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Coffee with a Cop Tuesday, October 21st 7:00 to 9:00 am

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On Tuesday, October 21st the Evansville Police Department and the Donut Bank Bakery & Coffee Shop will partner for another Coffee with a Cop event. Coffee with a Cop continues to be very well received and attended by the public. Coffee with a Cop allows citizens and officers to interact in a very informal setting to discuss a wide array of issues. There is no agenda and no PowerPoint just good coffee and conversation. Chief Bolin as well as other members of the department will be on hand to speak with those stopping by.

This month’s Coffee with a Cop will take place from 7:00a to 9:00a at the Donut Bank Bakery & Coffee Shop located at 2128 N. First Avenue.

Error in admitting drug conviction was harmless, 7th Circuit rules

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Marilyn Odendahl for www.theindianalawyer.com

Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.

Evansville resident Kenneth Schmitt appealed his conviction and sentence for possessing a firearm while being a felon in violation of 18 U.S.C. 922(g)(1). In part, he argued the U.S. District Court for the Southern District of Indiana erred in allowing the state to admit his prior conviction for possession of methamphetamine into evidence.

The 7th Circuit Court of Appeals agreed the District Court did commit an error but found it was harmless in United States of America v. Kenneth Schmitt, 13-2894. The court ruled the government’s case would not have been significantly less persuasive if the conviction had been excluded.

Linking Schmitt to the drugs police found in the home he shared with his girlfriend was key to the government’s contention that the defendant owned the AK-15 semi-automatic assault rifle also found in the house. The prosecution argued Schmitt had the weapon because he was dealing drugs.

However during the trial, Jason Wyatt, the government’s witness, testified the drugs at the residence were his.

Defense counsel recalled Wyatt to the stand and got him to admit the meth as well as the marijuana and pills all belonged to him. The government seized on the testimony and argued Wyatt’s statements “opened the door” to admitting testimony that Schmitt previously had pleaded guilty to possession and to admitting Schmitt’s conviction record.

The 7th Circuit pointed out the defense did not open the door to evidence of who possessed the meth. The court ruled that conviction was not relevant and should have been redacted from the record.

Still, the error was harmless.

“But the prosecution’s case would not have been ‘significantly less persuasive had the improper evidence been excluded,’” Judge Ann Claire Williams wrote for the panel. “There was already ample evidence before the jury to suggest that Schmitt was a drug dealer, which could lead a reasonable juror to infer that he had a reason to have a firearm.”

Catch the Latest Edition of “The Indiana State Police Road Show”

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Catch the latest edition of the “Indiana State Police Road Show” radio program every Monday morning at your convenience.

Download the program from the Network Indiana public website at www.networkindiana.com. Look for the state police logo on the main page and follow the download instructions. The ISP Road Show can also be viewed via YouTube.

Go to https://www.youtube.com/channel/UCu5Bg1KjBd7H1GxgkuV3YJA or visit the Indiana State Police website at http://www.in.gov/isp/ and click on the YouTube link. This 15 minute talk show concentrates on public safety and informational topics with state wide interest.

The radio program was titled “Signal-10” in the early sixties when it was first started by two troopers in northern Indiana. The name was later changed to the “Indiana State Police Road Show” and is the longest continuously aired state police public service program in Indiana.

Radio stations across Indiana and the nation are invited to download and air for FREE this public service program sponsored by the Indiana State Police Alliance and Cops for Kids, a subsidiary of the Indiana State Police Alliance.

This week’s show features Stan Capobianco, Hazardous Materials Specialist at the Indiana State Fire Marshal’s Office. Capobianco discusses the Indiana State Fire Marshal’s Office responsibilities and his duties as a HAZ MAT responder.
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VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, October 17, 2014

Dustin Devers             Operating a Vehicle as an Habitual Traffic Violator-Level 6 Felony

Lisa Filippes                 Operating a Vehicle While Intoxicated-Level 6 Felony

Kenneth Jones              Sexual Battery-Level 6 Felony
Residential Entry-Level 6 Felony
Criminal Confinement-Level 6 Felony
Possession of Marijuana-Class A Misdemeanor

Nicholas Lengerich     Operating a Vehicle with an ACE of .15 or More-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.

IS IT TRUE October 21, 2014

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IS IT TRUE that the proposed downtown YMCA Senior Citizens housing project is dead?

