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IS IT TRUE November 26, 2014

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IS IT TRUE that the people of Evansville have now been treated to yet another press release announcing that the construction on Evansville’s downtown convention hotel officially begins Tuesday, December 2, 2014?…by start of construction this time around it means that some of the equipment that will be used to build the hotel will be delivered to the construction site that day?…if we knew that placing equipment on the lot constituted starting construction Mayor Weinzapfel could have cemented a shovel into the ground 78 months ago and proclaimed construction to have started and saved us all of the drama of 5 announcements?…once the equipment, whatever that means is put on the dirt, workers will then begin preparing the site and getting it ready for the actual construction by putting up new fencing to keep people from stealing or destroying the equipment?…it is ironic that the date given that would be too late to start construction was early December?…if that prior announcement was true, and we have no reason to believe it is, then real work will start in March or April when the weather starts to cooperate?…the reality remains that without a check for $14 Million from Old National, a $20 Million bond issue by the City of Evansville, and a total of $37.6 Million in loans and cash from HCW of Branson, Missouri, NO REAL CONSTRUCTION WILL BE STARTING?…we of course will be treated to a couple of dozen puff press releases to trick the people of Evansville into thinking life is grand in downtown Evansville?

IS IT TRUE that for the 6th year in a row the oversight of design in the Ford Center that has an insufficient amount of storage to accommodate even the smallest events is going to cause the performing animals in the Hadi Shrine Circus to seek accommodations elsewhere?…we just gotta wonder, where the tigers, lions, and elephants are going to sleep with no storage shed to house them?…with no room at the Tiger Inn, hardship once again is visited upon the poor animals of the circus?…perhaps we can get a rendition of “Eye of the Tiger” on the PA system to commemorate the event?

IS IT TRUE it has been confirmed that the two sets of bonds floated to get the money to put in the Johnson Controls smart water meters were bought by none other than the City of Evansville Bond Bank?…we wonder if the Bond Bank was used to avoid the reality of dealing with the negative trending bond rating that the City of Evansville had attached to its AA- rating?…we also are interested to know just where the Evansville Bond Bank gets its money and how long it intends to hold those bonds that it bought?…there is always the possibility that the Evansville Bond Bank could have sold the bonds at a discount to get some cash back to do another sneaky deal?… it is even possible that Johnson Controls could have bought the bonds back in a 3 way transaction designed to enhance their bottom line?…we think if Missy Mosby and Jonathan Weaver’s generous scheme to have the City of Evansville be the bank for the 6,000 poor souls caught in Duckworth’s Pipe Trap could be financed by another 3 way transaction utilizing the Bond Bank?…this is a real web of trickiness with little transparency associated with it?

IS IT TRUE with the whole country smarting from the rioting in the streets of Ferguson, Missouri, it is appropriate to raise some issues about the chain of injustice that was unleashed again just as it was after the Rodney King verdict in Los Angeles in 1992?…this writer remembers that very well as my child was in the hospital in Westwood which came under attack by the mob in the street during her time in care?…of course Michael Brown and Officer Darren Wilson have both paid a high price for what started with the theft of cigars?…Michael Brown lost his life through a series of bad decisions and Officer Wilson’s life will be negatively altered forever as well?…nothing much has been said about the merchants of Ferguson who have seen dozens of properties burned to the ground and looted by a mob in the street reacting to a verdict from a grand jury they do not agree with?…the Brown family, President Obama, and many others called for non-violence but those calls went unheeded?…cameras have recorded individuals screaming “burn this bitch down” and other violence promoting slogans?…those who used this opportunity to loot, burn, and destroy private property should be prosecuted to the full extent of the law for the losses incurred by business owners in Ferguson, for the loss of property values from the actions of the mob, and for increased insurance premiums precipitated by the senseless violence?…can we ever learn that 10,000 wrongs do not make a right?…thus far nothing good has come from the incidents in Ferguson?…the CCO hopes that maybe this time we will learn the lessons of Gandhi and Dr. King and cease this nonsense, even when teenagers and law enforcement officers are alleged to have made mistakes?

Wreath Is Part Of New Traditions For Statehouse Christmas Celebration

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – The first sign that Christmas at the Statehouse would be a little different this year came last week when workers hoisted an enormous wreath up into the rotunda, suspended under the stained glass by wires from balconies on either side.

