Home Blog Page 6366

UNANIMOUS FOR MURDER, A NOVEL CHAPTER SEVEN

0

GAVEL GAMUT
By Jim Redwine
(Week of 20 October, 2014)

UNANIMOUS FOR MURDER, A NOVEL
CHAPTER SEVEN

Judge Eagleson drove slowly into the courthouse parking lot. He knew the only topic would be the murders of Arnold and Lorena Dalton. But he and his staff had other important matters to address.
As he exited his vehicle he completed the ritual he had unintentionally started after first learning of the events of October and November 1878. He found he had to look at the southeast quadrant of the village square where the old jail and the locust trees used to stand. And he could not avoid wondering every time if old Dan Harrison was still where the outhouse used to be.
But that was then and this was now and people would be looking to Eagleson to provide stability. A loss of such a promising young couple as the Daltons would cause the county shock and fear. This was not a place that expected or accepted interference with the myth of bucolic bliss. With the Ohio River on the south, the Wabash River on the west and miles of fertile farmland as a surrounding buffer, the conservative, virtually pure white Christian citizens of the extreme southwestern tip of Indiana relied on uninterrupted sameness.
Eagleson knew he should concentrate on reassuring his staff and the community, but as he noted with self-disdain, his mind often called forth unrelated clutter even at moments of intense stress. Instead of focusing on preparing for a possible grand jury or analyzing an application for a search warrant of some suspect’s home, Eagleson’s mind served up Posey County’s most famous doctor victim murder case. It had occurred almost two hundred years before young Dr. Dalton was drowned in his bathtub.
Eagleson tried to suppress his musings from 1990 when he had first published his theory that Mark Twain had used the 1818 Posey County murder of young Dr. Thomas Moore Parke as the inspiration for the murder of Dr. Robinson, “so young and promising”, by Injun Joe in Tom Sawyer. The similarities of Twain’s fictional small hometown of St. Petersburg to Mt. Vernon and the grave robbing plot that led to both murders was striking. Eagleson’s familiarity with the Posey County case and his long time affinity for the writings of Samuel Clemens worked in tandem on Eagleson’s perception. And now, when he needed to be on task, he could not set aside the comparison among young doctors Robinson, Parke and Dalton.
John Eagleson had tried to exorcise this quirk of having nonsense or unrelated matter pop into his head at times that called for serious thought. But after years of failing to seal out extraneous notions including often insipid humor at such events as funerals and murder trials, he had settled for the ability to keep his oblique thinking to himself and his expression sober. For now he must gird his loins up about him and face the plethora of questions others assumed he could answer.
“Good morning, Judge. I guess you heard?”
“Isn’t it awful?”
“Who would want to hurt such a nice couple?”
“What do you think Judge, was it robbery? You knew Lorena was pregnant?”
“I just can’t believe it.”
And these comments did not even get Eagleson past the Clerk’s Office. He still had a worried court staff to reassure.
“Good morning, Judge. Did the prosecutor contact you over the weekend? Are they going to need an initial hearing today?”
“Judge, do I need to get the summonses out for a Grand Jury? How many do you want me to call?”
Eagleson proceeded up the four flights of stairs, thirteen each, to his chambers on the top floor of his one hundred and thirty-eight year old courthouse. Another of his bemused thought infarctions that frequently popped up was the number of steps equaling four rendezvous with fate. As the Nineteenth Century masterpiece exuded symbolism, the Judge doubted this was coincidence. And when he had discovered his great, great grandfather had helped build the Italianate edifice, he connected with his ancestor’s gallows humor.
He opened the heavy, solid walnut door to his chambers and stepped into refuge and history. The furniture represented an unbroken legacy from 1816 to the computer on his golden poplar desk. Hand hewn cabinets by German American craftsmen containing artifacts of famous Posey County legal matters made the room a working museum. Eagleson recognized his long-time tenure there was but another passing through as that of the earlier judges who had made and preserved this sanctuary. But he could not fight off the non-sequitur thought that he was just another antique, albeit one not as comely as the furniture. Enough! Perhaps he should return to the disagreeable task at hand.
