SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
EPD Activity Report
VANDERBURGH COUNTY FELONY CHARGES
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, February 20, 2015
Robert Payne            Domestic Battery-Level 6 Felony
Jonathan Nussmeier   Operating a Vehicle with an ACE of .08 or More-Level 6 Felony
Mack Tinsley            Theft-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
Accomplishments made as mid-point of session nears
The legislative session is nearly halfway done, and I am proud of all that has been accomplished to improve our area of the state. I have worked diligently to serve our community and want to take this opportunity to discuss some of what has been accomplished so far.
The first bill I authored to pass out of the House was House Bill (HB) 1362. This bill would benefit Hoosier taxpayers and motorists by extending the amount of time that Indiana is required to reissue license plates. Currently, our license plates must be issued in Indiana every five years which was necessary in maintaining the plate’s quality. With the technology we use today to produce license plates, they are more durable, lasting several years longer and need to be replaced less often as we do now. Extending the life cycle of license plates is an innovative and effective strategy, and if enacted, HB 1361 could save taxpayers around $10 million per year.
As a budget session and member of the Ways and Means Committee, I remain committed to protecting Hoosier taxpayers and working to pass an honestly balanced budget that allows the state to live within its means. I am pleased to be a part of the team tasked with crafting our state’s budget and proud to support the amendment that delivers on the priorities outlined by the House Republicans in October. Those budget priorities include protecting taxpayers, significantly increasing our investment in education and funding our strategic priorities like public safety, while maintaining healthy reserves and a strong structural surplus.
The budget amendment utilizes Indiana’s envious fiscal condition to help fund projects including $36 million for the Southern Indiana Regional Medical Center, benefitting our community and the state. This project will play an essential role in our local healthcare system while impacting economic development in southwest Indiana.
The Safety P.I.N. (Protecting Indiana’s Newborns) grant program, legislation I authored, would also be funded through our proposed budget, calling for $13.5 million over the biennium. This program allows groups to apply for grants that aim to reduce Indiana’s infant mortality rate, administered through the Indiana State Department of Health. Preference would be given to groups that address some of the leading factors of infant mortality like smoking during pregnancy or lack of prenatal care.
Another large focus for me, as a professional and business woman, is to increase workforce development. I authored legislation that addresses a situation that has been prematurely ending and sometimes entirely preventing mineral development projects when the mineral rights owner cannot be found while at the same time protecting the owner’s interests. Currently, if a developer of mineral rights, such as oil or natural gas, runs into a tract of land in which the mineral owner cannot be found (the owner of the surface and minerals are most often different individuals), the developer has to attempt to go around that property or entirely cease production. This legislation will help save good paying jobs, as developers will be able to continue their work and not prematurely terminate projects and providing protection for individual’s rights.
This session is flying by, and I am excited that many of the priorities and projects in our proposed budget will benefit southwest Indiana. I look forward to debating this legislation on the House floor as well as discussing Senate legislation as it moves over to our chamber. As always, it has been a privilege to serve our community this session, and I look forward to the rest of the coming months.
First Lady Karen Pence Offers Remarks During Spouses’ Roundtable at National Governor’s Association’s 2015 Winter Meeting
Highlights Work of First Lady’s Charitable Foundation
INDIANAPOLIS – On Saturday, February 21, First Lady Karen Pence presented remarks about her Charitable Foundation to other First Spouses from across the nation at the Spouses’ Lunch and Business Session as part of the National Governor’s Association’s 2015 Winter Meeting in Washington, D.C. The Spouses’ Roundtable offers spouses of governors an opportunity to meet with peers and share insights and best practices as they serve in this unique role.
“When asked to give a presentation regarding the Indiana First Lady’s Charitable Foundation to other first spouses in our nation, I was honored to do so,†stated First Lady Karen Pence. “The foundation has awarded grants to numerous, diverse charities all over the state of Indiana, touching lives of many Hoosier families and children. The foundation has given me a pathway to give back to deserving organizations whose mission is to help others. If sharing Indiana’s success story can spark a similar-type opportunity for other states, I will be thrilled. I have benefited from other first spouses sharing their initiatives and hope that I may pay it I forward by presenting the Indiana First Lady’s Charitable Foundation.â€
The First Lady’s Charitable Foundation aims to encourage and support Indiana youth and families. Following an awards ceremony which will be held March 10, the Foundation will have awarded a total of $170,000 to 83 recipients including individuals, schools, communities, families and family support organizations, and arts organizations. Last April, the First Lady hosted the inaugural First Lady’s Luncheon to promote and support Hoosier children and their families.
