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IS IT TRUE December 31, 2014

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IS IT TRUE we look forward to Evansville Police Chief Billy Bolin to releasing the following reports for public review and discussion?  …the reports are:  the 2014 Uniform Crime report sent to the FBI and the 2014 Arrest records for the “Gang Unit” ?

IS IT TRUE another year has come to an end and this one has turned out to be filled with surprises some of which are welcomed, others were unwanted while yet others are those that come with both good and bad?…some of the surprises are still unfolding?…all of that aside we do wish all of our readers a Happy New Year and predict that with what is going to be a hotly contested City election that 2015 will once again be a year of record traffic for the City County Observer?

IS IT TRUE one of the unwelcome surprises at the CCO this year was the cyber attack upon our website that kept us dark on and off for the better part of a month preventing us from crossing the 2 million page views milestone?…another unwelcome surprise in the City of Evansville was the continued escalation of gunshots that crossed the 800 threshold just this month?…we realize that many of us grew up without the knowledge that Evansville crime rates are too high to be consistent with our false sense of security, but for Evansville to have to admit to over two shootings per day was an awakening for anyone who ever bought into that “great place to raise kids” propaganda campaign?…as predictable as it was, it is an unwelcome surprise that the golden shovel celebrations to commemorate the start of construction at the downtown hotel lot were all just a big theatrical production designed to deceive the public?…the reality is that a good deal with unreliable partners on any endeavor is not a good deal and the chickens came home to roost on this pipe dream in 2014?

IS IT TRUEa very welcome surprise in 2014 that literally no one would have predicted was that gasoline would be under $2 per gallon by now?…the retail price of gasoline more than anything else is a barometer for the comfort of the American consumer when it comes to spending money?…all of you who got or gave little extra this holiday season can probably chalk that up to the exuberance of $2 gas?…the thing that drove gas prices down as it turns out is just the good ole supply and demand equation that we were taught about in high school?…our demand has gone down due to more efficient cars and the habits that came from recession?…the supply has been increased because the United States energy industry has developed new techniques like shale oil extraction and fracking?…this is something that is cyclical so we had better enjoy it while it lasts because it never has lasted before?

IS IT TRUE the unintended consequence of cheap gas are just starting to unfold with massive numbers of layoffs in the energy states of Texas, Alaska, and North Dakota?…a second order effect has recently happened across the river in Kentucky with the closure of two coal mines that were opened less than 10 years ago with golden shovels and visits from the Governor?…other unintended consequences are the destabilization of some oil republics like Venezuela and Russia?…some are even saying the CIA is behind this to cripple Putin but we say this is just a supply side driven gift to consumers that energy consortiums took from themselves?…the long view is not being taken by consumers though as big SUVs and gas guzzling pickup trucks are selling like hotcakes and electric cars, public transportation, and renewable energy are begging for business?…this pendulum will swing again as it has in the past and those who are peeing their money away on $60,000 gas guzzlers today will be the first ones crying when we reach $4 a gallon again?…then those gas guzzlers will be on the used car market for under $20,000?…the attention span of the public seems to be getting shorter and shorter?

IS IT TRUE going forward in the new year, what Evansville really needs to get a handle on is the difference in needs and wants?…we need to repair our sewers, roads, water pipes, and sidewalks?…our leaders seem to want things like a hotel, parks of all types, and an Evansville Reserve Bank with a printing press to pay for all of these wants?…they even want these playthings bad enough to ignore our real needs?…fiscal responsibility will hopefully be the central issue in the 2015 city elections as without it we can never afford the things we need which will blunt every effort to splurge on what we want?…we also need to calibrate exactly what the collective wants are because it really seems like the elected leaders have lost touch with reality?…we do wish you all a great 2015 and will continue to expose instances of bad public policy as we see them?

Please take time and vote in todays “Readers Poll”.