Eagleson hated meetings. They invariably ended up with one or two people taking on whatever the problem might be while the rest of the group, in this case, Eagleson’s staff, would have simply wasted another hour of their lives. However, he knew he had to gather the staff to reinforce the few rules he used to run the court: No talking out of school and absolute neutrality as to cases, the parties and attorneys involved. He called for his long time court reporter and asked her to assemble the staff in the courtroom.
When he entered his courtroom the staff was seated in the jury box. His four female court reporters, four probation officers, and his new bailiff waited until he spoke.
“Let’s make sure no one talks about any of our matters including the Dalton situation. Okay? That’s all. Thanks.”
The bailiff and one of the female probation officers were still sitting in the jury box after the rest of the staff had returned to their work.
“Judge, is that it?” asked the bailiff.
“Yeah, that’s all. Just do your jobs and don’t try to be a cop or a media shill.”
Eagleson had hired the huge young African American after his long-time former bailiff had decided to hang it up and work on his golf game full time.
“Jack, this was your first jury trial. I know you spent the week with Mrs. Dalton and probably got to know her. I hope you aren’t too upset.”
“Yeah, Jack, I assume the judge told you what he told me last month when I was hired. ‘Keep court matters secret and show up for work regardless of the weather.’ But, Judge, are all your staff meetings so long? I didn’t have time to finish my vitamin drink.”
Eagleson looked at his new probation officer as she rose gracefully and extended to her full height of six feet. Eagleson had been impressed by her resume that indicated she had played basketball at Northeastern Oklahoma Junior College in Tonkawa, Oklahoma. And her olive complexion and black hair indicated she might be of Native American ancestry. Eagleson smiled to himself to think he may have hired the Posey Circuit Court’s first African American and first Native American both within the same month.
Unfortunately for them, that was also the month of a salacious rape trial and now a double murder that included the foreperson of the jury. Well, welcome to his world. Maybe their youth would defend them from the slime that sometimes oozed out of the legal environment. Eagleson remembered how little such things had affected him as a young lawyer. He had remained detached from the people whose lives he was processing. But now it seemed he was constantly impacted by the flotsam and jetsam he used to merely observe. Perhaps this new generation was made of different stuff than the leftovers from the 1960’s.
“Frances, you and Jack will soon learn nothing worthwhile comes out of any meeting. It always comes down to one or two people carrying the load so why kid ourselves and waste everyone’s time. Unfortunately, the Judicial Commission can make all of our lives miserable with their arcane, inane rules that they never seem to understand do not apply well to rural jurisdictions such as ours. So, from time to time, I have a meeting to remind myself of the realities of running a court in Posey County with a Sword of Damocles dangling from Indianapolis. I will be upstairs.”
Eagleson climbed the stairs to his chambers on the third floor, shut the door and stared at the stack of files on his massive antique desk. Being the circuit judge in a small rural county meant each day he had to address numerous diverse matters. Before he could synthesize last week’s rape case and yesterday’s murders, he would have to process this week’s ad hoc mixture of probate, domestic relations, juvenile and civil plenary matters as well as the constant interruptions from phone calls and staff questions. Though it seemed each case required special expertise, the judge had come to the cynical conclusion all it took to be a good judge was the ability to sign one’s name and the courage to accept the responsibility for doing so. As he often replied when asked about being judge, “Well, it’s better than having a real job.”
Unfortunately, every now and then it became a real job, and this looked like it might be one of those times. How was he going to maintain perspective and objectivity on his upcoming cases with the specter of Damon Grange and the murdered Daltons encroaching upon his every thought? One way was to immerse himself in the fat file that contained the pleadings for the next criminal case that was set to begin in one week; the State of Indiana versus Malcolm Settles ought to get him back on track.

