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EPD Activity Report December 9, 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

Evansville Monster Jam® Tickets Now Available

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Feld Motor Sports® announced tickets for the Dairy Queen presents Monster Jam® brought to you by Casey’s General Stores, the world’s premier monster truck series, are now on sale at the Ford Center and surrounding Ticketmaster locations. Monster Jam is revving into Ford Center, January 10-11, 2015. Opening show on Saturday for first time in Evansville market.
Monster Jam® events are affordably priced for the whole family with $20 adult tickets and $8 kid’s tickets (ages 2-12) with a limited amount of $22 Gold Circle and $25 Front Row tickets. Participating Casey’s General Stores are offering a $5 off adult ticket coupons while supplies last. Free Pit Passes, valid for Saturday 11 a.m.-12:30 p.m. ONLY, are available at participating Dairy Queen stores while supplies last. JUST ADDED Sunday, 11 a.m.-12:30 p.m. Pit Party available for purchase. The Party in the Pits gives fans the opportunity to get a view of the massive monster trucks up close and meet the drivers. Pit Passes are available for purchase for $10 adults and kids (ages 2 -12) at the Ford Center Box Office or online at www.ticketmaster.com. Pit pass and an event ticket are required for entry to the Party in the Pits. Saturday, Jan. 10, 2 p.m. event ticket along with Pit Pass required for Saturday entry. Sunday, Jan. 11, 2 p.m. event ticket along with Pit Pass required for Saturday entry.
The Evansville show will feature: Predator®, Prowler®, Heave Hitter driven by Derek Anson, River Rat driven by Steve Snellen, Instigator driven Paul Breaud, and Backdraft driven by Ty Cornelius! All appearances are subject to change without notice. Approximately 12 feet tall and about 12 feet wide, monster trucks are custom-designed machines that sit atop 66-inch-tall tires and weigh a minimum of 10,000 pounds. Built for short, high-powered bursts of speed, monster trucks generate 1,500 to 2,000 horsepower and are capable of speeds of up to 100 miles per hour. Monster trucks can fly up to125 to 130 feet (a distance greater than 14 cars side by side) and up to 35 feet in the air.
Monster Jam® is the most popular monster truck tour, performing to over 4 million fans annually at the most prestigious arenas and stadiums throughout the world. Monster Jam® shows consist of three main fan-favorite elements – the pit party, racing and freestyle.
For more information on Monster Jam, log on to www.MonsterJam.com.

Lloyd Expwy cloverleaf construction lane shift delayed due to weather

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Tomorrow’s Lloyd Expressway traffic shift has been postponed due to recent precipitation and temperatures affecting pavement striping.

Indiana Department of Transportation contractors anticipate phasing in the new traffic pattern late this week as weather permits, beginning no earlier than Thursday, Dec. 11. For updates, follow INDOT on social media at http://facebook.com/INDOTVincennesDistrict or http://twitter.com/INDOTSouthwest.

All S.R. 62/66 Lloyd Expressway lanes near the U.S. 41 interchange will be shifted south to share the existing eastbound pavement. Two narrow lanes will remain open in each direction.

In addition, westbound Lloyd Expressway traffic will temporarily turn left at a traffic signal to access U.S. 41 southbound while the existing loop ramp is rebuilt. Of the two narrow lanes open for westbound Lloyd Expressway, the left lane will be shared between left-turning and through traffic – there will be no dedicated left-turn lane.

Motorists should expect initial delays as drivers get accustomed to the new traffic pattern and added delays that will be ongoing through the winter. INDOT urges drivers to use alternate routes.

About the U.S. 41 & Lloyd Cloverleaf
Over about one year, INDOT contractor Ragle Inc. of Newburgh is reconfiguing the U.S. 41 and Lloyd Expressway interchange into a full-cloverleaf design, which will remove two stoplights from the Lloyd Expressway. INDOT and Evansville Mayor Lloyd Winnecke broke ground on the $19.1 million project earlier this month.

While temperatures, snow and ice do limit the types of work that can be performed, construction will continue this winter as weather permits. Indiana Department of Transportation contractors will remove old pavement and move dirt for the new ramps so they are ready for paving in the spring.

Traffic on U.S. 41, Lloyd Expressway and the ramps connecting the two will be maintained with traffic shifts

COA reverses convictions based on ineffective appellate counsel

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.

