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Commentary: Thomas Wolfe and the quiet after the flicker flames out

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By John Krull
TheStatehouseFile.com

ASHEVILLE, N.C. – No place whispers eternity quite like a graveyard.

I’m standing near the headstone of Thomas Wolfe, a now almost forgotten author who once was considered the great American

John Krull, publisher, TheStatehouseFile.com

John Krull, publisher, TheStatehouseFile.com

writer. When I was a college student, Wolfe’s books spoke to me in a way that no other writer’s did. Wolfe made me want to write.

His resting place here in this mountain resort town in western North Carolina where he grew up is a quiet place. His headstone looks over a range of peaks that appear as old as time, a reminder of things that endure. It’s peaceful.

Wolfe’s life was anything but that.

Commentary button in JPG - no shadowBorn in 1900, the youngest child of an embattled stonecutter father with weaknesses for drink and wanton women and a parsimonious mother who ran a boarding house and whose spirituality veered between mountain mysticism and gothic spookiness, Wolfe’s early life was turbulent – a tale that involved his father often being sent away to dry out after brawls with his mother, who often shifted the young Wolfe from room to room (and even onto the porch) so that paying customers could have a bed.

A teacher, though, spotted a talent for writing in the young Wolfe – bless teachers – and encouraged him. Wolfe headed to the University of North Carolina when he was not quite 16, where he established himself as both the campus character and resident genius.

From there, he went to Harvard to study playwriting, unsuccessfully. Much younger than his classmates, who viewed him either as a Southern rube or a baby savant, Wolfe could lurch from insecurity to combativeness in the space of a breath.

By this time, he had grown to be 6’6’’ – another thing that added to his sense of being an outsider. He was so insecure about his appearance that he refused to let others walk up or down stairs behind him for fear that they would make fun.

He struggled to write plays into his middle 20s, at least two of which are fascinating to read but impossible to perform. (Plays with hundreds of characters and many elaborate set changes present logistical challenges for producers.)

Then he met an older married woman, a New York set designer named Aline Bernstein, who became his mistress. She encouraged Wolfe to write novels.

Theirs was a tempestuous romance. Wolfe had inherited his father’s taste for drink and prostitutes. Aline had her own highly developed sense of drama. Over the next few years, they loved, fought, broke up, got back together and finally split. Through it all, Wolfe wrote.

Eventually, his first novel – “Look Homeward, Angel” – found a publisher. When Wolfe showed up to sign the contract, he was recovering from injuries he’d received in a drunken brawl in Munich.

“Look Homeward, Angel,” with its marriage of pungent reality and poetic lyricism, established him as a literary sensation. He was not quite 29. Another big book, “Of Time and the River,” that was sometimes stunning and more often sloppy, followed six years later to initially ecstatic reviews. He was a literary lion and it was his moment to roar.

A couple of years after that, Wolfe’s appetites caught up with him. On a trip out west, he shared a bottle of whiskey with a hobo on a ferry in Puget Sound. Wolfe developed pneumonia, which opened a tubercular lesion on his lung that migrated to his brain. He died in a feverish coma in September 1938, just days before his 38th birthday.

Part of the generation of American writers – William Faulkner, Ernest Hemingway, F. Scott Fitzgerald, John Steinbeck, etc. – we most revere, Wolfe once was considered the most promising of them.

But the things that endeared him to mid-20th-century writers such as Jack Kerouac and William Styron – his romanticism, his hunger for experience and, let’s face it, his lack of discipline – have cost him the readership his contemporaries still enjoy.

Wolfe shared with other Southern writers an obsession with time, a sense that the past not only was part of the present, but often threatened to overwhelm it. He lived and wrote with a sense that life was but a flicker and time an undying flame.

One of the most famous writers of his time, Thomas Wolfe now is one of the more obscure.

The tumult of his life and time now part of the enveloping past, he rests in a quiet spot, where his grave overlooks mountains that have endured millennia of trouble and tumult, seasons and strife, flickers and flame.

John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

COUNTY COMMISSION CANDIDATE BRUCE UNGENTHIEM ON TRI-STATE VOICES SHOW

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bruceThis weeks show special guest will be candidate in the Republican Primary for the 3rd District County Commissioner seat Bruce Ungetthiem.    The Tri-StateVoices show was created by the City County Observer, recorded and edited by Wood and Woods law firm and produced by ME TV TRI-STATE.