Vectren extends apologies for billing, meter reading error

1

Vectren is making customers aware of a billing issue that is beginning to surface in Evansville-area media and social media channels. About 7,000 customers in southwestern Indiana have experienced 2 to 4 consecutive months of estimated reads over the summer. Beginning in August/September – and continuing on through this past week, actual meter readings were obtained – as such, customers are currently experiencing higher-than-normal bills that reflect these actual reads.

Why are the estimated bills higher than normal?
Unfortunately, an issue was discovered where estimated bill amounts were lower than they should have been. As such, when the actual read is occurring, the energy consumption from the hottest months of the year was not accurately accounted for in the estimates from months prior.

Why are there consecutive months of estimates?
Estimated meter readings can occur; often because of weather issues, inability to access the meter or other unforeseen circumstances. However, up to 4 months of consecutive estimates is not common. Vectren began the process of changing meter reading vendors this summer. The prior vendor’s contract expired Aug. 31. Unfortunately, the route completion performance of the prior meter reading contractor suffered as their contract came to an end.

What has Vectren done to communicate with/help customers?
Once the issue was discovered in early September, Vectren put a formal communication plan in place. This included delivering a bill message to all impacted customers and directly calling the approximately 400 customers who would be seeing a bill increase of $250 or more. Vectren apologized to these customers for the inconvenience, as this was no fault of the customer. Vectren is providing options for payment arrangements whereby affected customers can pay any unmanageable amounts in smaller increments over a period of time (with no interest, nor fees).

Please know steps are in place to ensure this won’t be repeated again, including correcting the artificially-low estimated bill calculation and quickly onboarding a new meter reading vendor to minimize the number of estimated reads in the future.

http://www.vectren2.com/evision/statement%20on%20estimated%20bills.pdf

Vanderburgh County Recent Booking Reports

0

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 17, 2014

0

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

EPD Activity REPORT

Old National Bank presents “Boo at the Zoo” at Mesker Park Zoo & Botanic Garden

0

Boo at the Zoo kicks off this Friday, October 17, 2014 and runs Friday through Sunday over two consecutive weekends. This annual “not-so-scary” Halloween themed event is popular with families as attendees are encouraged to dress in costume as they explore the Treat Trail on zoo grounds. The event also offers live entertainment including Magic Shows, Storytelling, Photo Ops, Moonlite Tram, Animal Encounters, Tent of Terror and new this year- Crocosaurus.
The zoo will have last admittance at 2 p.m. for regular zoo visitors during the two weekends of the event. Gates re-open at 5 p.m. for Boo at the Zoo ticketholders. Advanced ticket purchase is recommended to avoid entry lines. Tickets are $6.00 for zoo members age one and up and $8.00 for non-members age one and up. Tickets can be purchased at the zoo gift shop during normal zoo hours or online at www.meskerparkzoo.com. Boo at the Zoo runs October 17-18 and October 24-26. The event runs from 5 to 8 p.m. on Friday and Saturday and 5 to 7 p.m. on Sunday.

Mesker Park Zoo & Botanic Garden is open 365 days a year. For additional information on Mesker Park Zoo & Botanic Garden, including details on zoo membership and admission prices, visit www.meskerparkzoo.com.

VANDERBURGH COUNTY FELONY CHARGES

0

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 Wednesday, October 15, 2014

Michael Paulin Jr           Battery Against a Public Safety Officer-Level 6 Felony
Domestic Battery-Class A Misdemeanor
Resisting Law Enforcement-Class A Misdemeanor

James Ruby                        Operating a Vehicle While Intoxicated-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.

Justices uphold fired DWD employee’s ban from executive branch employment

0

Jennifer Nelson for www.theindianalawyer.com

A fired Indiana Department of Workforce Development employee who argued that she shouldn’t be sanctioned and barred from future executive branch employment because of her misuse of state property lost her appeal before the Indiana Supreme Court Thursday.

Patricia Sanchez won her argument in state court and before the Court of Appeals that the Indiana State Ethics Commission shouldn’t have sanctioned her in 2011. Sanchez, director of the Indiana Commission of Hispanic/Latino Affairs, a division of DWD, was fired in January 2010 after allegations of ghost employment and other misconduct came to light.

A state investigation discovered that Sanchez had in her possession at the time of her termination a television set, a luggage cart and a label maker that were all state property. A search warrant executed several months after her firing led to the discovery of those items in her possession, which led to criminal charges alleging theft and official misconduct.

But those charges were dropped after the judge suppressed the evidence found during the search, citing the information in the warrant was stale. A few months later, the Office of the Inspector General filed the ethics complaint against Sanchez, alleging she violated 42 Indiana Administrative Code 1-5-12 (2004), which provides a state employee shall not make use of state materials … or equipment for any purpose other than for official state business … .

The commission found probable cause to support the complaint and later found she committed the alleged violation. It barred her from future state executive branch employment.

Sanchez had claimed that double jeopardy barred the proceeding before the commission, but Justice Mark Massa quickly disposed of that claim. He also pointed out that the criminal court’s probable cause determination is not binding upon the commission. The search warrant alleged Sanchez had committed theft, whereas the probable cause affidavit for the ethics complaint alleged she had violated administrative code.

“Moreover, we also believe that, to a certain extent, the Ethics Commission is to State employees as the Disciplinary Commission is to members of the Indiana Bar,” Massa wrote, in that acquittal on criminal charges does not prohibit the filing of professional misconduct charges arising from the same conduct against attorneys.

