EPD Activity Report
Enhancement affirmed after man exaggerated mental deficits to delay trial
Jennifer Nelson for www.theindianalawyer.com
Although a defendant has a mental disorder, he tried to exaggerate his metal deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.
Anthony Wilbourn’s appeal in United States of America v. Anthony Wilbourn, 13-3610, presents a question the 7th Circuit has yet to address: whether a criminal defendant who by pretending to be mentally incompetent in an effort to delay or derail his prosecution is guilty of an obstruction of justice within Section 3C1.1 of the federal sentencing guidelines.
It’s a question that only three other Circuits have answered, and all –including the 7th Circuit – answered it in the affirmative.
Wilbourn has antisocial personality disorder and was arrested for robbing a bank. His lawyer sought the competency hearing after Wilbourn acted as though he was in a catatonic state when around his lawyer. Wilbourn was evaluated by a psychologist, who found he exaggerated his mental deficits and was competent to stand trial.
Wilbourn claimed he couldn’t read, didn’t know what year it was or what a bank was, but his ex-wife also testified that those claims were lies.
The District judge imposed a two-level sentence enhancement for obstruction of justice after he was convicted, which Wilbourn appealed. He claimed that if exaggerating one’s mental deficits at a competency hearing is deemed obstruction of justice, defendants and their lawyers will be reluctant to request such a hearing even if they have grounds for the request, fearful the judge will decide the defendant is competent and attempted to interfere with the criminal proceeding.
“But that is just to say that when in doubt about the bona fides of the defendant’s behavior at the competence hearing the judge should not find an obstruction of justice,†Judge Richard Posner wrote. “In this case there was no basis for serious doubt that the defendant was deliberately exaggerating his symptoms and by doing so trying to disrupt or at least delay the criminal proceeding, and that he succeeded in delaying his trial by months (though success is not a requirement for imposing an enhancement for obstruction of justice – an attempt will do as well).â€
St Mary’s Closings
Due to the winter road conditions some St. Mary’s locations are closed or are operating on a modified schedule. Patients are encouraged to call ahead to confirm appointments. Reschedules will be offered once the offices reopen.
St. Mary’s locations closed Tuesday:
Sherer Family Medicine
Cardiopulmonary Rehabilitation
Opening at 10am:
Maternal Fetal Medicine (Drs. Kiprono & Yingling)
Partners in Women’s Health (Drs. Melton, Riley, Crutcher, Heather Schroeder, Lannert, Alvey-Perry)
Ohio Valley Heart Care
IS IT TRUE February 17, 2015
IS IT TRUE it looks like the Evansville Department of Metropolitan Development is coming out of a 7 year coma under it’s new leader Kelley Coures, with respect to the McCurdy Hotel?…the City of Evansville is now saber rattling about enforcing fines and code violations unless the current owners (the Kunkel Group) follow through on their promises to start the refurbishment process?…we must all be reminded that the problem that is now in Kunkel’s lap got there through a contorted series of events started by a starry eyed Mayor of Evansville who recruited an out of town developer to take on this task with an oversized public incentive of $800,000 and another $603,000 gift of a parking lot?…let it also be etched in stone that this out of town developer never missed a chance to donate to the campaign fund of that former mayor while missing property tax payments on the McCurdy Hotel?…the historic building after the march of the octogenarians to their new quarters has fallen further and further into disrepair from neglect and vandalism that it may just be that this ship has sailed and it is time to swing the wrecking ball?
IS IT TRUE the same economic forces that have made the financing of the Phantom Convention Hotel impossible thus far are the same forces that have plagued every effort to refurbish the McCurdy Hotel?  .. .the sad reality is that both projects cost more to build than they are worth and private financiers will not touch these projects with a ten foot pole even with a substantial subsidy?  …in the case of the $24 Million Phantom Hotel that is now targeted to cost $36 Million the sad story has played itself out 4 times and is about to have a 5th go around with a dramatically lesser design?  …the McCurdy does not have the luxury of being dumbed down to save money on construction with it’s structural needs, infrastructure requirements, and mold mitigation?  …the reality is that the McCurdy will cost north of $12 Million to refurbish and when it is finished it will only have a value of a fraction of that?  …the only certainty with the McCurdy is that a delusional few years of city governance will be costing the taxpayers of Evansville at least $1,403,000 plus the cost to demolish it should it come to that?  …the McCurdy is a prime example of rubbish for public policy?
IS IT TRUE now that the dust has settled and the fires are out down at Marina Point there are many answers being sought about how the fire got started and who is responsible for all of the property losses that the alleged kicking over of a kerosene heater started? …the one thing that the taxpayers of Evansville can be certain of that will happen is that lawsuits will be filed and insurance investigators will be on the scene?  …let the truth unfold should be the mantra surrounding this unfortunate occurrence?  …it has been reported that the fire that started the rest of the fires is now the subject of a criminal investigation?  …with investigators, police, and lawyers getting into the mix, we hope some truths come out soon?
IS IT TRUE we wonder if the EFD fireman assigned to operate the Fire Boat at Inland Marina fire had  a certified boat operator license?  …the Inland Marina Jon Boat and Fire Boat water nozzles not only can pump many of gallons of water per minutes but also has a 100 foot range?  …we wonder how many gallons water can the EFD Fire Boat pump per minute? …we wonder how many yards can the EFD Fire Boat pump? …if the EFD would had allowed Coast Guard Licensed Boat Captain Ron Riecken to use the Inland Marina Fire Boat and Jon Boat to help fight the boat fires the overall damages would had been substantially less?