The shows host is well known lawyer Mike Woods. The Tri-StateVoices program features current topics and issues of importance to this region.  This public affairs program is  a 30 minutes in length.  The City County Observer and Woods and Woods Tri-StateVoices show will aires on ME TV TRI-STATE  each week at 11:30 am and can viewed on the following TV Channels: Channels 36.1 and 20.1.  WOW 105.  Insight -186  and Time Warner -3 and 14.  If you miss the TRI-STATE VOICES  show on ME TV TRI-STATE you may view it on the City County Observer newly creative “MOLE TV” video channel located on this site.

Current County Commissioner Marsha Abell declined the invitation to appear on this program with Mr. Ungethiem.  Program host Mike Woods states “that it’s extremely disappointing  that Commissioner Abell declined the opportunity to come on the Tri-State Voices Show. This was a great chance for Ms. Abell to allow the voters of Vanderburgh County to hear what she has achieved while she was in office over the 4 years.  It was also a great opportunity to learn more about what she wants to achieve during the next 4 years if she was re-elected to this position.  We are disappointed in Ms. Abell decision not to come on the show”.

Mr. Ungenthiem’s Qualifications

Bruce was born in Vanderburgh County 1955 and grew up in the Darmstadt area. He graduated from Scott elementary school in 1969 and Central High School in 1973. It was at Central high school where he got his first taste of public service while working for the late David Koehler on his city council campaign. Bruce applied and was accepted into Rose Hulman Institute of Technology and in 1977 graduated with a BS degree in Mechanical engineering and a minor in political Science.

Upon graduation, Bruce accepted a job offer from Mead Johnson as an engineer and returned to Vanderburgh County. He worked for Mead Johnson in various capacities over the next 33 years including, Project Engineer, Automation Manager, Latin American Regional Technical Manager, and North American Regional Technical Manager. During that time he managed many multimillion dollar projects and even larger capital budgets for Mead Johnson. As a result of these duties he has traveled and worked in several foreign counties including Mexico, Ecuador, Argentina, China, the Netherlands, and Saudi Arabia. Bruce retired from Mead Johnson in 2010 at the age of 55 to pursue other interests.

The same year he started with Mead Johnson he married his hometown sweetheart, Debbie, and they have been married for 36 years. They have two grown children, Jeremy and Derek who both reside in Vanderburgh County and six grand children ranging from age 8 to 11 months. Bruce and Debbie now enjoy being grandparents and spending time with the grandchildren.

Bruce continued his interest in public service when he returned to Vanderburgh County after graduating college. He joined the Scott Township Volunteer fire department where he served for over five years as a second class fireman and a certified EMT. Once his children got old enough, he gave up the fire department to serve as coach, organizer, commissioner and whatever else was needed to various athletic organizations as the two boys grew up. He was one of the founders of MOYBA (McCutchanville Oak Hill Youth Basketball Association) and Central Junior Basketball Association. He also served as the President of the Scott Township Youth Baseball program for 7 years. When the boys reached high school age, Bruce supported the athletic programs they were involved in at Central High School.

In 1996, commercial development came to his neighborhood in the form of a grain milling plant and there were many odor issues as a result. Bruce organized a group of concerned citizens and persuaded the owner of the milling plant and local county officials to fix the problem by spending several million dollars in improvements to their waste handling system to eliminate the odor issue. Shortly thereafter, Bruce ran in the Republican primary for County Council 2nd district against a 25 year incumbent. Although he did not win, the experience taught him a lot about local government.

In 2008, talks began to surface about another attempt to consolidate local government and Bruce became involved. After attending several meetings and realizing that local citizen input was not being listened to, Bruce decided to form a committee to change the plan. The original committee was called We The People and its mission was to change the plan so that it would be acceptable to all county residents. This attempt was not successful and the plan went forward to the ballot with few changes. Because the plan was not acceptable to many, Bruce and a group of concerned citizens then formed CORE (Citizens opposed to Reorganization in Evansville were Bruce served as Co Chairman and spokesperson. They worked diligently in a grass roots effort to inform people about the details of the plan and why it was not good for the county. Despite being outspent by a 4 to 1 margin, the question on the ballot was defeated by a 2 to 1 margin. Once this was accomplished, Bruce lead the same group of people to the Statehouse to change the reorganization laws so that in the future any reorganization plans will have to satisfy all areas of the county. This CORE organization is still active and working on other issues of local interest.