Sanchez also had argued that the commission shouldn’t have considered the evidence resulting from the search – that was later thrown out – and without that evidence, the commission’s decision lacked adequate evidentiary support. Even assuming without deciding that the exclusionary rule does apply to administrative proceedings, there was enough other evidence to support the commission’s decision, Massa wrote.

Indiana State Ethics Commission, Office of Inspector General, and David Thomas, in his Official Capacity as Inspector General v. Patricia Sanchez, 49S02-1402-PL-80, is remanded for further proceedings.

Vanderburgh County wins WeTip “National Safety Award”

0

A top executive of WeTip’s National Anonymous Crime Hotline program presented Vanderburgh County with a national award for community safety during an annual national conference Friday, April 11, 2014.

Susan Aguilar, Chief Executive Officer, presented Vanderburgh County with WeTip’s top award, their National Safety Award for their community effort to curb crime in Vanderburgh County.
Vanderburgh County Prosecutor Nicholas Hermann said he is “extremely honored” by the award and recognition from WeTip. “When we decided to bring WeTip to Vanderburgh County, we knew it was a program the community could get behind. There are several victims or witnesses’ who have knowledge of crimes but for fear of retaliation or fear of talking directly to the Police, this was an avenue to give them a voice,” Prosecutor Hermann said. “It is extremely fitting that this award comes during National Crime Victims’ Rights Week. Our number one goal is justice, and this is another step the community is taking to achieve that.”
Ms. Aguilar of WeTip said: “Vanderburgh County has gone above and beyond any first year city we have ever worked with. Not only are they on top in terms of tips received, but the quality of the tips is remarkable. We are getting solid details that we are able to relay to Police to help curb criminals beahaviors. We are relaying information on wanted fugitives, drugs, weapons, and a huge variety of other crimes. Vanderburgh County is a model area for WeTip.”
Vanderburgh County was also praised by Kristin Arnel, the WeTip liaison for Vanderburgh County. “The work from the Vanderburgh County Prosecutor’s Office has been tremendous. It was a culmination of an effective effort to spread the WeTip number and message, mixed with a community that was willing and ready for a program like this,” she said. “I’ve worked with communities who are much bigger than Evansville and they’ve been WeTip participants for much longer, and in under one year, Evansville has already blazed past them in terms of tips. More than just the sheer number tips we receive from Vanderburgh County (around 18 per week) the quality of the tips is tremendous. We are getting license plate numbers, we are getting specific times and dates, car makes and models. It’s one thing to get out the number and let people know it’s an anonymous tip line, it’s quite another to achieve the quality of the tips that we see from your area.”
Nationwide, more than one million anonymous tips have led to the arrest of over 17,000 criminals since 1972, all made possible because WeTip provides total safety and anonymity to the caller. Wetip has also aided law enforcement in the seizure of over $350 million in illegal drugs and narcotics.
If a caller has information about any crime, they can call anonymously at 1-800-78-CRIME. An operator will answer the hotline by saying “this is the WeTip Anonymous Crime hotline, do not give your name or identify yourself in anyway.” The operator then will ask some questions about the crime to obtain the maximum amount of information possible for the police investigator. All informants are eligible for a reward of up to $1,000 when information results in an arrest and conviction. They are available 24/7 and have English/Spanish bi-lingual operators working at all times.
Vanderburgh County adopted the WeTip Program in late June, 2014. In that time, Vanderburgh County has received over 750 anonymous tips and has launched hundreds of investigations leading to the arrest of dozens of dangerous suspects.

ST. MARY’S HIRES NEW EXECUTIVE DIRECTOR OF FINANCE

0

St. Mary’s Health is pleased to announce it has named Eric Jost, CPA, as its new Executive Director of Finance. In this role, he will oversee the financial planning and budgeting of St. Mary’s, further enhance finance processes and systems, and provide support for critical strategic initiatives.

Jost brings more than 10 years of experience to this position, most recently as the Chief Financial Officer of Crossroads Community Hospital, in Mt. Vernon, Illinois. Prior to that, he served as Assistant CFO at Gateway Medical Center in Granite City, Illinois, and Heartland Regional Medical Center in Marion, Illinois. Crossroads, Gateway, and Heartland are each owned by Community Health Systems where he also served as Senior Internal Auditor in Franklin, Tennessee. Jost was also a Senior Audit Associate with KPMG in Nashville.
“Eric is a very talented individual who brings for-profit experience and technical expertise to our Ministry’s Finance function.  His background and abilities will serve St. Mary’s well today and in the future,” said John Zabrowski, Chief Financial Officer of St. Mary’s Health.   “I am exceptionally pleased to have Eric join our team and look forward to the accomplishments to which he will contribute in the coming years.”
Jost received his Masters of Science in Accountancy and his Bachelors of Science in Accounting in from the University of Southern Indiana. Born and raised from Evansville, Jost returns with his wife Amanda and three children, Dawson, Harper, and Katelyn.

