Indiana’s refusal to comply with federal rape law could cost the state cash
By Paige Clark
TheStatehouseFile.com
INDIANAPOLIS – Indiana risks losing 5 percent of federal grants for corrections because state officials refuse to comply with the federal rape law.
Gov. Mike Pence wrote a letter on May 15 informing U.S. Attorney General Eric Holder that Indiana won’t try to comply with the Prison Rape Elimination Act – passed with bipartisan support by congress in 2003.
The governors of Texas, Idaho, Arizona and Utah also wrote letters of non-compliance on May 15 – the day states had to inform the Department of Justice that their states had either met the standards or were actively working towards that goal.
On June 20, 2012 the Department of Justice created standards for four types of facilities – juvenile, adult prisons and jails, lockups, and community confinement facilities. The standards focused on preventing, detecting, and responding to sexual abuse behind bars.
Pence’s press secretary referred questions to Indiana Department of Correction officials, who did not respond to several messages for comment.
But in his letter, Pence said that “a number of PREA guidelines conflict with other federal regulations, as well as state laws and other nationally recognized detention standards,†but did not list any specific violations.
Under the standards, each detention facility needs to be audited to certify it is following procedure. Also, an audit must be performed once every three years.
According to the letter, Pence said, “There has been no opportunity to audit all of Indiana’s 25 facilities, and 115 lockups, so it is not possible to report accurately the extent to which Indiana has achieved compliance.†He said there are not enough certified auditors nationwide to audit a small number of facilities in the “short timeframe.â€
Pence also said to comply, Indiana would have to hire additional staff and install new equipment and resources, which “would require a redirection of millions of tax dollars currently supporting other critical needs for Indiana.â€
But federal officials say the law is important. “Eliminating prison rape is a priority of the U.S. Department of Justice because we believe that sexual abuse is a crime, and should not be the punishment for a crime,†the agency said in a February letter to governors.
The law allows federal officials to withhold 5 percent of three grants from states that don’t comply. State officials did not return calls seeking information about how much money Indiana could lose if it doesn’t meet the requirements.
Paige Clark is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
NEW PR/MEDIA RELATIONS COORDINATOR
St. Mary’s Health is pleased to announce Randy Capehart is the new PR/Media Relations Coordinator. He replaces Laura Forbes, who is now closer to her family (and the Colts) in Indianapolis. She is now at a PR firm there.
Capehart is the former Assignment Editor at 14News. He started there as a news Photographer in 2008. Prior to that, he was a news Photographer at Fox7, a board op/DJ at WCJT/WSJD, as well as a DJ at WIBI in Illinois.
A native of Princeton, Indiana, Capehart is married and has two children. He lives in his hometown.
His responsibilities will include updating patient conditions for media, sending press releases for upcoming St. Mary’s events and coordinating story coverage as well as updating social media sites. His office phone is 812.485.4044 and cell is 812.454.3348. If you need immediate assistance please call the cell and texting is always an option.
Redefined Summer Reading Program starts soon
Spark a Reaction at the library this summer during the Evansville Vanderburgh Public Library’s Summer Reading Program. Entry cards will be available at any EVPL location beginning June 2. The program will end July 28. All ages are invited to participate for a chance to win prizes.
Customers will find a revamped program this year, with an easier, quicker format and more ways to earn prize entries. Entry cards, called SPARK cards, are modeled after Bingo cards. Each square will contain an activity, like read a book, attend a library program, read a magazine, visit a library location, and others. Participants will mark the boxes as they complete the activity, and they will be entered to win a prize when a row is completed. Bonus entries will be awarded for completing an entire card.
Adults will have the chance to win cash prizes, teens can win cash and gift cards, and prizes for kids include interactive toys and passes to local attractions.
In 2013, nearly 10,000 people participated in the EVPL’s Summer Reading Program.
Thank you to the Public Library Friends, this year’s program sponsor.
To learn more about the Summer Reading Program, visit any Library location, call (812) 428-8200, or visit evpl.org/srp.
Canine companions bring touch of home to the workplace
Dave Stafford forwww.theindianalawyer.com       Â
Siegfried isn’t just attorney Michael Sutherlin’s 4-year-old Doberman. He’s also a trusted aide who’s never far from the lawyer’s side at home or at his Indianapolis office.
“I just like having dogs around. They sort of calm you down, and they pay attention to you when you’re making the best argument you’ve ever made,†Sutherlin said.

Sutherlin isn’t alone in favoring four-legged friends at work, and multiple studies show pets in the workplace reduce stress and appear to improve job satisfaction. But not every office allows pets, and some people may view legal beagles as less than professional.
But Robert E. Grant doesn’t see it that way. As chief judge of the U.S. Bankruptcy Court for the Northern District of Indiana, he’s been bringing Chloe to his Fort Wayne office for about six years, after adopting her from a shelter when she was 2 years old.