Now with the experiences he has had, Bruce has decided to again volunteer for public service again by filing for County Commissioner Second district. Bruce will use his many experiences in industry and the public sector to provide leadership in the community that is in tune with the public and a willingness to listen.

Dr. Bucshon’s Floor Speech: Save American Workers Act

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220px-Larry_Bucshon,_official_portrait,_112th_Congress(Washington, DC) –On Wednesday afternoon, Congressman Larry Bucshon, M.D. spoke on the House floor in support of H.R. 2575, the Save American Workers (SAW) Act.  H.R. 2575 repeals the 30-hour definition of “full-time employment” in the Affordable Care Act, commonly referred to as ObamaCare, and restores the traditional 40-hour definition protecting hourly wages for American workers.

Text of Dr. Bucshon’s floor speech is included below and the video can be accessed online here.

“Thank your Mr. Chairman. I rise today in strong support of this legislation.

“Across my district, I have heard from thousands of employees who have had their hours cut from 40 hours to 29 hours.  

“Greencastle School Corporation – were forced to cut the hours of 54 employees from full time to part time.

“Terre Haute School Corporation – were forced to cut the hours of hundreds employees, many of them are bus drivers who are no longer allowed to provide transportation for after school activities.

“Washington-Greene County School Corporation – were forced to cut the hours of 150 employees from 40 hours to 29 hours.

“Eastern Green County School Corporation – announced that all of their employees who aren’t receiving health insurance, will have their hours cut to 28 hours.

“Dubois County Schools- were forced to reduce the hours for instructional assistants, cafeteria employees and custodial staff.

“These are employees who took a job, understanding from the beginning that they weren’t going to receive health insurance and they were ok with that. 

“In fact, the majority of these employees already receive health insurance from their spouse’s employer and many of them have worked for their school corporation for several years.

 “School Corporations do not have the luxury to raise taxes to pay for these provisions, they aren’t a major business that can raise their rates and they simply cannot afford the Affordable Care Act.

“These Hoosiers work every day with students and because of this provision within the Affordable Care Act, our students will suffer.”

BACKGROUND:

A vote on H.R. 2575, the Save American Workers Act, is expected sometime Thursday afternoon. More information on the bill can be found here

It’s A Myth That GOP Is Party Of The Wealthy

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It’s A Myth That GOP Is Party Of The Wealthy

EPD Activity Report: 4.4.2014

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EPD PATCH 2012

SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.

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

 

EPD Activity Report: 4.4.2014

Softening Water Does Not Seem to Ease Eczema

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st. marys logo

British study finds no benefit for kids with the skin disorder

Despite suggestions that hard water may provoke the itchy and discomforting skin condition known as atopic eczema, a new British study has found that softening the water does nothing to relieve sufferers.

“Although the outcome is disappointing in terms of future treatment options for children with eczema, the outcome of the trial is very clear,” the study’s lead author,  Hywel Williams, a professor of dermato-epidemiology at the University of Nottingham, said in a university news release. “Both the water softening and control groups improved equally in the study when the eczema was measured objectively.”

The study, which focused on children between 6 months and 16 years old, was conducted in collaboration with a representative of the water softener industry, which provided technical expertise and partial funding. The findings are reported in the Feb. 15 issue of PLoS Medicine.

In its milder form, eczema manifests as dry, red and itchy skin. More severe cases may feature broken, raw and bleeding skin. The condition can have a profoundly negative effect on a person’s sleep patterns and quality of life.

An estimated 20 percent of schoolchildren and one in 12 adults have eczema, the study authors noted.

According to the researchers, some believe that hard water contributes to the condition because it contains high levels of calcium and magnesium, which might encourage the use of soaps, prompting the kind of skin irritation that could give rise to eczema.