Copyright 2014 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

BREAKING NEWS: CITY COUNTY OBSERVER OFFERS A BREAKING NEWS TIP TO LOCAL MAIN STREAM MEDIA

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IS IT TRUE that the Evansville Police Department, Vanderburgh County Sheriff’s Department and Federal Bureau of Investigations made arrests yesterday, breaking the possible illegal activities of major theft ring that had allegedly stoled new Bobcat and Kubota and other construction equipment estimated value between $750,000 to $1,000,000?  … that the local undercover investigation has been going on for approximately 6 months?  … that members of this alleged theft ring are both local and as far away as St. Louis, Missouri and North Carolina?  …that one of the jailed suspects, who is from Vanderburgh County, now sits in a North Carolina jail,  when he allegedly shipped some stolen construction equipment to that area? …that yesterday that some of the brand new construction equipment was found in several enclosed Trailers and included Backhoes, Skid Steers and End-Loaders in a remote area of Vanderburgh County? …that the other member of this alleged theft ring was taken to the Vanderburgh County jail for official booking and than released?

IS IT TRUE that the 3.5 employees of the City County Observer are enjoying the holiday for the rest of 2014 and offer this information to the area Main Stream Media to sort out over the next couple of days? …we know that the local Main Stream Media monitors the City County Observer daily for breaking news and we are glad to pass this information as our New Years gift to them?

…the City County Observer wishes our friend of the local Main Stream Media  a happy and prosperous 2015?

Please take time and vote in todays “Readers Poll”.

Copyright 2014 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Vanderburgh County Recent Booking Records

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

http://www.vanderburghsheriff.com/recent-booking-records.aspx

EPD Activity Report December 30, 2014

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

EPD Activity Report

COA finds double-jeopardy violations in conviction of former secretary of state

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Marilyn Odendahl for www.theindianalawyer.com

Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.

White raised several arguments on appeal, including insufficient evidence, errors in jury instructions, prosecutorial misconduct and ineffective counsel. However, he was most successful on the claims he did not raise.

The Court of Appeals found two double-jeopardy violations. It noted White did not make these arguments on appeal but the court was raising the issue sua sponte because a double-jeopardy violation implicates fundamental rights.

The 55-page opinion in Charles P. White v. State of Indiana, 29A05-1312-PC-641, was written by Chief Judge Nancy Vaidik and was unanimous.

Specifically, the Court of Appeals concluded White was convicted and punished twice for making a false statement regarding his address on his voter registration. Also, he was convicted and punished twice for voting in the wrong township during the May 2010 primary election. It reversed one conviction for perjury and one conviction for voting in the wrong precinct and remanded to the trial court to vacate the convictions.

In the footnotes of its 55-page opinion, the Court of Appeals highlighted problem areas in the state statute and recommended the Legislature amend.

First, it pointed to Indiana Code 3-14-3-1.1(1) which requires the individual submit multiple materially false, fictitious or fraudulent applications. White contended that to violate the statute, an individual would have to turn in several applications. The state argued that interpreting the statutes to require more than one application would lead to absurd results and excuse a legitimate instance of voter fraud.

The Court of Appeals noted the code is written in the plural and nudged the Legislature to amend the language.

Second, the Court of Appeals recommended the Legislature examine I.C. 3-5-2-3 which regulates paper ballots, ballot cards or ballot labels. White asserted the statute does not apply in his case because he used electronic voting, and even the state conceded the statute does not account for new voting technology.

The Court of Appeals held that since electronic voting systems will be used increasingly in the future, the Legislature should amend the statute’s definition of “ballot” to be more inclusive.

The Court of Appeals reversed White’s perjury conviction for putting the wrong address on his marriage license application. The Court found his street address was not material to the application. However, the appellate court pointed out that supplying false information to the Circuit Court clerk when applying for a marriage license is a felony. It hinted the conviction might have stood if White had been charged with furnishing false information instead of perjury.

The Court of Appeals affirmed White’s other convictions for perjury, voting in the wrong precinct and theft. It also concluded White’s attorney, Carl Brizzi, was not ineffective.

Point of Schools isn’t more Testing

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Let’s go deep for a second: What’s the point of data?

Imagine you’re a runner trying to beat your personal record in the mile. Is the point to get a better time or to actually run faster? Is the elapsed time the point of running, or is the real goal to run faster, to be stronger, to increase your endurance?

