COUNTY PROSECUTOR UNDER FIRE FROM DEFENSE COMMUNITY FOR REPEATEDLY FAILING TO DISCLOSE EVIDENCE
Warrick County Prosecutor JoAnne Krantz has come under fire from the defense community in Boonville, IN. for repeatedly withholding exculpatory evidence in criminal cases. In February, theTri-State Times wrote a piece titled, “Attorneys Speak Out About Warrick County Prosecutor†in which defense attorney Rick Martin said Krantz’s office has failed to turn over evidence in a number of cases, causing dismissals in some. This was followed by a run of articles about specific cases in late February and March where other attorneys argued that Krantz wasn’t providing basic – in some instances, court ordered – information to the defense.In the initial article Martin, who is also the 8th District Republican Head, cites a specific case related to child pornography that was dismissed after Krantz failed to disclose exculpatory evidence. He used the case to illuminate some of the broader problems in Krantz’s office:During a number of cases over the last few years, Martin says, the Warrick County Prosecutor’s office has failed to provide evidence to the defense even after being specifically asked by the court to do so. “A person who is charged with a crime, has the right to see the evidence that is going to be used against them,†says Martin.He says some cases are handled by other deputies, but it’s ultimately County Prosecutor, Joanne Krantz’s responsibility. “No convictions, no jail time, no probation, no punishment.†That’s the result when crucial evidence is never provided. “When it’s dismissed its gone. Its gone without giving the state the chance to prove whether the person did it or not.†Martin is one of two attorneys representing defendants in a recent murder case who received zero evidence beyond an affidavit for probable cause, even though media seemed to have more information. The other attorney on the cases, Mark Phillips, told the Courier Press that “facts and other information regarding the case had been reported in local media that were not contained in a two-page probable cause affidavit provided to him.â€The disparity in information stems from the formal charges filed by the Warrick County Prosecutor’s Office Wednesday, which notes that McCallister asked Nelson for his personal identification number to his bank card before Nelson was shot.“The government has the obligation to disclose everything,†said Phillips, who added he’s had issues with obtaining evidence from the prosecutor’s office in the past. At the time of the hearing, Phillips said he had only been provided a probable cause affidavit. At a March hearing, Phillips subpoenaed a number of investigators, including the lead detective in the case, because he wasn’t getting the information, documents and records he believed he was entitled to. 14 News reports:Phillips was joined by Jade Stigall’s attorney Anthony Long. Phillips called lead investigator Bryan Flowers to the stand to testify about his communication with fifth suspect, Kelli Wyrick.Lieutenant Flowers testified that he did purchase a cell phone for Wyrick so he could communicate with her and about 175 text messages have been sent back and forth.Phillips presented screens shots of text messages between Wyrick and Flowers. In one message, Flowers tells Wyrick the probable cause affidavit for her fiance, Mat McCallister was released publicly, but he tells her they did not include important information in the affidavit.“There was an admission that there were things that were not included, important information as part of the probable cause affidavit and we still don’t have police report one. We don’t know what that could be,†Phillips says.… [N]ow there’s concern over an interview with a confidential informant. The defense wants a copy and the state doesn’t want to give it up.Chief Deputy Prosecutor Dan Miller says they have been forthcoming with providing evidence. Some of the evidence including police reports simply are complete yet. Miller says the only thing they’re withholding is that single interview with the informant.Phillips argued that he and his client are entitled to know if there’s an informant and if they were interviewed pertaining to the case, they have a right to that information.“I am concerned that the C.I. may be one of the defendants in this case. If they’ve got a C.I. In a drug case that had a hand in the killing, that would probably be pretty embarrassing to law enforcement. I’m not suggesting that’s the case, but I can’t understand why,†Long says.Krantz filed motions seeking the setting of trial dates on April 3.In an unrelated case, Long recently sought a dismissal after Krantz failed to respond to court-ordered discovery in a timely manner. He alleged in a 10-page motion for sanctions against Krantz that Krantz didn’t produce evidence until well after the December deadline imposed by the judge in the case of Andrew Emmons, who faces 26 counts of child exploitation and voyuerism. The same judge had to delay Emmons’ trial after opening statements when Long objected to the introduction of evidence by the State that he had never seen before. The judge denied Long’s motion for sanctions and reset the trial date for early this month.Krantz told the Tri-State Times that she disputes Long’s claims “but wouldn’t speculate as to the reason why he made them. Krantz said she stands by her track record as the county prosecutor and her career that spans three decades.