Brian Adcock was convicted to two counts each of the felony child molesting and sexual misconduct with a minor in September 2009 after a jury trial. L.P was 20 at the time of the trial when she testified. The child molesting charges were based on incidents that took place when L.P was under 14 years of age in junior high; the sexual misconduct charges relate to when she was in high school.

Adcock directly appealed, but the COA affirmed his convictions, noting Adcock did not challenge the sufficiency of the evidence. He later sought post-conviction relief, contending he received ineffective assistance of trial and appellate counsel. The PCR court denied relief.

In Brian S. Adcock v. State of Indiana, 47A01-1407-PC-283, the COA focused on his appellate counsel claims, which argued his attorney should have challenged the sufficiency of the evidence on all counts. His appellate counsel said they had not considered moving for directed verdicts or challenging the sufficiency of the evidence on appeal, but believed there was in fact insufficient evidence on all the convictions.

When then Court of Appeals looked at the trial record, the judges found it littered with issues. L.P. couldn’t recall whether she was 13 or 14 when Adcock digitally penetrated her vagina. This is important because if she was 14, Adcock would have to have been charged with the less serious crime of Class B felony sexual misconduct of a minor, not Class A felony child molesting.

In addition, any charges against Adcock for sexual misconduct with a minor occurring before May 21, 2003, would have been time-barred by the five year statute of limitations since the state filed its information on May 21, 2008. Again, L.P. could not testify exactly when certain acts occurred on or after May 21, 2003, which would have been at the end of her eighth grade year.

“[W]e conclude appellate counsel, for no apparent strategic or tactical reason, overlooked significant and obvious problems with the sufficiency of the evidence supporting each of Adcock’s convictions. If such arguments had been made, there is more than a reasonable probability that they would have been successful; we would have been required to vacate each of the convictions. And, because those vacations would be based upon insufficient evidence, the State would be precluded by the Double Jeopardy Clause from retrying Adcock,” Judge Michael Barnes wrote. “We also conclude that these sufficiency problems are stronger than the issues appellate counsel actually raised on direct appeal. As such, Adcock received ineffective assistance of appellate counsel as a matter of law, and his convictions must now be vacated.”

IS IT TRUE December 9, 2014

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IS IT TRUE the revelation about the declining TIF revenue due to ONB’s successful challenge of it’s assessment make one thing perfectly clear?…the clarity that came into view this weekend is that the City of Evansville has not sold any of the $20 million in bonds to raise the cash to fund their portion of the hotel project?…as we have previously reported, ONB has also not written a $14 Million check for the worthless naming rights for the Centre?…without regard as to whether HCW has gotten its part of the money in place any activity that may happen at the hotel lot is for theatrical purposes?…the CCO has real doubts however that any bank would actually fund a loan until all of the funding sources were rock solid?…it is now public record that the bonds for the hotel and the IU Medical School have not been sold?…the PR campaign, golden shovel events, and hotel start dates that we as citizens have all been bombarded with has been an orchestration of nonsense?…as the CCO has opined on many occasions, until all of the funding has been notarized and we can see a deposit slip, the hotel is nothing more than a dream for dreamers?…to think that many of the people of Evansville were hoodwinked by former Mayor Weinzapfel’s declaration that “if we build an arena we get a hotel for free” should serve as a good backdrop for the 2015 election cycle?

IS IT TRUE the City County Observer thinks it is really great when elections have a well vetted group of candidates with opposed primaries to allow voters to learn as much as possible about each candidate before November comes calling?…that being the case we are thrilled to see the recent announcements by a new crop of Republican candidates for their party’s nominations for City Council?…we do at this point hope to see other Republicans step up to create a healthy primary for all 9 seats on the City Council?…we would like to see a fully opposed Democrat party primary as well to test the records of any and all sitting council members who choose to run again?…without strong primary challenges we may be faced with another carefully assembled team of cheerleaders for a sitting Mayor like Team Weinzapfel was in the 2007 election?…swearing oaths to a sitting Mayor and promising to support a strong man agenda is what inspired the CCO to do artist renderings of certain City Council members with puppet strings being pulled by former Mayor Weinzapfel?  …we are presently working on a similar artist rendering starring four (4) present members of City Council?  …we surely hope that the recent announcements by Republican candidates does not constitute a collection of puppets that form the nucleus of a Team Winnecke?…regardless of party affiliation Evansville needs cognizant independent thinking on the City Council by people who understand the reality of the financial challenges we are collectively facing?