IS IT TRUE that the proposed Senior Citizens Lincoln and Canal Street loft apartment project shall be going forward? …the consultant for this project is Miller Valentine Group? …with the Mayors blessings, the EHA has submitted a tax credit application for the project even without officially owning the land that apartments will be built on?

IS IT TRUE that the tract of land the city owned at Lincoln and Canal without public discussion was quietly transferred back to EHA by the free spending Evansville Redevelopment Commission last week? …we can’t wait to see the scoring model for the tax credit proposals that come in from the developer and how DMD rates of them? …the 9% tax credit deadline is November 1, 2014?

IS IT TRUE we wonder why the Mayor didn’t inform 4th Ward City Councilwoman Connie Robinson and other Center City developers and leaders about this project?

IS IT TRUE that it is down to only 2 weeks until the election and the elections for the Board of Directors (School Board) to govern the Evansville Vanderburgh School Corporation is of utmost interest locally?…there have been many feature articles in various publications in which the candidates make their positions known on what they think the important issues are but the one thing that should be the first sentence of any of these features is “I WILL MAKE DECISIONS BASED ON WHAT IS BEST FOR THE CHILDREN OF VANDERBURGH COUNTY WHO ATTEND PUBLIC SCHOOL?”…most of the candidates seem to be absorbed in working with the unions, getting along with the teachers, and one even thinks he works for the superintendent (Mike Duckworth) who really works for the board, but the thing that is needed from all of these candidates if Evansville has any hope of seeing better scores from its schools is a focus on students?…we would suggest to our readers that as you evaluate who to support for school board to ask what the candidates are doing to make the learning experience for STUDENTS better?…if they can’t answer that with real substance move on to the next candidate?

IS IT TRUE that 97% of the CCO readers who responded to the poll question about spending TIF money (tax money) on a mural behind the McDonald’s on North Main was a waste of good tax money?…the amount of money in question was exactly $31,650 and could have been used for something constructive or to pay off debt as opposed to doing a mural at this time?…murals of course have their place but not in a City that has concerned for public health due to raw sewage discharges every time it rains more than an inch an hour?

IS IT TRUE Evansville Mayor Lloyd Winnecke has announced that he will be making an important “jobs” announcement at Mead Johnson tomorrow at 10:30 am?…Mead Johnson has been shaking with the schizophrenic stock market recently jumping up nearly 10% Friday on rumors that it was about to be acquired by Danone SA and then tanked by 6% this morning when the details of that rumor had some cold water poured onto them?…Mead Johnson Nutrition was also downgraded by Deutsche Bank this morning to “hold” from “buy” with a $103 price target?…the stock closed today at $97 after the two day roller coaster?…we do hope that the announcement tomorrow is positive for Evansville and hope that the company which relocated its headquarters from Evansville to Glenview, Illinois will continue to be a significant employer down of the bend of the river?

IS IT TRUE that the polls for the control of the United States Senate are stubbornly continuing to indicate that a republican takeover of the Senate is imminent?…since last week another state has been moved into the red camp by Real Clear Politics which is now projecting a 53-47 majority for the republicans?

IS IT TRUE we are sure to be treated to some kind of budget deal that is a compromise of compromises that will roll from the Evansville City Council over the next few days?…some things will be cut and others won’t but at the end of the day these characters couldn’t even agree on a reasonable number for revenue?…as long as that is the case the people of Evansville are set up to be victimized by intentionally false revenue projections?

IS IT TRUE that the McCurdy is once again on the docket of the ERC and this time it is really ready to go?…that is of course if and we must say if some federal tax credits are ready to stoke the fire to get a flame started?…we must remind you that it has been 2,340 days since a proud former Mayor Wienzapfel proclaimed the deal of the century with one of his Indianapolis campaign contributors that would transform the classic old hotel into luxury apartments?…we hope it is for real this time but do not recommend holding your breath until this gets started to anyone who values their life?

MAIN COURSE RESTAURANT CHALLENGE ENTRIES SUBMITTED

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Southwest Indiana Chamber Collects Over A Dozen Submissions

The Southwest Indiana Chamber today announced the completion of the first phase of a unique economic development contest designed to add a new dining option in downtown Evansville.