FDA TO LOOKS AT REGULATING E-CIGARETTES
By Brady Dennis,
The Food and Drug Administration said Thursday that it intends for the first time regulate the booming market of electronic cigarettes, as well as an array of other products such as cigars, pipe tobacco and hookahs.
The move would begin to place restrictions on e-cigarettes, a nearly $2 billion industry that for years has operated outside the reach of federal regulators. If adopted, the government’s plan would force manufacturers to curb sales to minors, stop handing out free samples, place health warning labels on their products and disclose the ingredients. Makers of e-cigarettes also would be banned from making health-related claims without scientific evidence
The FDA’s proposal stops short of broader restrictions sought by many Âtobacco-control advocates. Regulators at this point are not seeking to halt online sales of e-cigarettes, curb television advertising, or ban the use of flavorings such as watermelon, grape soda and piña colada — all tactics that critics say are aimed at attracting young smokers and that have been banned for traditional cigarettes.
Those restrictions might come eventually, FDA officials said, but not before more rigorous research can establish a scientificbasis for tougher rules.
“Right now, for something like e-cigarettes, there are far more questions than answers,†said Mitch Zeller, director of the FDA’s Center for Tobacco Products.
He said Thursday’s action is about expanding FDA’s authority to products that have been “rapidly evolving with no regulation whatsoever,†in order to create a foundation for broader regulation in the future, adding, “It creates the framework. We’re calling this the first step. . . . For the first time, there will be a science-based, independent regulatory agency playing a vital gate-keeping function.â€
E-cigarettes vary from brand to brand, but they generally resemble the size and shape of traditional cigarettes. Instead of burning tobacco, the battery-powered devices heat up flavored, nicotine-laced liquid, turning it into a vapor that the user inhales, or “vapes.†Supporters say that makes e-cigarettes an attractive alternative to their Âcancer-causing tobacco counterparts.
Congress passed a law in 2009 giving the FDA broad power to regulate cigarettes, including requirements for new warning labels, restrictions on ads and explicit approval of new products. The law also gave the FDA the authority to broaden its jurisdiction over other tobacco-related products. While the agency has indicated for years that it planned to do just that, action has been slow in coming.
Reactions to Thursday’s announcement from the e-cigarette industry, public health officials and consumer advocates was swift — and mixed.
Matthew Myers, president of the Campaign for Tobacco-Free Kids, called the FDA’s action an important step but said that it is “inexcusable†that the agency had taken so long to act. “In the absence of any meaningful regulation, the e-cigarette manufacturers have acted as if it’s the wild, wild West, with no rules and no restraints,†Myers said. “Their advertising is exactly the same type of advertising that made cigarettes so appealing to young people†decades ago.
He said FDA needs to move quickly to finalize Thursday’s proposal and conduct the scientific research it will need to put more stringent rules in place down the road on marketing practices and flavors.
“They can’t move forward at the same pace that they have been moving and do their job protecting public health,†Myers said. “We can’t waste another five years; this cannot take that long. There is a moral and public health imperative for them to treat this with the urgency it deserves.â€
Still, whatever changes are coming won’t happen overnight. The public will have 75 days to comment on the proposal. After the FDA sorts through a likely tidal wave of responses and finalizes its regulations, companies will have to begin complying almost immediately with the proposed age and identification restrictions. But they will have two years to submit applications to the FDA to approve their products, which can remain on the market in the meantime.
The FDA’s effort to begin overseeing the sprawling e-cigarette market comes at a critical time. Sales have doubled year after year, with no signs of slowing, according to some industry analysts. That pales in comparison with the estimated $80 billion-a-year U.S. market for conventional tobacco products, but the gap is shrinking steadily. In addition, tobacco giants such as Lorillard, Reynolds and Altria have entered the Âe-cigarette market in recent years, joining hundreds of smaller manufacturers.
Some industry advocates worried Thursday that federal regulation will benefit only a handful of those large companies, who have established distribution channels and the money and manpower needed to file the streams of paperwork that will now be required to seek FDA approval of all e-cigarette products.
“This is worse than I expected,†said Greg Conley, a board member of the American Vaping Association, who said he welcomed the age-restriction rules but had hoped the FDA would grandfather in existing products, rather than force e-cigarette makers to file lengthy applications for any product on the market dating to early 2007. “A lot of these companies, they are supporting several employees, investing any profits back into their buisness … They can’t afford this, and it’s going to lead to a whole lot of consolidation and increased prices for consumers.â€
Not everyone in the e-cigarette industry bristled at Thursday’s proposal. Indeed, some of the larger players in the e-cigarette market praised FDA for committing to a science-based regulatory process, which they hope will allow them to make a strong case that e-cigarettes have the potential to reduce tobacco-related harm and be an overall positive for public health.