IS IT TRUE we would like to hear these new candidates opinions on how projects should be vetted?…we would like to hear what these new candidates think about the Earthcare Energy LLC fiasco and how such a thing could possibly happen in a responsible government?…we would like to know if these new candidates recognize the value of having an adaptively updated master plan as opposed to carrying out a flavor of the month development plan?…we would like to know what these new candidates think could jump start the NAVSEA Technology Transfer agreement signed by GAGE in 2008?…we truly would like to see all of the new candidates VET well with respect to knowledge, cognizant ability, and positive intentions?…having a slate of puppets has not worked out well in the past and it will not in the future?…we will choose to be hopeful that is not the case with these new candidates?

IS IT TRUE it was recently disclosed that after six consecutive years of getting an F that Lincoln School will not be taken over by the Indiana State Board of Education?…the CCO was shocked and amazed that six years of failures have resulted in no accountability?…the EVSC has failed the kids at Lincoln and now the SBOE is failing them too?…the only logical conclusion for six years of failure to go without repercussion is that the SBOE either has no solutions and/or is unwilling to assume the responsibility that should come with governance?…it is clear now that the threat of a takeover by the SBOE is a toothless threat?…it seems that the SBOE is like a teacher who is competent at assigning failing grades but completely useless in the classroom?…if this is the best the SBOE can do, we had just as well close the place down?…the kids who attend Lincoln are on their own because the adults in charge locally and at the state level have failed?

IS IT TRUE Sears recently announced losses of $550 million in their flagship brand stores and K-Mart?…their response is to accelerate their current plan of closing losing stores by an additional 100 stores in 2015?…we do not know if the Evansville store is a winner or a loser but the trend for the Sears stores nationwide is downward and the eventual closure is inevitable unless corporate management can implement a plan to compete with younger, smarter, and faster competitors?

IS IT TRUE in what has to be one of the most idiotic lawsuits ever filed in the United States a chimpanzee in New York State had a suit filed on its behalf to be granted rights as though it were a human being?…a judge fortunately denied this idiotic request and kept the chimp status in the animal rights realm where it clearly should be?…we wonder what the taxpayers of New York paid to reaffirm the difference between man and beast?…maybe a Chimp Park is in order in the future?…we already have such a place and it is called The Zoo?

IS IT TRUE with respect to a solution to the demonstrations that followed police interactions that resulted in the deaths of black men in Ferguson, MO and Staten Island there seems to be some fundamental problems that need to be recognized and acknowledged?…Booker T. Washington once said, “there is a certain class of race problem solvers who don’t want the patient to get well, because as long as the disease holds out they have not only an easy means of making a living, but also an easy medium through which to make themselves prominent before the public”?…the year was 1911 and this statement cuts right through much of the clutter and misinformation being spread by charlatans and their enablers in the media today?…we could well use the wisdom and resolve for positive change of leaders like Booker T. Washington in today’s United States of America?