“Everything you read in the press in regard to published studies is true,†Grant said, noting benefits beyond stress reduction, including improved morale and increased productivity. “When Chloe isn’t here, the office is not as happy a place.â€
Chloe, a border collie-Newfoundland mix, changed things for the better, Grant said. “What I ended up doing, I spend the lunch hour, the noon hour, walking her. Previously, I spent it working at my desk. … Coming from someone who didn’t exercise at all, that was quite a change, and I consider it beneficial.â€

Grant’s office doesn’t get a lot of traffic, but he said Chloe even changed that a bit. “I’m amazed at the number of people who stop by to see Chloe. Nobody stops by to see me,†Grant quipped.
Bays Family Law attorneys Donna Bays and daughter Jennifer Bays Beinart say bringing their pets to work at their Zionsville office is good practice not just for them, but also for clients. Bays gave her daughter a rat terrier named Gideon as a law school graduation present, and Bays later adopted Mordecai, a bichon frise. Both are now regulars at the office.
“Our dogs are an integral part of our law firm, and we
wouldn’t have it any other way,†Bays Beinart said.
Bays said she always checks with clients to ask if they have any discomfort around dogs. She said the only people who’ve had objections are dog owners themselves worried that their pets might react negatively to the scent of another dog.

Mordecai seems to have remarkable empathy, Bays explained. “What’s amazing is, he can tell when people are getting emotional just ahead of the actual emotion.†she said. At the office, Mordecai usually makes himself at home in his doggie bed, but when he senses an emotional response, he approaches the person, raises his front paws on the edge of their seat and leans in to offer comfort.
“Frankly, it’s very calming to have this little loving animal right there as people are having to tell things that are frightening or embarrassing,†she said. “We’re divorce lawyers who do lots of child custody cases, so emotion is the norm.â€
The positive difference dogs can make for children is something Lake Superior Juvenile Judge Thomas Stefaniak Jr. took to heart when he was appointed to the court last year. He wanted a therapy dog that could help bridge the gap between the court and youths in the county juvenile detention center, said Mark Price, chief deputy in Stefaniak’s court.
Flying W Farms in Piketon, Ohio, donated an American mastiff pup, Moxie, who’s been coming to court every day and is being trained as a therapy dog.

Price said either he or Stefaniak walk Moxie through the detention center daily, and getting to spend time with her is a reward for juveniles. “We bring the dog and have the kids get a chance to interact with something other than walls and cell doors,†Price said.
“Moxie’s with the judge 24/7. She lives with him, comes to work, goes to community events – she’s at work just like the rest of us,†he said.
Moxie’s training will last until she’s about 2 years old, but Price said there are some things that seem to come naturally. “They’re called gentle giants and their demeanor is just amazing,†Price said of the breed. When Moxie is full grown, she may tip the scales at 140 to 160 pounds, but American mastiffs are reputed to be among the most therapeutic breeds for children.
“They seem to know when kids are needing attention,†Price said. “They seem to know when kids are in distress.†Indianapolis constitutional law attorney Rich Waples practices in a home office where his dog Bo and cat Pepper have run of the place. It usually isn’t a problem, though he has had the occasional client with allergies to cats. When that’s an issue, he keeps the cat out of the office or meets those clients at another location.

“Most people love the dog and cat. They’re very good-natured animals,†Waples said. How people respond to the animals can be useful, too, he said, because it can lend insight into someone’s personality.
Many lawyers who bring their pets to work, like Waples, have the benefit of a home office, or they’re the boss and can make the rules. When Jennifer Irons opened her own general practice last November in Cedar Lake after working 11 years in private practice and as a deputy prosecutor, she said being able to bring her goldendoodle Emma to work was one of the best parts.
“It makes my day much happier to have her curled up by my feet,†Irons said. Emma makes rounds to Irons’ associate and office manager, too, “so they also get to benefit from having a little attention throughout the day.â€

Clients sometimes can be nervous or intimidated walking into an attorney’s office, Irons said, but Emma puts them at ease. “I can see people relax and immediately respond to her. It often sets a comfortable tone for the client meeting.â€
Brownsburg attorney Sarah Heck has taken Tanner, a pit bull mix, to work for the past couple of years. “I feel lucky to have the sort of job where I can do this,†she said.
Tanner can be a little eager to greet, so Heck keeps a pet gate on her office door when visitors come. “Most of my clients think it’s great, and many want to meet him,†she said.
James E. Gentry Jr. represents clients in Indiana and Kentucky and works from his main office in Evansville and a home office in Dixon, Ky. Though he said about 80 percent of his caseload is in Indiana, his 4-year-old boxer mix Bay Bay makes a persuasive case for him to work from the home office, especially on cold and rainy days.