“What they did today was very encouraging … We’ve already done many things to prepare ourselves and act responsibly,†said Miguel Martin, president of Logic Technology Development o
Party for the Planet at Mesker Park Zoo & Botanic Garden
Mesker Park Zoo & Botanic Garden invites you to celebrate our natural world during Party for the Planet on Saturday, April 26, 2014.
Activities for the day include live music, animal encounters, zookeeper chats, rain barrel auction and more.
Mayor Lloyd Winnecke will attend the party to view all of the completed rain barrels from various community groups.
The mayor will address the crowd at 2:00 pm in the Events Plaza.
The zoo is participating in Party for the Planet along with other AZA accredited organizations from around the world to encourage people to spend more time in the nature and to incorporate conservation practices into their homes.
Attendees can expect family-friendly events and practical tips on conservation from the many vendors participating in the party.
Regular admission rates apply. Zoo members are free. For a complete schedule of Party for the Planet activities, click on the attached or visit www.meskerparkzoo.com
Indiana’s commitment to quality education
Indiana remains committed to providing the best education possible for Hoosier students. As the Director of Early College High School, I know that a high quality education leads to greater future success and is something we should continually deliver to Hoosier students. This past session, I am pleased that we made great progress to improve the quality of education in our state.
Right now, there is a one-size-fits-all approach to the Core 40 diploma. I authored House Enrolled Act (HEA) 1213 , which calls for a committee to study the diplomas Indiana currently offers, make recommendations on whether those need to be updated and decide if there is a need for a Career and Technical Education diploma. Science, technology, engineering and mathematics (STEM) courses offer training into high wage, high demand fields in Indiana. I want to promote these courses so more Hoosiers can find rewarding employment opportunities.
Another law we passed, HEA 1388 , provides a useful diagnostic to help schools excel and improve. This legislation makes changes to the information a teacher preparation program must submit annually to the Department of Education and requires both school corporations and charter schools to report each teacher in the program who earned an initial license as well as the annual retention rate for certificated employees. I supported this legislation which will increase the analysis of teacher preparation programs in order to improve them.
We also provided more opportunities to help adults acquire a high school diploma. On average, adults with high school diplomas make more than $8,000 a year than adults who do not have their diplomas. HEA 1028 allows for more charter adult high schools to provide a high school education to better serve at-risk populations within our community.
Through Senate Enrolled Act 85 , we were able to provide additional resources for training School Resource Officers (SROs). This law will require that a SRO be employed by a law enforcement agency and authorizes the Indiana Law Enforcement Training Boards to approve training programs. I was pleased to support this new law as it brings clarity and additional guidance to the school safety legislation passed in 2013. The safety and well-being of Hoosier students is always a top priority for me.
Providing the highest quality education is the key to future success and will help Hoosiers better compete in today’s globally dynamic marketplace. I applaud all of the schools in our area that received a four star designation: Farmersville Elementary, Marrs Elementary, North Posey Jr. High, South Terrace Elementary, Corpus Christi, Mater Dei High School, Resurrection and St. Wendel.
All of these schools are leading the charge for a better education system in Indiana and are a testament to what happens when parents, students, teachers, administrators and faculty are all working together. I am proud of the strides we made this session, and by working alongside our top-notch educators and dedicated students, Indiana is on track to having the best education system in the country.
Talk of the Town Pizza Bar is the Place to Be for Pizza and the Blues
Zach Stuard
In 2000 RJ Rakestraw purchased a dilapidated, two unit -apartment building that was famously known as the bar on The Rosanne Show.  RJ purchased the building, located on Evansville’s north side, with plans to use his contractor’s license to renovate the property into a laundromat for the locals. It was not until RJ hung a picture of Elvis Pressley on the wall that his mind changed and he knew the building had to be a restaurant he says he was influence by Elvis. With the change of plans came the blueprint for talk of the town pizza RJ began renovations by completely gutting the interior & exterior of the building and adding steel support beams throughout, ensuring that it would be around for a very long time. He finished by adding appropriate décor, brick ovens for his pizza, and adequate seating for 30 patrons at any time. RJ credits his cooking skills to his mother whom he helped to prepare meals during his childhood. RJ also built a reputation within the community for the hard work and effort he put into The Deerhead during his time there. During his time as the general manager at The Deerhead RJ tended to the food, customer, and music. The blues that he is known for starting there is a feature that he brought with him when he finally opened the doors of talk of the town Pizza Bar in February of 2003. RJ has seen an incredible amount of support for his restaurant and plans to expand in the near future.