To test the belief, the research team installed water softening systems in 159 homes of children who had moderate to severe eczema. The children all lived in areas of England known to have hard water. For comparison, they monitored another 164 homes where no softening systems were used.

After the soft water systems had been in place for three months, the researchers found that the switch had conveyed no benefits to the afflicted children.

“We would have been happier if we had shown a clear benefit of using water softeners,” Williams said. “However, that is not the case, and we need to face the truth.”

Nonetheless, many of the parents opted to purchase a water softening system at the end of the study, the researchers reported, “and it is important to realize that other benefits of water softening in the home might be important for families, too,” Williams said.

More information

The U.S. National Library of Medicine has more on atopic eczema.

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.

 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
                                GERARD                                                                 MCRAE                            
Race: Black / Sex: Male / Age: 23
Residence: 524       S KERTH AVE EVANSVILLE, IN
Booked: 4/5/2014 3:54:00 AM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
BATTERY-HFF DOMESTIC [AM] 500
Total Bond Amount: $750
                                MICHELLE                                RENAE                                FRASIER                            
Race: White / Sex: Female / Age: 34
Residence: 840       HOING RD EVANSVILLE          , IN
Booked: 4/5/2014 2:18:00 AM
Charge Bond Amt
NARC-DEALING METHAMPHETAMINE (CONSPIRACY) [BF] 2500
Total Bond Amount: $2500
                                DARIUS                                ARMANTE                                HAMELL                            
Race: Black / Sex: Male / Age: 17
Residence: 5980      WABADA AVE ST LOUIS, MO
Booked: 4/5/2014 2:02:00 AM
Charge Bond Amt
CRIMINAL RECKLESSNESS [CF] 0
CRIMINAL RECKLESSNESS [DF] 0
CRIMINAL GANG ACTIVITY [DF] 0
Total Bond Amount: NO BOND
                                DERRICK                                ANTHONY                                MCKINLEY                            
Race: Black / Sex: Male / Age: 16
Residence:           RAMON AND CLARIDON ST ST LOUIS, MO
Booked: 4/5/2014 1:47:00 AM
Charge Bond Amt
CRIMINAL RECKLESSNESS [CF] 0
CRIMINAL RECKLESSNESS [DF] 0
CRIMINAL GANG ACTIVITY [DF] 0
Total Bond Amount: NO BOND
                                KESHAUN                                LAVON                                BECKTON                            
Race: Black / Sex: Male / Age: 16
Residence: 5329      MINERVA AVE ST LOUIS, MO
Booked: 4/5/2014 1:33:00 AM
Charge Bond Amt
CRIMINAL RECKLESSNESS [CF] 0
CRIMINAL RECKLESSNESS [DF] 0
CRIMINAL GANG ACTIVITY [DF] 0
Total Bond Amount: NO BOND
                                CARY                                BRENT                                FETCHER                            
Race: White / Sex: Male / Age: 54
Residence: 124       WEST ST                                                      GRIFFIN             , IN
Booked: 4/5/2014 1:21:00 AM
Charge Bond Amt
NARC-POSS METHAMPHETAMINE [DF] 0
NARC-POSS PARAPHERNALIA [AM] 100
Total Bond Amount: NO BOND
                                DARRELL                                NMN                                RHODES                            
Race: Black / Sex: Male / Age: 26
Residence: 1405      HARRELTON DR EVANSVILLE          , IN
Booked: 4/5/2014 1:03:00 AM
Charge Bond Amt
NARC-COMMON NUISANCE MAINTAINING [DF] 0
NARC-POSS MARIJUANA, HASH OIL, HASHISH, < 30 G [AM] 100
NARC-POSS PARAPHERNALIA [AM] 100
Total Bond Amount: NO BOND
                                CHARLES                                DANIEL                                FREDERICK                            
Race: White / Sex: Male / Age: 35
Residence: 305       S KENTUCKY AVE                                               EVANSVILLE          , IN
Booked: 4/5/2014 12:48:00 AM
Charge Bond Amt
NARC-DRUG-OBT BY SUBTERFUGE [DF] 500
VCCC FILED PTR 0
Total Bond Amount: NO BOND
                                DAVID                                JOHN                                GRAY                            
Race: Black / Sex: Male / Age: 20
Residence: 2305      MAPLEWOOD CIR EVANSVILLE          , IN
Booked: 4/5/2014 12:36:00 AM
Charge Bond Amt
CRIMINAL RECKLESSNESS [CF] 0
CRIMINAL RECKLESSNESS [DF] 0
CRIMINAL GANG ACTIVITY [DF] 0
OTHER AGENCIES CHARGES 0
Total Bond Amount: NO BOND
                                JOHN                                DANIEL                                MOORE                            
Race: White / Sex: Male / Age: 44
Residence: 4855      RICHMOND DR NEWBURGH, IN
Booked: 4/4/2014 10:14:00 PM
Charge Bond Amt
THEFT OTHER >200 <100,000 [DF] 1000
Total Bond Amount: $1000
                                WILMER                                EUGENE                                SIMMONS                            
Race: White / Sex: Male / Age: 30
Residence: 106       W MARYLAND ST EVANSVILLE          , IN
Booked: 4/4/2014 7:48:00 PM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
BATTERY-BODY WASTE LAW ENF [DF] 0
Total Bond Amount: NO BOND
                                ALEXANDER                                DALE                                BAXTER                            
Race: White / Sex: Male / Age: 23