Bay Bay gives a little low throat groan when visitors are arriving, Gentry said. “For me, it’s a nice ‘Hey, someone’s coming’ warning.
“Many of my Kentucky clients are farmers and other rural folks, and they always love seeing Bay Bay. Actually, when I opened my Dixon office in 2012, many people knew BayBay’s name before mine,†he said.
“She has been and remains quite the popular local celebrity on the courthouse square,†Gentry said.•
EVANSVILLE CITY COUNCIL NOTICE OF EXECUTIVE SESSION TO OUST STEPHANIE BRINKERHOFF-RILEY LEGALITY QUESTIONED
The Executive session to oust Evansville City Councilwoman Stephanie Brinkerhoff-Riley  is being question by media law attorney and Indiana Public Access Counselor Luke Britt concerning the open meetings statute  used by the City of Evansville Council is opened to interpretation.  Also the attorney for the Hoosier State Press Association  has a similar interpretation of the closed Executive session to oust Ms. Riley from her Vice Chairman position on the Evansville City Council. Â
This is a developing story please stay turned.
BELOW IS THE PROPOSED AGENDA TO OUST COUNCILWOMAN Â RILEY FROM HER VICE CHAIRMAN POSITION ON CITY COUNCIL.
The City Council will hold an Executive Session on Thursday, May 29, 2014, at 12:10 p.m. in Room 301 of the Civic Center Complex, 1 NW Martin Luther King Jr. Blvd., Evansville, Indiana.
This Executive Session will be held for discussion of a member’s alleged misconduct pursuant to Indiana Code 5-14-1.5-6.1(b)(6)(A).
EVANSVILLE CITY COUNCIL NOTICE OF SPECIAL MEETING
The City Council will hold a Special Meeting on Thursday, May 29, 2014 immediately following the Executive Session in Room 301 of the Civic Center Complex, 1 NW Martin Luther King Jr.
Blvd., Evansville, Indiana to discuss the position of the City Council Vice President.
EVANSVILLE CITY COUNCIL NOTICE OF REGULAR MEETING
There will not be a City Council meeting on Monday, June 2, 2014.
The next City Council meeting will be Monday, June 9, 2014 at 5:30 p.m. in Room 301 of the Civic Center Complex, 1 NW Martin Luther King Jr. Blvd., Evansville, Indiana. Committee Meetings will begin at 5:15 p.m.
For further information, please call 812-436-4993.
IS IT TRUE Special Edition (NO CLOSED DOORS)
IS IT TRUE tomorrow’s scheduled CLOSED DOOR executive session of the Evansville City Council’s legality is being questioned by a media law attorney?…Indiana Public Access Counselor Luke Britt said the open meetings statute being used by City Council is open to interpretation?…the Indiana law being cited by the council allows such a meeting “with respect to any individual over whom the governing body has jurisdiction†to “receive information concerning the individual’s alleged misconduct†and to “discuss, before a determination, the individual’s status as an employee, a student or an independent contractor?â€
IS IT TRUE there is plenty of precedent in both state and federal courts that support the interpretation that an elected official is not an employee and certainly not a student or independent contractor and therefore cannot be dealt with in a CLOSED DOOR MEETING?…elected officials ultimately answer to voters and not to colleagues?…this even applies to last weeks reported admonishment session that was masked under the name of caucus?…it seems as though every time the machine of Evansville is threatened they run behind a CLOSED DOOR whether to take away the Homestead Tax Credit or do a pinky shake to elect a candidate from the other party?…this time the door got slammed in the face of those who prefer to do their dirty work out of public view?
IS IT TRUE that in a called public meeting like the second one called tomorrow the gloves are off and the other members of the council can talk to Councilwoman Riley or each other like dogs if they like?…doing so in the light of day with the public in attendance will take more courage that carrying on a kangaroo court behind a closed door?
Southern California Awarded National Manufacturing Community Designation by U.S. Commerce Secretary Pritzker
Southern California Awarded National Manufacturing Community Designation by U.S. Commerce Secretary Pritzker
Sacramento, Calif. – Building on California’s national leadership in manufacturing, the Governor’s Office of Business and Economic Development (GO-Biz) today announced that Southern California has been designated a national ‘Manufacturing Community’ by Secretary of Commerce Penny Pritzker as part of the federal Investing in Manufacturing Communities Partnership (IMCP) initiative.