First Lady Karen Pence was one of four First Spouses, including New Hampshire First Gentleman Tom Hassan, North Dakota First Lady Betsy Dalrymple, and Wyoming First Lady Carol Mead, to present at the event.
Photos of the First Lady presenting at the Spouses’ Lunch and Business Session as part of the National Governor’s Association’s 2015 Winter Meeting can be found attached.
EPD to offer immediate, on scene resources to families impacted by suicide
Evansville Police have partnered with area mental health professionals to ensure follow-up care is provided to those who have lost a loved one to suicide.
Officers are currently trained in Crisis Intervention. The C.I.T officers are trained to assist people who are having thoughts of harming themselves in an effort to prevent suicides. Despite the efforts of the EPD and other agencies to prevent suicide, the suicide rate in Vanderburgh county is still high.
The needs of those left behind to deal with the suicide are a concern for the first responders and the agencies who provide mental health help. Because of those needs, a new partnership has been established to provide metal health assistance to those on scene when the incident is being investigated. The program is called H.O.P.E. (Helping Other People Everyday)
Evansville Police Officers will ask if anyone at the scene wishes to speak to someone about the incident. Those who wish to speak with someone right away will be put in contact with a mental health care provider before the officer leaves the scene. Those who decline the offer will be given information on who to call should they choose do so at a later time.
The HOPE team will allow officers to leave the scene knowing that the surviving family members and loved ones know they have access to free services to help them through the grieving process.
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Friedlander to retire in August
Dave Stafford for www.theindianalawyer.com
Indiana Court of Appeals Judge Ezra Friedlander will retire in August, the court announced Monday, about a year-and-a-half before he would have faced mandatory retirement.
A statement from the court says Friedlander submitted his resignation to Gov. Mike Pence, effective Aug. 31. In his letter to the governor, Friedlander wrote, “It is my hope that I have been of valuable service to the citizens of the State of Indiana. I personally value having been able to be of service to the citizens of our State.â€
Friedlander will turn 75 – the mandatory retirement age for Indiana appellate judges – in December 2016. His retirement will come in his 50th year in the practice of law, a career that has included more than 22 years on the appellate bench. Friedlander has indicated that he plans to seek senior judge status.
“I thought 50 years was a good time,†Friedlander said. “When you’ve done something for 50 years, it’s a good milestone.â€
Friedlander was appointed by Gov. Evan Bayh and joined the Court of Appeals in January 1993. He was retained by election in 1996 and 2006. He has written 3,000 majority opinions and voted on more than 6,000 other cases. He said his career highlights include the opportunity to work with the court’s outstanding members past and present, and with the Indiana Supreme Court. He is especially proud of having started the Conference for Legal Education Opportunity summer internship program, or CLEO.
Friedlander said he is submitting his resignation now to give the governor and the Indiana Judicial Nominating Commission adequate time to appoint his replacement. The merit selection process to fill the judicial position will include an application and interview. The final selection is made by the governor. The Judicial Nominating Commission will release details about the process on March 2.
Court of Appeals Chief Judge Nancy H. Vaidik said, “Judge Friedlander will be greatly missed for many reasons including his solid and sensible judicial opinions, his consummate collegiality, and his dedication to bringing diversity to the legal profession.â€
Before his appointment, Friedlander’s private legal practice included significant trial and transactional work, mainly representing small businesses. He also served as a deputy prosecutor in Lake County and Marion County and was corporation counsel for the Indiana secretary of state, in which capacity he drafted Indiana’s then-new Not-For-Profit Corporation Act.
Friedlander’s many legal and community activities include service on the Indiana State Bar Association Board of Governors and as chairman of its Young Lawyers Section; the Indiana Bar Foundation; the Indiana University Foundation board of directors and Dean’s Advisory Board of the College of Arts and Sciences. He and his wife, Linda, are current members of IU’s Herron School of Art advisory board. He has two children and four grandchildren.