Residence: 10344     OLD BOONEVILLE HWY CHANDLER, IN
Booked: 4/4/2014 7:03:00 PM
Charge Bond Amt
WRIT OF ATTACHMENT 500
Total Bond Amount: $500
                                MATTHEW                                WAYNE                                LONGEST                            
Race: White / Sex: Male / Age: 35
Residence: 2416      JOAN CT EVANSVILLE          , IN
Booked: 4/4/2014 6:46:00 PM
Released
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
Total Bond Amount: $0
                                JERRY                                ANTONIO                                ADAMS                            
Race: Black / Sex: Male / Age: 39
Residence: 630       E BLACKFORD AVE EVANSVILLE          , IN
Booked: 4/4/2014 5:20:00 PM
Charge Bond Amt
ROBBERY-STRONG ARM [CF] 2500
Total Bond Amount: $2500
                                CARLA                                JEAN                                GARDNER                            
Race: Black / Sex: Female / Age: 43
Residence: 2721      STRINGTOWN RD EVANSVILLE, IN
Booked: 4/4/2014 5:15:00 PM
Released
Charge Bond Amt
NARC-CONSPIRACY-DEAL MARIJUANA [CF] 0
NARC-COMMON NUISANCE MAINTAINING [DF] 0
Total Bond Amount: $0
                                CLASSENA                                MARIE                                SLOAN                            
Race: Black / Sex: Female / Age: 32
Residence: 300       E EICHEL AVE EVANSVILLE, IN
Booked: 4/4/2014 4:04:00 PM
Charge Bond Amt
NARC-CONSPIRACY-DEAL MARIJUANA [CF] 1000
NARC-COMMON NUISANCE MAINTAINING [DF] 0
NARC-POSS SCH I,II,III,IV [DF] 0
Total Bond Amount: NO BOND
                                ROGER                                DALE                                GREENLEE                            
Race: White / Sex: Male / Age: 50
Residence: 1623      DRESDEN ST EVANSVILLE          , IN
Booked: 4/4/2014 4:02:00 PM
Charge Bond Amt
THEFT-SHOPLIFTING THEFT OTHER <200 [DF] 0
Total Bond Amount: NO BOND
                                MICHAEL                                WARREN                                CROW                            
Race: White / Sex: Male / Age: 32
Residence: 100       OSSI ST EVANSVILLE          , IN
Booked: 4/4/2014 2:54:00 PM
Charge Bond Amt
SEX OFFENDER-FAILURE TO REG [DF] 10000
Total Bond Amount: $10000
                                BRYAN                                THOMAS                                BLUME                            
Race: White / Sex: Male / Age: 43
Residence: 6466      DUFF RD EVANSVILLE          , IN
Booked: 4/4/2014 2:35:00 PM
Charge Bond Amt
SEX OFFENDER-FAILURE TO REG PRIOR CONVICTION [CF] 0
SEX OFFENDER-FAILURE TO REG [DF] 0
SEX OFFENDER-FAILURE TO REG PRIOR CONVICTION [CF] 0
Total Bond Amount: NO BOND
                                RICHARD                                LEE                                FULTON                            
Race: White / Sex: Male / Age: 53
Residence: 1405      CUMBERLAND AVE                                               EVANSVILLE          , IN
Booked: 4/4/2014 2:15:00 PM
Charge Bond Amt
ABK FILED PTR 0
Total Bond Amount: NO BOND
                                MACK                                DENNIS                                TINSLEY                            
Race: White / Sex: Male / Age: 49
Residence: 1415      E LOUISIANA ST EVANSVILLE, IN
Booked: 4/4/2014 1:58:00 PM
Charge Bond Amt
WRIT OF ATTACHMENT 500
WRIT OF ATTACHMENT 500
THEFT-SHOPLIFTING/CONVERSON [AM] 100
Total Bond Amount: $1100
                                GEORGE                                EDGAR                                BRIGGS                            
Race: Black / Sex: Male / Age: 51
Residence: 12        E FRANKLIN ST EVANSVILLE, IN
Booked: 4/4/2014 1:04:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
ALC-PUBLIC INTOX [BM] 50
Total Bond Amount: $300
RODNEY TERRELLE ROBERTSON
Race: Black / Sex: Male / Age: 44
Residence: 1014      W VIRGINIA ST EVANSVILLE, IN
Booked: 4/4/2014 12:40:00 PM
Released
Charge Bond Amt
WRIT OF ATTACHMENT 0
NARC-CONSPIRACY-DEAL MARIJUANA [CF] 0
Total Bond Amount: $0
                                SHAKIA                                DENISE MICHELLE                                JONES                            
Race: Black / Sex: Female / Age: 20
Residence: 1236      ERIE AVE EVANSVILLE, IN
Booked: 4/4/2014 11:54:00 AM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
                                MICHAEL                                BRANDON                                HAYES                            
Race: Black / Sex: Male / Age: 34
Residence: 1122      MADISON AVE EVANSVILLE          , IN
Booked: 4/4/2014 11:40:00 AM
Charge Bond Amt
WEAPON-FALSE INFO TO OBTAIN HANDGUN [CF] 2000
WEAPON-FALSE STATEMENT CONSENT FORM ( D F) 0
Total Bond Amount: $2000
                                JASON                                THOMAS                                POINTER                            
Race: White / Sex: Male / Age: 34
Residence: 514       N FOURTH AVE                                                 EVANSVILLE          , IN
Booked: 4/4/2014 10:57:00 AM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount: NO BOND
                                THOMAS                                EUGENE                                YOUNG                            
Race: Black / Sex: Male / Age: 33
Residence: 1817      N FARES AVE EVANSVILLE, IN
Booked: 4/4/2014 10:13:00 AM
Charge Bond Amt
PAROLE VIOLATION – STATE 0
Total Bond Amount: NO BOND