IS IT TRUE there is much celebration among some circles about the reduction in the federal budget deficit this year? Â …while it is a fact that the federal deficit has been reduced to half of its high of over $1 Trillion per year, the reality is that we as a country are still borrowing money to make ends meet? Â …we dare our readers to try this for an extended period of time? Â …we also would like to see the amazement on an audience’s faces if a financial planner advised them to borrow money to overspend by 30% and then congratulated them the next year for borrowing half as much to make ends meet?
IS IT TRUE charter high schools like Evansville’s Signature School and Bowling Green’s Gatton Academy routinely send their graduates to elite universities with two years of college credits already earned?  …lower ranked high schools that do not have the luxury of choosing their students routinely graduate students who need two years of remediation to be ready to take for credit freshman classes?  …it is disturbing that such a mental capacity differential can exist between graduates of public schools? …graduating seniors that can’t fill out a job application because of abysmal reading skills, show up for appointments on time, or balance a check book are prepared to do nothing but be a drain on society for the rest of their lives unless they right their own course?  …Morton Marcus was right in his weekly column that the best place to invest in training is at the high school level and that should extend to young adults who graduated from high school with no life skills whatsoever?
Please take time and vote in todays “Readers Pollâ€Copyright 2015       City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Vanderburgh County Recent Booking Records
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
Winter Storm to Impact Southern Indiana; Residents Urged to Prepare Now
In partnership with the Indiana Department of Homeland Security the Indiana State Police is sharing this important weather related message.
A winter storm is expected to disrupt travel in southern Indiana this evening into Monday. Public safety agencies, including county emergency management agencies and the Indiana Department of Homeland Security are urging residents to prepare now for heavy snow and cold temperatures.
The National Weather Service predicts 4-8 inches of snow is possible for areas across southern Indiana. The heaviest snow is expected overnight into Monday, and will make commuting in the morning difficult.
TravelÂ
Heavy snowfall and windy conditions will make travel hazardous this evening through Monday. Hoosiers should carefully consider if travel is necessary during this time. Use a variety of sources to make an informed decision.
One of those sources is the Indiana County Travel Advisory Map. It’s updated with information from the county emergency management agencies and describes the conditions for a travel warning, watch, advisory and caution.
The map is available online at http://www.in.gov/dhs/traveladvisory/, or on a mobile device by downloading the Indiana Travel Advisory app for iPhone (https://appsto.re/us/QHVw4.i) in the App Store, and Android (https://play.google.com/store/apps/details?id=gov.in.traveladvisory) in the Google Play Store.
Keep an eye on road conditions and closures across the state using the Indiana Department of Transportation’s TrafficWise service at trafficwise.in.gov.
In addition to these tools, stay aware of changing travel conditions by monitoring the local news, travel, weather and trusted social media sites and apps.
If travel is necessary, let someone know the planned route, expected time of arrival and contact information. Charge cell phones before leaving. Pack essential items such as high protein snacks, water, first aid kit, flashlight, warm blankets, extra prescription medications and important documents or information that might be needed during an emergency.
Have a PlanÂ
Strong winds may cause power outages. Residents should charge cell phones, laptops, and other devices now. Other items that should be gathered ahead of time include:
• Food and water for three days (includes three gallons of water per person, per day)
• Battery operated or hand crank all hazards radio
• Flashlight
• Extra batteries for radio and flashlight
• Extra clothing, warm blankets, sleeping bags for staying warm in your home if you lose power
• Special items (baby formula, insulin, medications)
Families should also take the time to check with neighbors and see if there’s anything they can do for each other before, during or after the storm.
Remaining in Stranded Vehicle Generally Safest Option; Continue to Wear Seat Belts
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671
In partnership with the Indiana Department of Homeland Security the Indiana State Police is sharing this important weather related message.
With difficult travel expected in southern Indiana from Sunday night into Monday, motorists should consider if travel is necessary and prepare accordingly.
If travelers are involved in a crash or slide-off, encounter vehicle trouble, become stuck in the snow or otherwise have to stop during a car trip, it’s important to stay calm and remain in the vehicle. A vehicle is nearly always the best protection stranded motorists have from the wind and snow. Continue wearing seat belts, which can offer protection in the event of a collision after becoming stranded.
Drifting snow can make it difficult for other drivers to see anyone standing on or near roads. Leave traffic direction and other assistance to public safety professionals. “Certainly, if it’s a life-threatening situation, someone may need help,” said John Erickson with IDHS. “In general, however, it’s best to stay with your vehicle.”
Below freezing temperatures and the wind can create a dangerous situation where frostbite can occur in about 30 minutes or less. Stay in the vehicle and run the engine every hour for about 10 minutes to stay warm. Make sure the tailpipe is clear of snow or other blockage before running the engine to avoid carbon monoxide poisoning. Turn the headlights on when running the engine, so the vehicle can be seen.
Only leave a stranded vehicle if there is better shelter nearby that can be reached safely.
Drivers should slow down and move over for stranded motorists as well as emergency vehicles and snow plows.