“Southern California’s designation as a national manufacturing community further underscores California’s place as the U.S. leader in manufacturing companies, jobs and output,†said GO-Biz Director Kish Rajan. “This designation demonstrates that Governor Brown’s efforts to strengthen the California manufacturing industry are gaining national attention and we look forward to working with Mayor Garcetti to continue to deliver resources to Southern California’s manufacturing companies.â€
The effort to designate Southern California as a national manufacturing community was led by the University of Southern California Center for Economic Development along with GO-Biz, Los Angeles Mayor Garcetti, the Los Angeles County Economic Development Corporation (LAEDC) and more.
“My top priority is to leave the recession in the rearview mirror by making sure Los Angeles is ready for the jobs and industries of tomorrow,” said Mayor Garcetti. “We’ve been aggressive—today’s announcement is the result of us being loud and clear in Washington that we’re serious about investing in jobs here in California.”
From the 70 communities that applied, 12 including Southern California were selected by an interagency panel, based on the strength of their economic development plans, the potential for impact in their communities, and the depths of their partnerships across the public and private sector to carry out their plans.
“Southern California’s designation as an member of the Manufacturing Community Partnership is a result of USC successfully implementing the GO-Biz mantra that you must collaborate to compete,†said GO-Biz deputy director Louis Stewart. “We look forward to working with the Southern California team to help attract new the resources, strengthen the partnership and bolster the workforce here in California.â€
As part of the program, Southern California will receive coordinated support for their strategies from eleven federal agencies with $1.3 billion available in federal economic development assistance. They will also receive a dedicated federal liaison at each of the eleven agencies that will help them navigate available federal resources. They will also be recognized on a government website, accessible to prospective private foreign and domestic investors, looking for information on communities’ competitive attributes. The complete text of text of Secretary Pritzker’s announcement can be found here.
“We commend Gov. Brown and Mayor Garcetti for focusing their efforts on the state’s manufacturing growth and we congratulate the hard working middle class families in Southern California who will reap the benefits of skills training and high wage jobs stimulus,” said Jack Stewart, president of the California Manufacturers & Technology Association. “This is why it is so important to have leaders that are true champions of manufacturing.”
Today’s announcement builds on the state’s ongoing efforts to strengthen the manufacturing sector. Last year, Governor Brown signed legislation to enact the Governor’s Economic Development Initiative (AB 93 and SB 90) which includes a sales and use tax exemption for the purchase of manufacturing, biotech and R&D equipment. Governor Brown also established the California Competes tax credit at GO-Biz which will provide $180 million in incentives over the next 12 months to companies that want to expand or relocate to California. According to the National Manufacturing Association, California is the national leader in manufacturing with over $213 billion in annual output. Manufactures in California account for 10.6 percent of the state’s output and employ 8.3 percent of the workforce. And for the first time in over a decade, California enjoyed three consecutive years of manufacturing job growth, adding jobs in 2011, 2012 and 2013.
VANDERBURGH COUNTY FELONY CHARGES
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.Â
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Tuesday, May 27, 2014
Joshua Lawrence Gahagan             Unlawful Possession of a Firearm By a Serious Violent Felon Class B Felony
Auto Theft- Class D Felony
William Allen Green Jr.                         Residential Entry- Class D Felony
Domestic Battery- Class A Misdemeanor
Invasion of Privacy- Class A Misdemeanor
Interference with Reporting of a Crime-Class A Misdemeanor
Criminal Mischief- Class A Misdemeanor
Taron Raphael Momon                  Domestic Battery- Class D Felony
James Dean Ruby                                   Operating a Vehicle with an ACE of .08 or More-Class D Felony (Enhanced from an A Misdemeanor Due to Prior Convictions)
Stephanie Lynn Biseri                               Possession of a Schedule II Controlled Substance-Class D Felony
Possession of Marijuana-Class A Misdemeanor
Anthony James Caldwell                        Theft-Class D Felony
Benjamin Burtis Claspell                         Resisting Law Enforcement-Class D Felony
(Habitual Offender Enhancement)
Operating a Vehicle with an ACE of .15 or More-
Class A Misdemeanor
Kwan Jerdel Dixon                                Possession of a Schedule IV Controlled Substance-Class D Felony
Dealing in Marijuana-Class D Felony
Possession of Marijuana-Class A Misdemeanor
Resisting Law Enforcement- Class A Misdemeanor
Melanie Ann Gunn                                  Possession of a Schedule III Controlled Substance –
Class D Felony
Shayne Hurt                                             Intimidation-Class C Felony
Possession of Methamphetamine-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor
John David Jones                                    Theft-Class D Felony
Jonathan Michael Nussmeier                Operating a Vehicle with an ACE of .08 or More-Class D Felony
James Montez Torain                          Operating a Vehicle with an ACE of .15 or More-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
Damon James Welder                Dealing in Marijuana -Class D Felony
Dealing in a Synthetic Drug or Synthetic Lookalike Substance
Class D Felony
Possession of Marijuana-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor
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
Vanderburgh County Recent Booking Reports
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