5 lawsuits keep marriage debate alive in Indiana

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by Marilyn Odendahl, www.theindianalawyer.com

During the debate in the Statehouse about House Joint Resolution 3, the proposed amendment to ban same-sex marriage in the Indiana Constitution, lawmakers were told repeatedly that whether or not the Legislature passed the constitutional provision there would be lawsuits. The Indiana General Assembly neither approved nor rejected HJR 3 as introduced – the version approved by lawmakers in 2011 – opting instead to alter the language in the amendment which sent the ratification process back to the beginning.  But still the lawsuits have come. Same-sex couples began filing their challenges to Indiana’s Defense of Marriage Act just as the 2014 legislative session drew to a close.  Kentucky attorney Laura Landenwich said whether the same-sex marriage ban is a statute or a constitutional amendment does not matter. The fact is, she said, the prohibition creates two classes of people, and there is not a rational basis to create two classes.  Landenwich is a member of the legal team that filed the first suit, Love v. Pence, 4:14-CV-15.
To date, five complaints have been filed, all in the U.S. District Court for the Southern District of Indiana, where they have been assigned to Chief Judge Richard Young. The couples seeking to have the law overturned come from across the state with some living in metropolitan areas and others residing in very small rural enclaves.

marraige-15col.jpg Melody Layne (left) and her wife Tara Betterman are part of the lawsuit filed by the ACLU of Indiana seeking to overturn Indiana’s ban on same-sex marriage. (Photo submitted)