First Lady Karen Pence Awards Grant to Youth First, Inc.

0

Award Will Support Mission to Strengthen Youth and Families

Indianapolis – First Lady Karen Pence hosted the second award reception for grant recipients of the Indiana First Lady’s Charitable Foundation at the Governor’s residence on Wednesday, where she awarded $15,000 to 19 organizations and charities that serve Hoosier families and children across the state. Youth First, Inc. was represented by President & CEO Parri O. Black and Carol Lynch, Youth First supporter and board member, who were on hand to receive the award.

“When Mike was elected Governor, I was overwhelmed with requests from so many worthy organizations to get involved in their efforts. However, it quickly became clear that I couldn’t be at every event nor could I champion every cause. That is why I, along with a team of dedicated board members, started the Indiana First Lady’s Charitable Foundation as a way to shine a light on the organizations across Indiana who lift up our communities and make our state strong,” First Lady Karen Pence continued.

“Youth First is one of those organizations that is doing great work for our Hoosier children and families, and it is an honor to recognize them today,” said First Lady Karen Pence.

First Lady Karen Pence started Indiana First Lady’s Charitable Foundation in August of 2013 as a way to recognize organizations and charities across the state. At the inaugural First Lady’s Luncheon held in April 2014, the Foundation awarded its first major grant of $100,000 to the Art Therapy Program at Riley Hospital for Children. Throughout the year, the Foundation will recognize organizations with smaller grants.

“These grants are a first step toward making a big impact in recognizing these deserving organizations. We hope it can help give them a boost and bring more interest to their causes,” said First Lady Karen Pence. “These organizations are the backbone and the heart of our communities. Youth First represents the very best of what it means to be a Hoosier, and we thank them for their service.”

Youth First’s mission is to strengthen youth and families through evidence-based programs that prevent substance abuse, promote healthy behaviors, and maximize student success. Youth First partners with 50 schools across southwestern Indiana to provide 34 social workers who assess needs, develop and implement prevention plans, and connect students and their families to community resources. Youth First also offers afterschool programs involving parents and caregivers to strengthen families.

Parri Black, Youth First’s President & CEO, shared her appreciation. “We are extremely grateful for the recognition and support given to us by the Indiana First Lady’s Charitable Foundation. We would like to sincerely thank First Lady Karen Pence for the opportunity to use this gift to reach more youth and families in our community.”

First Lady Karen Pence presented a check to each organization ranging from $500 to $1,000 in grant money from the Indiana First Lady’s Charitable Foundation, including:

– Center for Early Childhood Education
– Camp Rave www.casyonline.org
– Deaconess Jacobsville Playhouse www.deaconess.com/foundation
– Indiana Parenting Institute ipi@indianaparentinginstitutue.org
– Youth First, Inc. www.youthfirstinc.org
– Leadership Hendricks County www.leadershiphendricks.org
– Stair Steps to Success, Inc. www.stairsteptosuccess.com
– Legacy House www.Legacy-House.org
– Ft. Wayne Children’s Choir www.fwchoir.org
– Kids Dance Outreach www.kidsdanceoutreach.org
– Booker T. Boosters of Evansville
– VSA Indiana www.vsai.org
– Indy Honor Flight www.indyhonorflight.org
– Fortune Academy www.thefortuneacademy.org
– Middle Way House www.middlewayhouse.org
– St. Joseph Institute for the Deaf-Indpls www.sjid.org
– Fischoff Natl. Chamber Music Assoc. www.fischoff.org
– Buttermilk Mountain, Inc.
– Joe’s Kids www.joes-kids.org

Wednesday’s reception is the second reception this year. An additional reception is scheduled for March of 2015 with next year’s luncheon scheduled April 23, 2015.

The Indiana First Lady’s Charitable Foundation is a 501 ( c ) (3). The First Lady receives no compensation. Donations are tax deductible. Learn more about how to make a donation or request a grant or monetary award on the Foundation’s website at: www.IndianaFirstLadysCharitableFoundation.org