Don’t like sports metaphors? Fine. You’ve got a rib roast in the oven. Is it done because the meat thermometer reads 135 degrees? When your family chows down, does anyone congratulate the cook on the perfect thermometer reading or because the meat is tender, pink, juicy, and making me hungry as I write this?

So I put it to you again: What’s the point of data? We can treasure the marks on the door jam that inch up over the years, but the importance is in the growth of a child. You might think that in these cases the data and the actual result are the same, a difference without a distinction. And in that, you would fit right in with the data-driven education reformers these days who think test scores are the same thing as an education.

Let’s assume for the sake of the argument that the test scores are valid measures of classroom learning, something that the American Statistical Association has cautioned against. Last April, the ASA said “teachers account for about 1 percent to 14 percent of the variability in test scores” and that standardized testing should never be used as a tool to hold schools accountable. Basically, using test scores to gauge what happens in a classroom is like using that meat thermometer to measure how fast you ran a mile.

But no matter. Let’s assume that standardized tests are effective diagnostic tools. Let’s assume that the test scores we’ve been getting since No Child Left Behind and now with Common Core are producing useful, actionable information showing that poor, minority students do worse than wealthier, white students. Let’s also assume that the scores show that when you give the minority kids more help (funding, tutoring, better teachers and facilities) that their scores go up.

What do we do with that? What is the point of this data?

To many, the answer is more testing. And because they’re testing darn near every child in America in most core subjects, now education reformers are going after the K in K-12. The Education Commission of the States says kindergarteners are now being given standardized tests in 25 states as well as the District of Columbia to measure whether they are ready for the rigor of crayons, naptime, and singing the alphabet song.

These tests aren’t kid stuff, either. In Maryland, where teachers are asking for the state to suspend the tests, the average kindergartener takes more than 1 hour and 25 minutes to complete the tests. Teachers report that students don’t understand that they’re being tested to measure what they don’t know. When these 5-year-olds don’t know an answer, they think they’re stupid. We’re talking oceans of tears here.

Remind me what the point of the tests is? To one state education official, the tests “will help improve early education,” which confuses things further. Remember, the thermometer doesn’t cook the meat.

So let’s go back to the original question: What is the point of data? With standardized tests, the point was supposed to be to diagnose which schools and students needed extra help. At least, that’s how they sold it to Dallas schools in the 1980s, then Texas schools in the 1990s, and then the whole country with No Child Left Behind.

But at some point, shouldn’t we remember what the data is for—and act on it? The point of data is to give us a reading, a measurement. And we’re spending hundreds of millions of dollars a year to give us the same answer: Poor, minority children need help.

Some people think the answer is more charter schools and vouchers to go to private school. I think the answer is prenatal care, pre-K education, and summer school. But the answer sure as heck isn’t more testing.

The point of data isn’t data.

—–

© Copyright 2014 Jason Stanford, distributed exclusively by Cagle Cartoons newspaper syndicate.

Jason Stanford is a regular contributor to the Austin American-Statesman, a Democratic consultant and a Truman National Security Project partner. You can email him at stanford@oppresearch.com and follow him on Twitter @JasStanford.

IS IT TRUE December 30, 2014

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IS IT TRUE WHEN THE PEOPLE FEAR THE GOVERNMENT THERE IS TYRANNY? …WHEN THE GOVERNMENT FEARS THE PEOPLE THERE IS LIBERTY?

IS IT TRUE the City of Evansville has seen two long time businesses close down over the holiday season?…the first closure announced was Raffi’s Restaurant which has been a favorite of the City County Observer and it’s contributors forever?…the closure of Raffi’s is particularly hard to take because Raffi Manna is the prototype of the kind of person that Evansville needs to have coming to town to start a business and become a member of the community?…it is also disturbing because Raffi’s is in a recently annexed Eastside area to the City of Evansville? …the  City has failed to help mitigate the problem of fires in the medians and to install the streetlights that the City promised to install during the annexation process?…in some pro-business circles it will be forever believed that the City of Evansville contributed to the decision to close Raffi’s?