All the lawsuits primarily challenge Indiana’s DOMA as violating the Due Process and Equal Protection clauses of the 14th Amendment of the U.S. Constitution. Similar suits making the same argument have been successful in knocking down same-sex marriage bans in a number of states including Kentucky, Texas, Utah and Virginia. Ironically, the odds for success for same-sex couples in Indiana may be hampered by the lack of an amendment to the state Constitution. The states that have lost in federal court have had both statutes and constitutional amendments that defined marriage. Indiana University Maurer School of Law professor Daniel Conkle explained the courts tend to view a constitutional amendment as the state immunizing the political process. Gays and lesbians who want to abolish a same-sex marriage ban will have a more difficult task removing language from the Constitution as compared to going through the legislative process to change a statute. Provisions considered discriminatory that are encased in a state’s constitution seem to be more vulnerable in federal courts, Conkle said. The courts tend to find the challenged amendments violate the U.S. constitutional guarantees on the grounds that the political process has been skewered.  Conkle pointed out that while Indiana’s prohibition on same-sex marriage might have been in further jeopardy from the federal court if the amendment had been approved, the state law is still being fought with the same arguments. Proponents  of same-sex marriage claim the ban violates the Constitution by discriminating against homosexuals.By not being allowed to marry or not having their marriages performed in other states recognized, the couples bringing the lawsuits are barred from  the multitude of rights and privileges enjoyed by married heterosexuals, plaintiffs’ attorneys said. Indiana has yet to file an answer to the complaints but Indiana Attorney General Greg Zoeller has vowed to defend the state’s marriage law. “The mere fact that plaintiffs challenge an Indiana statute does not mean the Legislature did anything wrong when it adopted a statute years before,” Zoeller said in a statement. “Plaintiffs are exercising their right to assert their federal claims in court, just as my office is doing its duty to defend our state’s duly-enacted statutes and defend the Legislature’s authority.”

Religious beliefs
April 10 is scheduled to be the first time an overturned marriage ban goes before a federal appellate court post-Windsor, in which the Supreme Court of the United States struck down a portion of the federal Defense of Marriage Act as unconstitutional for violating the 14th Amendment. The 10th Circuit Court of Appeals will hear arguments in Kitchen, et al. v. Herbert, et al., 13-4178, the case that overturned Utah’s prohibition on same-sex marriage.
A week later on April 17, the same court will hear Bishop, et al. v. Smith, et als marriage law. sex couples can procreate naturally and heterosexual marriage is the way states can ensure the parents remain together to care for and raise their children. Both Landenwich and Richard Mann, an Indianapolis attorney representing same-sex couples in Bowling, Bowling and Bruner v. Pence, et al., 1:14-CV-0405, scoffed at that argument. ” s marriage law violated the Indiana Constitution. The trial court dismissed the challenge, and the Indiana Court of Appeals affirmed in Morrison v. Sadler, 821 N.E.2d 15, 35  (Ind. Ct. App. 2005). ” sex marriage are based on the religious and moral code established by Christian beliefs. They contend the Establishment Clause prohibits government from choosing one set of religious values over another. However, Conkle countered the mere invocation of Christianity is not enough to toss the marriage ban. Legislatures can be  animated by their religious values when making decisions and courts have underscored that by finding religious reasons alone   do not render a statute or amendment unconstitutional. inspired values.

Quickly changing
Kenneth Falk, ACLU of Indiana legal director, argued Morrison before the Court of Appeals and, nine years later, is the lead attorney in the same-sex marriage suit, Fujii, et al. v. Pence, et al., 1:14-CV-404. He will be trying Fujii in a markedly different atmosphere where more of society is accepting of homosexual marriage.“It’s amazing to see how quickly things have changed, and it’s amazing to see so many young people, regardless  of political affiliation, who just don’t understand why this is a big deal at all,” he said. “It’s heartening.” Falk expects the trend to continue. Just as people now question why states in the past banned interracial marriages, future generations will wonder why there was contention over same-sex marriage.
The pace of change has not escaped Zoeller. He believes the challenges already in the federal appeals courts will likely reach the Supreme Court of the United States well ahead of Indiana’s cases. Still, he said he will defend Indiana’s law. “This is not personal advocacy on my part or that of the lawyers who represent the state,” Zoeller said. “Indiana courts previously have upheld Indiana’s marriage law, and the U.S. Supreme Court has previously permitted states to  license marriage as between one man and one woman. My office will continue to defend the state’s authority to set the licensing for marriage until and unless the U.S. Supreme Court rules otherwise.” To Falk, change in favor of same-sex marriage is inevitable. The decisions by the federal courts reflect the mainstream thought and if the courts do not uphold same-sex marriage, eventually legislatures will as more people with accepting attitudes get elected to public office, he said.•