The Court of Appeals is Indiana’s second highest court. The 15-member court is asked to consider about 4,000 cases per year and decides about 2,000 by majority opinion each year. Members are appointed from geographic districts, but its three-judge panels do not sit by district. Friedlander represents the court’s second district, which comprises 19 central Indiana counties.
Governor Pence Signs Legislation to Shorten ISTEP Test
Indianapolis – Governor Mike Pence issued the following statement after he signed into law SEA 62, the bill which allows the Indiana Department of Education to shorten this year’s ISTEP test, which would have been more than 12 hours for third graders. The bill passed unanimously in both houses.
“Hoosier students, teachers and parents can breathe easier now that this year’s ISTEP test will be significantly shortened. I commend the Indiana General Assembly for their unanimous support of this measure, and applaud the efforts of House Speaker Brian Bosma and Senate President Pro Tempore David Long in moving this legislation in time to impact this year’s ISTEP test. I also am grateful for the collaboration between our administration, the Superintendent and the Department of Education to achieve this reform. Our success in shortening the ISTEP test should reassure Hoosiers that we can accomplish much for our kids, teachers, and schools when we work together.â€
A photo of the Governor signing SEA 62 can be found attached to this release.
AG Zoeller urges FCC to uphold telephone privacy; block trade group efforts to add loopholes to robocall ban
INDIANAPOLIS – Indiana Attorney General Greg Zoeller today met with the Federal Communications Commission (FCC), urging the agency to block efforts by industry groups to weaken federal telephone privacy laws.
The American Bankers Association (ABA) and the Consumer Bankers Association (CBA) recently proposed changes to the Telephone Consumer Protection Act (TCPA) that would create exceptions to the ban on robocalls to consumers’ cell phones, likely resulting in more unwanted calls.
Zoeller and Missouri Attorney General Chris Koster, along with the attorneys general of Illinois, New York, Tennessee and Utah, voiced their opposition to these changes in a formal letter sent to the FCC last week.
“Allowing industry groups to chip away at our country’s telephone privacy laws is bad for consumers,†Zoeller said. “It’s the state attorneys general who hear endless complaints from their citizens about unwanted calls and who are responsible for prosecuting bad actors. These lobbying attempts will give violators more legal loopholes to avoid penalty for invading peoples’ privacy.â€
The TCPA is one of two federal laws aimed at reducing the number of unwanted telemarketing calls to consumers’ phone lines. Pursuant to the TCPA, automated calls or “robocalls†and text messages to consumers’ cellphones are unlawful unless the consumer has given “prior express consent.â€
The ABA’s petition asks for exceptions to the “prior express consent†rule, allowing them to robocall people in certain situations, and the CBA’s petition aims to add legal protection to callers who claim they robocalled the wrong person.
Zoeller said these proposed rule changes would only make it easier for telemarketers to violate consumers’ telephone privacy rights.
He said telephone privacy violators often say they called the wrong number in attempt to avoid penalties. One of the largest volumes of complaints the Attorney General’s Office receives, for example, is about debt collectors who have the wrong number. Zoeller proposed legislation this year that aims to improve transparency in the debt-collection process and curb the amount of illegitimate and harassing calls made to consumers.
Allowing trade groups to make piece-meal changes and exceptions to the robocall ban, Zoeller said, would reverse the progress that has been made in recent years to reduce unwanted and harassing calls, which remains a top priority for many Hoosiers. The Indiana Attorney General’s Telephone Privacy Division received nearly 13,500 complaints in 2014 about unwanted calls, more than half of which were about robocalls.
Zoeller reminded Hoosiers to sign up for Indiana’s Do Not Call list, which helps to deter unwanted and fraudulent calls and text messages, by visiting www.IndianaConsumer.com or calling 1.888.834.9969. Consumers who are registered on the Do Not Call list and receive an unwanted call can file a complaint by visiting www.IndianaConsumer.com.
A copy of Zoeller’s letter to the FCC is attached.
IS IT TRUE February 24, 2015
IS IT TRUE the first and foremost thoughts today at the City County Observer are with our owner and publisher Ron Cosby who is going to undergo surgery at 10:30 am in an effort to correct a very painful and threatening condition?…we would appreciate your good thoughts and prayers for a successful procedure?