IS IT TRUE the other business that was abruptly closed was the Clarion Inn at the intersection of Highway 41 and Lynch Road?…we have no direct knowledge of why the owners of this hotel decided to lock the doors but in cases like this it is often due to lack of demand?…to have a hotel close over lack of demand at a time that city government is turning backflips and “fighting like the dickens” to give away $20 Million taxpayer dollars to subsidize a downtown convention hotel defies logic?…we have to wonder given the fact that every real business person of knowledge has stated that the downtown hotel should not exceed 150 rooms while the $105,000 city funded consultant confirmed the Mayor’s desire of needing 240 rooms or bust just who is right, those who invest or those who advise politicians?…this certainly confirms the power of money and the infatuation of delusional people with silliness?…the only real truth regarding the downtown hotel is supply and demand?…most knowledgeable people have offered the opinion that the demand for 240 rooms is not there with or without the Ford Center and The Centre?

IS IT TRUE the Winnecke Administration must be listening to the CCO as they have wasted little time in creating a new dream of a two building hotel complex of 5 stories each to replace the 10 story building that is over budget and presumably not capable of being funded?…there is an old rule in construction regarding multiple story buildings and that is the fact that going up costs less than going out?…we wonder just how close to the Motel 6 look these twin phantom buildings are envisioned to be?…as we opined yesterday, if one wants to cut the cost, first get rid of the PLA, then downsize the project to 150 rooms so some real hospitality people will expect success?…this is not rocket science but it is crony capitalism and therein lies the problem with the downtown convention hotel dreams?…at least the backhoe that was placed on the lot for theatrical purposes has gone back to wherever it came from?

IS IT TRUE the shooters of Evansville have nearly ended this year of violence and we have a record of over 800 gunshots reported in the City in 2014?…many of those shots were fired in legitimate walking distance from The Centre?…the corner of Walnut and Kentucky has nearly turned into Evansville’s version of the shootout at the OK Corral with something violent happening nearly every weekend?…the hinterlands are not immune to criminals either as the Habitat for Humanity store just across the Warrick County line was robbed on Christmas?…if this does not sound like the place where the Chamber and it’s parrots describe as a “great place to raise kids” and having a “high quality of life”, that is because it is not?…maybe at one time it was but at this point in time that is not the case?…when it becomes a child rearing paradise again if it ever does, maybe there will be a demand for a downtown convention hotel and the young educated professionals that we so crave will want to live here?

IS IT TRUE Evansville has 10,000 homes that are either abandoned or in an advanced state of dilapidation?…that is about one for every 10 adults?…Detroit has 80,000 homes that are either abandoned or in an advanced state of dilapidation?…that is about one for every 10 residents of Detroit?…there are other parallels but we are feeling nice today and will save the other direct parallels with Detroit for the election of 2015?

Please take time and vote in todays “Readers Poll”.

Copyright 2014 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

VANDERBURGH COUNTY FELONY CHARGES

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

 

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, December 26, 2014

Gregory Wayne Young              Dealing in Marijuana-Level 5 Felony

Maintaining a Common Nuisance-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Jerri Wayne Owsley                    Theft-Level 6 Felony

Possession of Marijuana-Class B Misdemeanor

Michael Deandre Lowery           Domestic Battery-Level 6 Felony

Corey Amond Wharton       Criminal Confinement-Level 3 Felony

Intimidation-Level 5 Felony

Domestic Battery-Level 6 Felony

Interference with the Reporting of a Crime-Class A Misdemeanor

Benjamin Coudret                    Battery Against a Public Safety Official-Level 6 Felony

Battery-Class B Misdemeanor

Battery-Class B Misdemeanor

Rayven Crook                       Burglary-Level 4 Felony

Theft-Level 6 Felony

Bryan W. Henard                      Battery With Moderate Bodily Injury-Level 6 Felony

Evan Pund                                      Burglary-Level 5 Felony

Fraud on a Financial Institution-Level 5 Felony

Theft-Level 6 Felony

Forgery-Level 6 Felony

Adam Purl                                    Theft-Level 6 Felony

Mark Sinclair                          Intimidation-Level 5 Felony

Darrell L. Wetzel                        Theft-Level 6 Felony

Justin M. Blair                         Possession of Methamphetamine-Level 6 Felony