A wreath created by the Friends of the Archive hangs in the Statehouse rotunda. It’s one of the changes lady Karen Pence is bringing to the annual Statehouse celebration.

A wreath created by the Friends of the Archive hangs in the Statehouse rotunda. It’s one of the changes lady Karen Pence is bringing to the annual Statehouse celebration. Photo by Lesley Weidenbener, TheStatehouseFile.com
That’s the spot under which a 25-foot tree typically sits. Last year, it was a Colorado blue spruce, donated by Egolf Christmas Tree Farm and the Indiana Christmas Tree Growers Association.

But this year, first lady Karen Pence decided to shake things up a bit. The rotunda will have a total of seven Christmas trees – plus the wreath, which was created and donated by the Friends of the Archive. And students won’t bring premade ornaments to hang and leave at the Statehouse. They’ll actually make ornaments on site and take them home to their own trees.

“Last year, a little boy about to hang his ornament on the Statehouse tree exclaimed, ‘I don’t want to hang my ornament on the tree. I want to take it home.’’ Karen Pence said. “This prompted me to think of a way we could further engage the children that will brighten their experience and memories.”

The celebration – an annual tradition for elementary students from all over the state – kicks off Dec. 5. By then, one larger tree will be in the center, under the dome and the wreath, and six more – representing Grades K-5 – will be spread throughout the rotunda.

Students will visit stations to craft their own ornaments.

“As a ceremony finale, the small trees will be lighted by individual students representing each grade level,” Pence said. “The large tree will be lighted by the governor and myself.”

The event will include several traditions, including a visit from Santa, the governor reading The Night Before Christmas, and holiday music from schools around Indiana.

Lesley Weidenbener is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.

EPD Activity Report November 25, 2014

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EPD Media Report

Commentary: John Boehner’s Collection Of Fine Whines

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By John Krull
TheStatehouseFile.com

INDIANAPOLIS – Just after President Obama announced that he was reforming America’s immigration policy through executive order, House Speaker John Boehner, R-Ohio, let loose a wail.

Boehner said Obama’s action made comprehensive immigration reform through congressional action much harder to achieve. He also called the president’s action illegal.

A Boehner spokesperson went even further, calling the president “Emperor Obama.” And other Republicans – including Indiana Gov. Mike Pence – have threatened to sue to overturn the president’s order.

Column by John KrullA lawsuit would be a brilliant political move for the GOP. Nothing says “family values” quite like going to court to separate children from their parents during the holiday season.

And, by trying to deport parents of children who are U.S. citizens, that is exactly what Republicans would be doing.

As for the “Emperor Obama” nonsense: Well, as president, Barack Obama is the chief law enforcement official for the United States and prosecutorial discretion is a well-established legal principle.

More to the point, Obama has used executive orders less often than any president going back to Chester Arthur. Ronald Reagan issued 50 percent more of them than Obama. And Calvin Coolidge – now often cited by small-government conservatives as a model of presidential self-restraint – issued seven times as many executive orders as this president has.

Then there’s the silliness of Boehner’s complaint that the president has made immigration reform much more difficult.

How, pray tell?

What legislative power did the House Speaker have at the beginning before the president spoke that he does not have now?

What, given that Senate already has passed a bipartisan immigration reform package that the president has endorsed, other than Boehner’s own fear that he’ll lose support with House Republicans has stopped and continues to stop him from acting?

The reality is that there is nothing preventing John Boehner and other enraged Republicans from dealing with immigration other than their determination to place their short-term political goals above the long-term interests of their party – and, yes, the nation.

The fact that Boehner and his howling chorus are behaving like school kids isn’t the only thing that’s tiresome about this episode.

It’s that they don’t even behave like smart school kids.

Ever since Barack Obama was elected president six years ago, Republicans have said, over and over again, they wanted to “take him on” and “fight him every inch of the way.”

Incoming Senate Majority Leader Mitch McConnell, R-Kentucky, famously said that his caucus’s highest priority wasn’t national security, job creation or improving education, but making sure that Barack Obama was a one-term president.

Along the way, they’ve called the president of the United States – aka “Emperor Obama” – everything but a child of God.