IS IT TRUE quite frankly it would be a good tribute to Mr. Cosby, if every homeowner in Vanderburgh County would think fondly of him every time that property taxes are paid, as it was Ron Cosby in the early stages of the CCO who sprung the story of how former Mayor Weinzapfel, current Mayor Winnecke, and a host of other elected officials colluded behind closed doors to take away our Homestead Tax Credit?…as is typical with news that shines unfavorably on the fair haired tools of the machine, the mainstream local media waited until the CCO had broken the story to even bother to report it?…the same pattern is true for many of the SNEGAL stunts exposed first by the CCO over the last several years?
IS IT TRUE the State of Indiana has a slight uproar going on over it’s contemplation to eliminate the “common construction” wage laws that have dictated the wages of construction workers who are fortunate enough to be placed on public construction projects?…the reality of the impact of such a law is not likely as bad as it’s opponents are saying?…the federal government of the United States pioneered such laws in the early years of the Great Depression (1930’s) with a law known as the Davis-Bacon Act?…the Davis-Bacon Act is what sets the “prevailing” wage for construction projects that have federal money associated with them?…the State of Indiana is still subject to Davis-Bacon laws and all of the major cities in Indiana get federal money as part of their general fund, which will assure that prevailing wages are required for any public projects in those entitlement cities?…the law Indiana is contemplating may allow a small town to build a pole barn with local labor at a true market wage which is typically lower than the federal prevailing wage, but it will have no impact on projects like the Ford Center, Lucas Oil Stadium, or even the IU Medical School?…those kinds of projects in entitlement cities will still be required to pay federal prevailing wages which are often more than double what the market rate is for these skills?
IS IT TRUE the McCurdy Hotel once again on the tips of all of the political tongues with yet another promise to start construction in a couple of months?…this time the stumbling block is that the City of Evansville has a lien on the building for the $800,000 that the Weinzapfel Administration squandered on one of his campaign donors in Indianapolis who failed to deliver?…this lien is supposedly a stumbling block to signing a financing deal?…people who are closing deals on houses have to satisfy simultaneous release conditions on a regular basis and this deal should be no different?…if the Kunkel Group can really show loan approval for a set of plans that is sufficient to refurbish the McCurdy Hotel into luxury apartments and make it part of the closing documents, that should be sufficient?…this does not mean that the City of Evansville should release the lien on another promise?…the City is of course saying they need to keep the lien so they will not lose the $800,000?…that claim is absolute nonsense as the $800,000 and the $603,000 for the parking lot are ALREADY LOST?…the only variable is when the City has a moment of lucidity and admits that the Weinzapfel Administration squandered $1.403 Million taxpayer dollars on one of his campaign contributors who failed the people of Evansville?
IS IT TRUE the City of Evansville and it’s City Council scoffed at the financing mechanism called EB5 back in 2011 when there were several bids to build a new hotel in the works proposing to attract EB5 investors from China or India?…in their xenophobic zeal to avoid seeing wealthy foreigners come to Evansville with money to fund projects and hire people, our leaders started the chain of failures that has lead to an empty lot?…in the event that the McCurdy were turned back into a historic luxury hotel, EB5 funds could well have made that happen too?…this financing mechanism has been used to fund well over $200 Million of projects in the Greater Palm Springs area in the last 3 years and could well have done the same in Evansville?…it has brought many wealthy educated new citizens and their money with them?…we wonder if the members of the City Council and the former Mayor who rejected EB5 as a viable funding source think it has been worth it to sooth their xenophobic fears with an empty lot and a rotting old hotel?
IS IT TRUE the CCO is in possession of the Welborn Health Study that is a follow up to the one from 2008 that basically showed that the population of greater Evansville is too fat, smokes too much, abuses drugs and alcohol, and suffers from poor mental health?…this new study concludes that in spite of the 2008 call to action by Welborn, the tar and feathers of being called the most obese city in America, and a perennial bottom dweller on the Miserable Index, NOTHING HAS CHANGED?…that study and further examples of how Ron Cosby and the CCO have tried to effect positive change shall be the subject of more IIT paragraphs in the coming week?