advisory Board and public review and comment. The Federal Register Notice with information on the SAB review and how to comment on the draft assessment will be published on Friday June 5, 2015.