Most school children know that, if you run around the playground calling another kid names, screaming that you want to fight and pushing him every chance you get, there’s a chance he’ll swing back.

That’s just what happened here.

After getting beat up in the mid-term elections, Barack Obama finally figured out that Republicans don’t like him, won’t work with him and intend to keep pushing him. So, he hit the Republicans right in the mouth.

And, surprise, surprise, Boehner and his GOP boutique brawlers have discovered two things that generations of school kids learned much earlier in life.

Fighting involves getting hit as well as hitting the other guy – and getting hit isn’t much fun.

That’s why smart school kids tend to fight only when there’s no other option.

Given that Boehner, McConnell and the other Republican marshmallow maulers seem to have skipped over that important lesson about settling their differences like school kids, I’ll help them out with this little bit of advice.

Whining only makes it worse.

It’s not only undignified, but it just tells the other guy how and where to hit you so it hurts the most.

John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Pelath In Good Position To Lead Otherwise Powerless Minority

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By Lesley Weidenbener
TheStatehosueFile.com

INDIANAPOLIS – House Minority Leader Scott Pelath had a message for the business leaders, reporters and political leaders gathered last week for a preview of the 2015 legislative session.

“I’m fine.”

The Michigan City Democrat said he appreciated the expressions of concern he’d received from friends and Statehouse observers since Republicans nabbed a couple more House districts and strengthened their majority to 71 of 100 seats in the chamber.

Pelath had acknowledged the losses were setbacks. But a couple weeks after the election, he was clearly ready to move on – and wanted others to stop dwelling on it as well.

“Enough of that, OK,” Pelath said with a laugh that conveyed he was only partly joking. “I’ve been through a lot of elections. Some go well, some go not exactly how you want. Sometimes you have the wind at your back, sometimes it’s in your face. You always fight to provide alternatives so that people have a choice.”

Pelath told the crowd that he would not “sulk over the short term” and will instead take a long-term view of the role of the Democratic caucus and its efforts to return to the majority in the House.

The latter could take a long, long time, unless Republicans make some pretty bad decisions that truly anger voters. But the Democrats’ role in the short term will be – as Pelath points out – truly important.

Although the Democrats don’t have even enough seats to prevent the GOP from having a quorum to do business, they can still be effective – if they pick their spots.

Earlier this year, Democrats combined with more moderate Republicans to strip a ban on same-sex civil unions out of a proposed constitutional amendment banning gay marriage. The move restarted the constitutional amendment process, which prevented the proposal from going on the ballot this past election.

And Democrats are likely to be influential in an upcoming debate about school funding as well. There’s no doubt the school districts they represent will be among the hardest hit by changes Republicans want to make in the way education money is distributed to districts. But some GOP-represented districts will be hurt too. If Democrats can pick off some of those frustrated Republicans, they may be able to sway the outcome of that legislation too.

Of course, what will make Democrats most influential is Pelath’s personal power. He has a rare ability to be highly critical of GOP leadership without becoming personally harsh. As a result, he and House Speaker Brian Bosma, R-Indianapolis, have developed a surprising mutual respect that serves both caucuses well. More than once, in fact, Pelath has expressed empathy for situations Bosma finds himself in as the head of a huge majority.

Still, Pelath can be blistering when he chooses. This past week, he said about the state’s unemployment report that “a rising economic tide that lifts only a few and submerges the rest isn’t something to be bragging about. It’s something to stop.”

And speaking about Gov. Mike Pence’s decision not to seek federal funding for pre-kindergarten programs, he said GOP leaders “talked like pro wrestlers, while demonstrating the backbone of invertebrates. It would be fun to watch if these circumstances didn’t offer grim omens for the schoolchildren of Indiana.”

It will take all of Pelath’s skills to keep Democrats relevant as the 2015 session begins. But he might be in a better position to do it than anyone else.

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Perjury Voids Conviction; COA Refers Prosecutor For Discipline

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Dave Stafford for www.theindianalawyer.com

A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.