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

TROPICANA ENTERTAINMENT AND CARNIVAL CRUISE LINES FORM STRATEGIC CASINO ALLIANCE

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Tropicana Entertainment, Inc. (NASDAQ: TPCA), one of the most respected names in the gaming industry, and Carnival Cruise Lines, the world’s most popular cruise line, announced today that they have formed an alliance to offer an array of cruise benefits to Trop Advantage® players club members at seven Tropicana-owned casinos in the United States for 2015.
Guests of Tropicana Entertainment’s Atlantic City, NJ; Evansville, IN; Greenville, MS; Laughlin, NJ; and Aruba properties, as well as Belle of Baton Rouge Casino and Montbleu Resort Casino Spa in Lake Tahoe, will be eligible to receive complimentary and discounted Carnival cruises throughout the year aboard Carnival’s 24 ships, based on their level of play.
“We take great pride in giving Trop Advantage players more fun, variety and value than our competitors,” said Tony Rodio, President & Chief Executive Officer of Tropicana Entertainment Inc. “Carnival Cruise Lines shares our commitment to attentive service, delicious food and drink, and exceptional experiences, making this a meaningful partnership that will greatly benefit our players.”
Trop Advantage players club is designed to allow players maximum flexibility in choosing their own rewards. Trop Advantage offers five reward tier levels and the ability to earn and spend comp dollars, receive invitations to special events and take advantage of generous free slot play programs and giveaways. Membership is free and players can join online or at any of Tropicana Entertainment Inc. casinos.
“We are excited to align our Carnival brand with such a progressive, entertainment-oriented organization such as Tropicana Entertainment, said Marty Goldman, Carnival’s Senior Vice President of Global Casino Operations. “We look forward to welcoming Trop Advantage players aboard our ships and providing them with a lifetime of wonderful vacation memories.” Goldman noted that the cruises can be booked through any of Carnival’s reservations channels, including its valued travel agent partners.
Carnival destinations include exotic ports throughout the Caribbean, Bahamas, Mexico, and other destinations.
About Tropicana Entertainment Inc.
Tropicana Entertainment Inc. is a publicly traded company that, through its subsidiaries, owns and operates eight casinos and resorts in Indiana, Louisiana, Mississippi, Nevada, New Jersey and Aruba. Tropicana properties collectively have approximately 6,300 employees, 6,032 rooms, 6,941 slot positions and 217 table games. The company is based in Las Vegas, Nevada. The Company is a majority-owned subsidiary of Icahn Enterprises, L.P. (NASDAQ: IEP)
About Carnival Cruise Lines
Carnival, a unit of Carnival Corporation & plc (NYSE/LSE: CCL; NYSE: CUK), is “The World’s Most Popular Cruise Line®” with 24 ships operating three- to 16-day voyages to The Bahamas, Caribbean, Mexican Riviera, Alaska, Hawaii, Canada, New England, New Zealand and the Pacific Islands . The company’s 25th ship, the 133,500-ton Carnival Vista, is scheduled to enter service in 2016.

IS IT TRUE Indianapolis Publication Speculates “Winnecke for Governor in 2016”

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IS IT TRUE that the Indianapolis publication called “The Cheat Sheet” that speculates on the future of Indiana politics has indicated that Evansville Mayor Lloyd Winnecke may well be a candidate for Governor of Indiana in 2016 in the event that Governor Mike Pence decides not to run for re-election?…you can read the pdf on the following link

The_Cheat_Sheet__for_12-7-2014

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 05, 2014

Kelle Nellis                     Criminal Mischief-Level 6 Felony

Brian Phelps II               Maintaining a Common Nuisance-Level 6 Felony

Jeromy Harlan                 Possession of Methamphetamine-Level 6 Felony

Amiee Hurst                     Dealing in Methamphetamine-Level 4 Felony
Possession of Paraphernalia-Level 6 Felony

Sarah Johnson               Possession of Methamphetamine-Level 6 Felony

Michael Young                Dealing in Methamphetamine-Level 4 Felony
Maintaining a Common Nuisance-Level 6 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

Five Motor Carrier Inspectors Graduate from Academy

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Indianapolis – On Friday, December 5th five new Motor Carrier Inspectors graduated from the Indiana State Police Motor Carrier Inspector School.

The school started on September 29, 2014. Over the course of the school the five graduating members completed seven weeks of classroom training plus two weeks of field training to put the classroom experience into practical application. The primary focus of the training covered Indiana Motor Carrier Laws, Federal Motor Carrier Safety Regulations and how to conduct commercial motor vehicle inspections. Each graduate also received First-Aid training as well as Defensive Tactics, Water Safety and Radio Communication training.

Each graduate will report to their duty station on December 8th to complete 90 days field experience with a Motor Carrier Inspector Field Training Officer (MCI FTO). Once the field training is successfully completed each graduate with have full Motor Carrier Enforcement Authority.

The graduating officers are:

Wanda Clay, a retired Indiana State Police sergeant. Wanda is from Lake County, Indiana and will be assigned to the Lowell District Scales.

Larry Koebcke, a retired Indiana State Police sergeant. Larry is from Porter County, Indiana and will also be assigned to the Lowell District Scales.

Cheri Johnson, from Lake County, Indiana is the third graduate to also be assigned to the Lowell District Scales.

Glen Hatter from, from Madison County and David Snowden, from Vigo County will both be assigned to the Putnamville District to work at the Terre Haute Scale facility.

The attached photo shows the graduates after completing the graduation ceremony. From left to right they are Glen Hatter, Wanda Clay, David Snowden, Cheri Johnson and Larry Koebcke

To learn more about the Commercial Vehicle Enforcement Division of the Indiana State Police, please visit this link: http://www.in.gov/isp/2500.htm

EPD Activity Report December 8, 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