Legend Drug Deception-Level 6 Felony

Unlawful Possession of Syringe-Level 6 Felony

Wyatt Goodman                   Attempted Residential Entry-Level 6 Felony

Possession of a Controlled Substance-Class A Misdemeanor

Benjamin Mayfield                   Operating a Vehicle with ACE of .15 or more-Level 6 Felony

Scott Morgan                              Possession of Methamphetamine-Level 6 Felony

Possession of Paraphernalia-a Class A Misdemeanor

Possession of a Synthetic Drug or Synthetic Drug Lookalike Substance-

Class A Misdemeanor

Possession of Marijuana-a Class B Misdemeanor

Ashley Nett                          Possession of Methamphetamine-Level 6 Felony

Possession of Paraphernalia-a Class A Misdemeanor

Khiry Waddell                   Attempted Burglary-Level 2 Felony

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law

Safe Ride For 2014 With Help of Woods & Woods

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“Drunk driving isn’t an accident; it’s a decision that’s made without concern for the safety and well-being of others. Make one New Year’s Eve resolution early – don’t drink and drive.” – Mike Woods, Lawyer

Designating a sober driver has never been easier thanks to the Safe Night Cab Ride Program sponsored by Woods & Woods Injury Lawyers. Entering its 17th year of service, the program provides free cab rides home for those who have been drinking or who don’t feel they have a safe way home this New Year’s Eve.

Need a ride? Here’s How
Safe Ride will be available in Evansville and Newburgh, Indiana from 11 p.m. on Wednesday, December 31, 2014 through 4 a.m. on Thursday, January 1, 2015.

To request a free cab ride home in Evansville or Newburgh, call Unity Taxi at (812) 421-9999 and tell them Woods & Woods Injury Lawyers is picking up the tab. Please remember:

Cab rides are provided to adults who otherwise might attempt to drive home after drinking. People MUST call Unity Taxi and mention the Safe Ride program to get a free ride home.
Cab rides are provided from a bar or restaurant to an individual’s residence – not to other drinking locations.
Due to the high number of ride requests on New Year’s Eve, rides cannot be guaranteed to everyone who calls; however, every attempt will be made to accommodate all requests.

About Woods & Woods
Based in Evansville, Indiana, Woods & Woods Injury Lawyers is a family-operated law firm dedicated to presenting the rights of individuals injured or disabled by the negligent conduct of others. Since its establishment in 1985, Woods & Woods lawyers and staff members have actively participated in the well-being of the community through many projects and by annually sponsoring the Safe Ride program. Visit WoodsLawyers.com to learn more.

Two Drivers Injured during Overnight Head-On Crash

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

On Sunday, December 28th, 2014 at 10:03 PM, the Vanderburgh County Sheriff’s Office responded to 3730 S. Posey County Line Rd. in reference to a motor vehicle crash with injuries Upon arrival, deputies located two vehicles, a passenger car and a sport utility vehicle, with heavy front end damage. The preliminary crash investigation concluded that the sport utility vehicle was South on Posey County Line Rd, while the passenger car was headed North. Both vehicles simultaneously crested the hill at 3730 S Posey County Line Rd. and collided head-on. Air bags deployed in both vehicles.

The Perry Township Volunteer Fire Department responded to the scene along with deputies. The driver and three passengers in the sport utility vehicle were juveniles. All of the juveniles were transported to Deaconess Hospital via AMR with complaints of pain. The driver of the passenger car had to be extricated from the driver’s seat. Once the driver was extricated he was transported to Deaconess Hospital via AMR. It was later determined that the driver had fractures in both femurs. The crash resulted in no life-threatening injuries.

The roadway was closed for approximately two hours. Toxicology tests were later performed on both drivers at Deaconess Hospital in accordance with state law and sheriff’s office policy. The results of the toxicology tests are pending, however, alcohol and drugs are not suspected to be a factor in the crash.

Driver #1:
Juvenile Male, 16, Evansville, IN

Driver #2:
David Schonabaum, 22, Evansville, IN

 

 

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