The contest, called Evansville’s Main Course Restaurant Challenge, presented contestants with the opportunity to pitch a restaurant concept to receive a prize package valued at up to $280,176. The successful concept will be developed in the space at 330 Main Street, in the center of downtown Evansville. The building previously served as the long-time headquarters for Rogers Jewelers. The winning restaurant is to begin service no later than September 2015.

Over one dozen submissions were received by the closing date, October 15. The proposed concepts include a 24 hour diner, a chili parlor, a burger bar and a ‘speakeasy’ concept, amongst others. The submissions were received from throughout the Midwest, and were presented by both experienced and novice operators. “The breadth of ideas…their creativity, their passions; it has been exciting to read through these fantastic proposals,” said Southwest Indiana Chamber Downtown Alliance director Joshua Armstrong. “We are very pleased with the response to the challenge,” he added. Submissions are being treated confidentially until the announcement of the finalists.

The Main Course Challenge Committee will begin assessing the entries based on overall creative concept, grasp of the downtown Evansville market, and portfolio of past successes. Selected finalists will proceed to a public meeting on November 20, followed by a cook-off on November 21. The challenge winner will be announced immediately following the cook-off. Committee members include Bob Jones and Ben Shoulders from Old National Bank; Mark Samila from Kahn, Dees, Donovan & Kahn, LLP; Jon Ruthenberg from Gray Loon Marketing Group; Christy Gillenwater from the Southwest Indiana Chamber; JP Englebrecht from South Central Digital; Alan Braun from Skanska; Jeff Justice from Hafer Associates; Shance Sizemore from the Growth Alliance for Greater Evansville; and Otha Warren from North Park Corporation.

The privately-funded prize package includes both cash and in-kind contributions from local and national companies and organizations, including The Gene Warren Jr. Family, Old National Bank, Hafer Associates, South Central Digital, Nexstar Broadcasting Group, Inc., Skanska, Tucker Publishing Group, Evansville Courier and Press, Gordon’s Food Service, Accuride, Tri-State Orthopedic, Bourbon Blog, Leadership Evansville, Kahn Dees Donovan & Kahn and Berry Plastics. Additional grants for façade improvements have been provided by the City of Evansville Department of Metropolitan Development and the Indiana Office of Community and Rural Affairs.

About Southwest Indiana Chamber

For nearly a century, the Southwest Indiana Chamber has been a trusted ally of the regional business community. Today, we’re one of the state’s largest, strongest, and most impactful nonprofit business organizations, representing a total membership of nearly 1,700 businesses, organizations, and agencies. About one-third of members have invested in our organization for 10 or more years. While nearly all major employers in our region are members of the Southwest Indiana Chamber, 71% of our members have fewer than 25 employees.

Learn more about the Chamber, our members, and the Southwest Indiana regional community at www.swinchamber.com.

CCO Community Service Award Luncheon to be Held October 27, 2014

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We are pleased to announce the Outstanding Community Services Award winners for 2014. This 5th annual Awards Luncheon is held at the Tropicana-Evansville Walnut Rooms A&B on October 27. Registration will begin at 11:30, and the event will officially begin at 12:00 noon. Reservations for the luncheon may be obtained by calling Mollie Darke-Schrieber at 812-760-4233, or email her at mdarke07@yahoo.com. The deadline for reservations is this coming Thursday , October 23. This luncheon is nearly sold out and only a few seats are available to this “must attend” event.

SERGEANT PATRICK PHERNETTON

Evansville Police Department Sergeant Patrick Phernetton is being recognized because of the very generous local charity he founded, 911 Gives Hope. The group sponsors the annual “Guns and Hoses” boxing match between area firefighters and law enforcement officers. The event brings out a crowd of about 8,000 people, and proceeds go to several local charities and to benefit research on Prader-Willi syndrome. Sgt. Phernetton was inspired to aid these groups by his daughter, Mykenna, who was born with Prader-Willi syndrome. Evansville Police Chief Billy Bolin will present this award to Patrick.

WOODS AND WOODS LAW OFFICE

Woods & Woods Law Firm earned recognition by offering support to a wide variety of local organizations. They are best known for furnishing free taxi service on New Year’s Eve to anyone who needs it. Woods & Woods has also partnered with the City-County Observer in presenting “Tri-State Voices” on local cable television. The program features interviews with various public figures, with Mike Woods as the moderator. Well known businessman John Dunn will present the award to Mike Woods.