Several arrests made after shots were fired during a fight at an east side apartment complex

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      Evansville Police arrested 4 people following a fight that ended with shots being fired. The incident began around 1:15pm on Friday at the Carriage House Apartments on N. Green River Rd.  A 5th man was arrested on unrelated drug charges during the investigation.  Officers were called to the 5500 block of Carriage Dr. after the shots were fired. Witnesses told police that several men were fighting and that at least two of them had fired handguns during the fight. One of the buildings and a car were hit by bullets. There were no reported injuries. The men left in different cars before officers arrived. A witness was able to give a description of the cars.  While officers were still on scene, one of the cars returned. When the driver saw the police cars, she turned around and tried to leave the area. Officers were able to catch up to the car and stop it in the parking lot of Eastland Place. A witness identified one of the passengers in the car, Keshaun Beckton, as one of the shooters. Beckton is 16, but has been charged as an adult for his role in the incident.  Two females in the car were questioned and released.  Further investigation led officers to 1405 Harrelton Ct.  There were several people in the apartment, including 3 more suspects from the shots fired run. Officers found a stolen 9mm handgun and a .25 caliber handgun in the apartment. There was a box of 9mm ammunition in the apartment and one of the suspects had a box of .25 caliber ammunition in his pocket when he was taken into custody.  Officers arrested 17 year old Darius Hamell, 16 year old Derrick McKinley, and 20 year old David Gray on charges stemming from the shots fired run. Hamell and McKinley have also been charged as adults.  The resident of the apartment, 26 year old Darrell Rhodes, was arrested on unrelated charges.   Officers determined Hamell, McKinley, and Beckton were all from St. Louis MO.  While speaking with St. Louis Police, investigators learned that all three of them were wanted for questioning in a recent homicide in St. Louis.  All of the suspects are in the Vanderburgh County Jail on various charges. Darius Hamell, Keshaun Beckton, Derrick McKinley, and David Gray are charged with: Criminal Recklessness C Felony, Criminal Recklessness D Felony 4 counts, and Criminal Gang Activity D Felony Darrell Rhodes was charged with: Maintaining a Common Nuisance D Felony, Possession of Marijuana A Misdemeanor, and Possession of Paraphernalia A Misdemeanor.                                                                                                                             

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7th Circuit affirms 5-year sentence in arson-for-hire

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by DaveStafford,  www.theindiananlawyer.com  indianalawyer

A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an  unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled                              Thursday.

The panel affirmed the sentence imposed by U.S. District Chief Judge Richard Young of the Southern District of  Indiana in United  States of America v. Lori Hargis, 12-2153, 12-2153.

“Because the district judge discussed factors ‘sufficiently particularized’ to Hargis’s individual  circumstances and adequately justified the sentence, we find no error,” Circuit Judge Ilana Rovner wrote for the panel.

Hargis pleaded guilty to conspiracy to use fire to commit wire fraud, and another charge was dropped. Hargis was accused  of recruiting an old school friend to burn down her home in Henderson, Ky., that she’d been unable to sell. The record  says she pledged to pay $10,000 out of proceeds from her insurance policy.

Federal guidelines called for a sentence of 15 to 21 months in prison, but Young imposed a 60-month term. He identified aggravating  factors as obstruction of justice and Hargis’ role as a leader or organizer in the crime. Her acceptance of responsibility was a mitigating factor.

“Because the facts justify the district court’s decision to apply the upward adjustments, and the district judge adequately explained his rationale for imposing the 60-month sentence, we affirm the district court’s judgment,” Rover wrote.