He has secured financing for and plans to add a family dining room and outside patio for customers to enjoy during the warmer seasons. Now seating thirty, he hopes to add another 40 seats in the expansion, bringing his total seating capacity to 70. He also has plans for an organic garden on the north side of the property that would allow him to grow most of his ingredients fresh and on site. RJs previously worked heavily in the contracting sector. He rarely does any contracting work anymore since the opening of his restaurant but he seeks out work from those in the Pizza Bar’s neighborhood when he has a job to offer. He sees this as a way for him to give back to the community and say thank you.  The neighborhood surrounding RJs Pizza Bar has noticed a significant turn in the right direction since his arrival and this may be largely in part to RJs outstanding relationships with his customers. Talk of the Town Pizza Bar is most known for their strombonis and gourmet salads with oil, garlic, mInt, lemon, the house dressing and red beans & rice. His best selling pizza, by far, is the loaded pizza and you can always count on hearing the blues while you enjoy your meal. RJ serves ice cold fishbowls of draft beer from a old antique brass beer tap and has no plans to either serve hard liquor or switch to smoking, ever. RJ wants to create a fun and healthy family environment where that everyone, young and old, can come to relax and enjoy great pizza.
Reitz Home Museum-Bring the Derby Home
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VANDERBURGH COUNTY FELONY CHARGES
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671. Â
Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, April 23, 2014
Barbara Bosse              Operating a Motor Vehicle after Forfeiture of License for Life-Class C Felony
Operating a Vehicle with an ACE of .15 or More-Class A Misdemeanor
Jacob Daugherty          Possession of Marijuana-Class A Misdemeanor
(Enhanced to D Felony Due to Prior Convictions)
Terry Daugherty           Strangulation-Class D Felony
Domestic Battery-Class D Felony
Interference with the Reporting of a Crime-Class A Misdemenaor
Tracy Drewry              Battery by Means of a Deadly Weapon- Class C Felony
Domestic Battery-Class A Misdemeanor
John Euler                      Attempted Robbery-Class C Felony
Roger Hill                       Battery Resulting in Serious Bodily Injury-Class C Felony
Domestic Battery-Class A Misdemeanor
John Lester                     Intimidation-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
Public Intoxication-Class B Misdemeanor
Michelle Mixen           Possession of a Schedule II Controlled Substance-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor
Darnella Skinner        Intimidation-Class C Felony
Domestic Battery-Class A Misdemeanor
Tyler Stokes                 Criminal Mischief-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
David Williams             Operating a Vehicle as an Habitual Traffic Violator-Class D Felony
Gary Wilson               Maintaining a Common Nuisance-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
(Habitual Substance Offender Enhancement)
Justin Altheide          Receiving Stolen Property-Class D Felony
Shyen Barksdale           Battery by Means of a Deadly Weapon-Class C Felony
Domestic Battery-Class A Misdemeanor
Willard Gainer         Operating a Vehicle as an Habitual Traffic Violator-Class D Felony
Adam Gerling            Dealing in a Schedule I Controlled Substance-Class B Felony
Dealing in Marijuana-Class D Felony
Carrying a Handgun without a License-Class A Misdemeanor
Possession of Paraphernalia-Class A Misdemeanor
Dwayne Gordon           Operating a Vehicle as an Habitual Traffic Violator-Class D Felony
David Kifer                     Criminal Trespass-Class A Misdemeanor Enhanced to D Felony
Resisting Law Enforcement-Class A Misdemeanor
Disorderly Conduct-Class B Misdemeanor
Brandon Kitzinger      Armed Robbery-Class B Felony
Billy Nelson IIÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Felon Carrying a Handgun-Class C Felony
(Habitual Offender Enhancement)
Bo Rushing                  Domestic Battery-Class D Felony
Alfred Thomas Jr          Domestic Battery-Class D Felony
Interference with the Reporting of a Crime-Class A Misdemeanor
(Habitual Offender Enhancement)
Nicholas Thompson    Unlawful Possession of a Firearm by a Serious Violent Felon-Class B Felony
Intimidation-Class C Felony
Pointing a Firearm-Class D Felony
Possession of a Schedule II Controlled Substance-Class D Felony
Battery by Body Waste-Class A Misdemeanor
(Habitual Offender Enhancement)
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 considered to be innocent until proven guilty by a court of law
Deaconess Donates 17 parcels of land
Deaconess President and CEO Linda White gives the property deed to Steve Smith, Interim Executive Director, Habitat for Humanity of Evansville.