PASTOR ADRIAN BROOKS

Pastor Adrian Brooks is being honored for the service he offers to the residents of our central city. Through the mega-church he pastors, the Reverend provides direct social services in housing, public safety concerns, and commerce to all residents of the center of the city. The voice he provides for the most vulnerable residents is a valuable asset to the city as a whole. City Councilwoman Connie Robinson shall present the award to Rev. Brooks

CORE

CORE is a grass-roots organization of city and county residents who joined forces to resoundingly defeat the referendum on the reorganization/unification of City and County governments that was on the local ballot in 2013. CORE is being honored because of the example it sets for voter involvement in good public policy. Its members did their research and organized a very effective effort to prevail on election day, and we applaud their hard work. Vanderburgh County Commissioner Steve Melcher will present the award to CORE.

THE HONORABLE SUPERIOR COURT JUDGE ROBERT “JEFF” TORNATTA

The Honorable Superior Court Judge Robert “Jeff” Tornatta was chosen for the award for his outstanding judicial temperament, efficiency, and compassion in discharging the duties of his office. He has been on the bench since 1997, and commands the respect both of his peers, the attorneys, and defendants who appear before him. Former Congressman and President of Vectren Brad Ellsworth is presenting the award to Judge Tornatta.

VANDERBURGH COUNTY PROSECUTOR NICK HERMANN

Vanderburgh County Prosecutor Nick Hermann earned recognition as a 2014 winner because of his efforts to encourage community participation in crime prevention. He has worked in a proactive way to facilitate communications among the area law enforcement agencies, as well as initiating the successful “We Tip” program that recently won a national honor. Vanderburgh County Sheriff Dave Wedding will present the award to Mr. Hermann.

CITY COUNCILWOMAN MISSY MOSBY

Second Ward City Councilwoman Missy Mosby was selected for her efforts to improve parks and playgrounds on the SE side that she represents. She is known and appreciated by her constituents for her dedication to the neighborhood groups in the Second Ward. Evansville City Councilman John Friend will present the award to Ms.Mosby.

KNIGHT TOWNSHIP TRUSTEE KATHRYN MARTIN

There is good news in Evansville and Vanderburgh County concerning an audit! This unusually good news comes concerning the Knight Township Trustee’s office.  Under the leadership of Trustee Kathryn Martin the much-beleaguered office has turned the overdrawn balance of – $152,597 around. For those who do not recall, Ms. Martin’s predecessor in that office was imprisoned after overspending the office’s funds by $300,000.

Kathryn Martin was elected in 2010, and has worked diligently with the Township Board to recover from the deficits and continues to serve the needs of the poor and indigent of the Township. This hard work earned her the honor of being named Indiana Township Trustee of the Year for 2014. The City-County Observer is pleased to honor her with a Community Service Award, which will presented to her at the upcoming Awards Luncheon by Mary Hart, the Pigeon Township Trustee.

 RICK DAVIS

Finally, we will be honoring the late Rick Davis with a “Lifetime Achievement” award, based on his dedication to promoting good public policy in the community he served and loved. State Representative Gail Riecken will present the award to his wife, Julie Davis.

We look forward to seeing you there, whether you are an old friend of the City-County Observer or a newcomer to the site. Please plan on joining us!

EDITOR NOTE:  DRESS FOR THIS  EVENT IS BUSINESS CASUAL.

Vanderburgh County Recent Booking Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

http://www.vanderburghsheriff.com/recent-booking-records.aspx

EPD Activity Report October 20, 2014

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

Snyder Lecture Series Presents A Conversation with Barbara Pierce Bush and Jenna Hager

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The University of Evansville’s Patricia H. Snyder Concert and Lecture Series is pleased to welcome Barbara Pierce Bush and Jenna Hager as the featured guest speakers on Tuesday, October 21, 2014, at 7:00 p.m. This event, A Conversation with Barbara Pierce Bush and Jenna Hager, is free and open to the community with limited seating, no tickets are needed. It will be held at the Ridgway University Center, Eykamp Hall, with doors to open at 6:00 p.m. Cass Herrington, host and producer at WNIN Tri-State Public Media, Inc., the area’s PBS and NPR affiliate, will moderate the conversation. Parking is available in lots off Frederick Street and at the corner of Rotherwood and Walnut Avenues.

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