“We are troubled that the State knowingly proffered perjured testimony but are even more concerned that the State granted the witness immunity from prosecution, which encouraged such testimony,” Judge Edward Najam wrote in an endnote in Antonio Smith v. State of Indiana, 71A04-1312-CR-609. “Thus, we direct the Clerk of this Court to send a copy of this opinion to the Disciplinary Commission. We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”

A jury convicted Antonio Smith of the Class C felony after a witness, Nicole Greenlee, testified that Smith had broken into a Dollar General store. Greenlee, though, had previously pleaded guilty to the crime in which she admitted breaking in. Greenlee testified despite defense objections that this was perjury and should result in a mistrial. Smith was sentenced to four years in prison.

Video surveillance from the store showed a white woman breaking into the store. Greenlee is white and Smith is African-American. The state offered testimony from an officer who said cell phone records showed Greenlee and Smith were in close proximity. On cross-examination, though, the detective said he didn’t know how far away each cell phone was.

“Greenlee gave perjured testimony as a matter of law at Smith’s trial. …(A) conviction based on perjury will not be upheld. … Perjured testimony renders a witness’ oath to tell the truth, the whole truth, and nothing but the truth meaningless. Perjured testimony contaminates a trial, violates due process and strikes a blow to the heart of our judicial system,” Najam wrote.

The state had offered Greenlee immunity for her testimony, Najam wrote, but also had a duty to correct her perjury and should have joined the defense motion for a mistrial.

The opinion does not identify the prosecutor who allowed the perjured testimony.

Former Pilot Truck Stop Asst. Manager Arrested for Theft

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Indiana State Police Detective Tobias Odom initiated a criminal investigation in July after receiving information someone had been stealing money from the Pilot Truck Stop, 1042 East Warrenton Road, Haubstadt.

During the investigation, Detective Odom revealed George Tinsley, 33, of Evansville, was allegedly taking products off the shelf, ringing them up as returns and then taking the money for his personal use.
Tinsley was an assistant manager during the time the thefts were occurring. He allegedly stole approximately $4,000 during an eight month period.

Tinsley was arrested this morning at his residence without incident. He was taken to the Gibson County Jail where he is currently being held on bond.

ARRESTED AND CHARGE:
• George L. Tinsley, 33, 1614 Bedford, Evansville, IN
1. Theft, Level 6 Felony

Investigating Officer: Detective Tobias Odom, Indiana State Police
Assisting Officer: Trooper Aaron Kaucher

“The Outsiders World Tour” Sells Out Ford Center

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 Ford Center saw another sold-out concert with Eric Church’s “The Outsiders World Tour” hitting their stage on Saturday night. Opening act, Halestorm, kicked off the night with their some of their hard rock hits, including, “Here’s to Us,” “Freak Like Me,” and “I Miss the Misery.” Fans were taken back to classic country with Dwight Yoakum singing his hits: “Guitars, Cadillacs,” “Streets of Bakersfield,” and “Fast As You.”

However, it was not until Church’s gravelly voice came across the speakers singing, “The Outsiders,” that the room ignited with the loudest screams and cheers of the night. A few songs into his set, Church asked the crowd if they remembered Woody’s – Evansville’s landmark bar that burned down in 2009 – and spoke about how he remembered playing there when he was just starting out. Then, Church closed by saying, “I say that to say this, tonight is all about where we started. We’re up here to play as many songs as we can. We’re here for the music.”

“Tonight was the first taste of a series of big country concerts coming to Evansville,” said Ford Center Executive Director Scott Schoenike. “With Miranda Lambert and Luke Bryan coming in early 2015, we’re excited to continue bringing award-winning artists to the Tri-State area.”

Upcoming events at Ford Center includes Hadi Shrine Circus Nov 27-30, Kenny Rogers December 7, Monster Jam January 10- 11, Miranda Lambert January 15, Harlem Globetrotters January 18, Winter Jam 2015 January 29, Luke Bryan February 11, and Disney on Ice: Princesses & Heroes February 19-21, and Volbeat May 19.

VANDERBURGH COUNTY FELONY CHARGES

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Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, November 21, 2014

Cruz Bolton                 Domestic Battery-Level 6 Felonies (Two Counts)
Criminal Trespass-Level 6 Felony

Lyndsey Hahn             Theft-Level 6 Felony

Terry Kellems                 Unlawful Possession of Syringe-Level 6 Felony
Criminal Trespass-Class A Misdemeanor
Possession of a Synthetic Drug or Synthetic Lookalike Substance-Class A
Misdemeanor

Paul Roberts                Battery Against a Public Safety Official-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.