Deaconess donated 17 parcels of land on Garfield Street to Habitat for Humanity of Evansville. Habitat will combine the narrow parcels of land to create 5 or 6 lots for new homes. Construction on these lots will begin in early 2015. Both organizations are excited to enter into this partnership and have great vision for the future of the Jacobsville Neighborhood. The specific Garfield Street addresses associated with this project include: 501, 503,509, 511, 517, 601-609, and 617-619. Anyone interested in being a Habitat Partner Family must attend an application meeting. The next meeting takes place on Saturday, May 3, 2014 at 9am at Evansville Christian Life Center, 509 S. Kentucky Avenue. Call (812) 423-5623 to reserve a place at the meeting.
1 in 13 U.S. Schoolkids Takes Psych Meds: Report
More than half of parents said the drugs are helpful
By Serena Gordon
HealthDay Reporter
![]() More than 7 percent of American schoolchildren are taking at least one medication for emotional or behavioral difficulties, a new government report shows. Apparently, the medications are working: More than half of the parents said the drugs are helping their children, according to the report. “We can’t advise parents on what they should do, but I think it’s positive that over half of parents reported that medications helped ‘a lot,’ ” said report author LaJeana Howie, a statistical research scientist at the U.S. National Center for Health Statistics. Howie and her colleagues weren’t able to identify the specific disorders the children were being treated for, although she said 81 percent of the children with emotional or behavioral difficulties had been diagnosed with attention-deficit/hyperactivity disorder (ADHD) at some point in their lives. The researchers were also unable to identify the specific medications prescribed to the children for their emotional and behavioral difficulties, according to Howie. An expert not involved with the report agreed that ADHD likely would be one of the most common conditions involved. “Although the authors don’t really talk about the diagnoses, ADHD is likely the most overwhelming diagnosis. Oppositional defiant disorder, anxiety and depression are other likely diagnoses,” said Dr. Andrew Adesman, chief of developmental and behavioral pediatrics at Steven and Alexandra Cohen Children’s Medical Center of New York, in New Hyde Park. Data for the study came from the National Health Interview Survey, which continually collects information about health and health care in the United States. All of the information on children is obtained through parental (or other guardian) responses. None of the information comes from medical records. Overall, the researchers found that 7.5 percent of U.S. children between the ages of 6 and 17 were taking medication for an emotional or behavioral problem. Significantly more boys than girls were given medication — 9.7 percent of boys compared with 5.2 percent of girls. Older females were more likely than younger females to be given medication, but the age difference among males wasn’t significant, according to the report. White children were the most likely to be on psychiatric medications (9.2 percent), followed by black children (7.4 percent) and Hispanic children (4.5 percent), according to the report. The study found that significantly more children on Medicaid or the Children’s Health Insurance Program were on medication for emotional and behavioral problems (9.9 percent), versus 6.7 percent with private insurance and just 2.7 percent of children without insurance. Additionally, more families living below 100 percent of the federal poverty level had children taking medications for emotional and behavioral problems than those above the federal poverty level. Fifty-five percent of parents reported that these medications helped their children “a lot,” while another 26 percent said they helped “some.” Just under 19 percent said they didn’t help at all or helped just a little. Parents of younger children (between 6 and 11) were slightly more likely to feel the medications helped a lot compared to parents of older children. Parents of males were also more likely to feel the medications helped a lot — about 58 percent of parents of males reported that they helped a lot compared to about 50 percent of the parents of females. The report found that parents with incomes less than 100 percent of the federal poverty level were the least likely to feel the medications helped a lot. Just 43 percent of those parents said the medications helped a lot, while about 31 percent said they helped some. More than one-quarter of these parents said the medications only helped a little or not at all. Of those findings, Howie said, “We really can’t speculate what factors would account for the difference.” For his part, Adesman said there are many factors that might contribute to more use of medications in people living under the poverty line and for those on government insurance programs. “There may be parenting challenges, such as more single-parent households, medications may be more available than access to behavioral treatments, there may be more logistical issues with nonpharmaceutical interventions, like getting time off from work,” Adesman said. “Many more families have access to prescription medications than to non-pharmaceutical interventions. There’s a lack of mental health treatment parity. “It’s encouraging that children who are identified as taking prescription medications are benefiting from those medications,” Adesman said. However, he added, “There are nonpharmaceutical treatments for virtually all psychiatric diagnoses in children. For households where a child has significant emotional or behavioral difficulties, counseling, behavior management and some forms of psychotherapy can be helpful as well.” More information Learn more about medications for childhood emotional and behavioral problems from the American Academy of Child and Adolescent Psychiatry. |