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Commentary: When taxpayers are the butt of the joke

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By John Krull

TheStatehouseFile.com

INDIANAPOLIS – They made jokes about it.

This was more than 10 years ago, when I was the executive director of what was then the Indiana Civil Liberties Union – now the American Civil Liberties Union of Indiana.

John Krull, publisher, TheStatehouseFile.com

The members of the Indiana General Assembly had before them a proposal to post the Ten Commandments on the Statehouse lawn. That idea had been tried before elsewhere – and the courts had not shown much inclination to allow government the power to establish a state religion.

Quite a few legislators knew that.

They realized how the whole thing would play out. They’d adopt the measure allowing the posting and please the social conservatives among their constituents. Then the ICLU would sue, win and collect a fat fee from the state for winning a case on constitutional grounds.

That’s why the senators and representatives made the jokes. They called the Ten Commandments bill “the ICLU appropriations act.”

One lawmaker who voted for it even stopped me outside House chamber, clapped his hand on my shoulder and laughed:

“I hope you’re going to send me a thank-you note for that gift I just gave you.”

What a thigh-slapper.

There were at least a couple of problems with this comedy routine.

The Ten Commandments posted on the courthouse lawn in Posey County. Photo by OZinOH via Flickr.

The first was that these legislators had taken oaths to uphold the very constitutional principles they’d just voted to turn into a joke. The fact that some – not all, by any means – took such a frivolous approach to meeting their duties and honoring those oaths didn’t seem funny.

The second was that this was tax money. And while, as the person at that time primarily responsible for the ICLU’s financial health, I was glad to see a hefty sum deposited in the organization’s bank account, I found the cynicism of those who made the windfall possible breathtaking.

Many lawmakers who cracked the jokes about the “ICLU appropriations act” were – and, in some cases, still are – people who routinely talked about the things for which the state just didn’t have money. These were unimportant things such as good schools and making roads safe.

Flash forward more than 10 years. There now are people calling for Indiana Attorney General Greg Zoeller to provide an accounting of the time and money spent on defending the state’s ban on same-sex marriages.

Count me among those doing the asking.

I won’t speak for others, but my focus isn’t Zoeller, who, as the state’s attorney, has an obligation to defend the state’s laws, however bad or unconstitutional those laws might be.

(I would note, though, as someone who has employed more than a few attorneys in his time, that one thing I expect from my lawyer is a realistic assessment of my chances of winning before we get drawn into litigation – and that can mean telling me, as the client, that I have a weak case and shouldn’t throw good money after bad pursuing it.)

No, my focus is on the self-proclaimed fiscal conservatives who have no problem denying Indiana’s children pre-school opportunities or affordable textbooks in the name of financial restraint, but also have no problem wasting money on expensive but empty gestures designed to appease either conservative activists, many of whom need such proposals upon which to build fundraising and recruiting campaigns, or their own prejudices.

In the aftermath of the U.S. Supreme Court’s refusal to uphold challenged same-sex marriage bans, many Hoosier conservative activists have vowed to push for legislation “protecting” social conservatives’ rights of conscience to deny service or religious recognition to married gay couples.

Such legislation likely will be nothing more than exercises in ideological indulgence and building fundraising campaigns. The rights of conscience for social conservatives – and all other Hoosiers and Americans, for that matter – are set forth in the U.S. and Indiana constitutions. No law passed by the Indiana General Assembly is going to change that.

That likely won’t stop some conservative lawmakers from pandering to their activist base. These guys love a good joke.

Let’s see if lawmakers think it’s such a chuckle when the taxpayers figure out the laugh’s on them.

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.

Crescent Valley History Newsletter

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Vanderburgh Co. Historical Society Annual Dinner
One of the region’s best historical events will take place Thurs., November 15th when the Vanderburgh Co. Historical Society (VCHS) hosts it annual dinner at the Evansville Museum. The event will feature a reception from 6:00 to 6:30 p.m., a dinner from 6:30 to 7:30 p.m., and a presentation by renowned historian Bill Bartelt beginning at 7:45 p.m. Click here to RSVP.

Cooke Saves Historic Headstone
James Bethel Gresham is a well-known World War I veteran who many consider to be the first American to be killed in the conflict. Military headstones are typically replaced every fifty years, but due to its historical significance Gresham’s was hidden away. Fortunately, Evansville’s Superintendent of Cemeteries, Chris Cooke, discovered the headstone and immediately realized its historic importance. The old headstone is being donated to the Evansville Museum where it will become a permanent part of the World War I exhibit. Click here for local media coverage. Mr. Cooke will discuss the history of the Oak Hill Cemetery at a presentation on October 30th at the EVPL central branch. Click here for details.

Restoration Continues at Greyhouse Bus Station
As visitors to downtown Evansville may have noticed, the Greyhound Station’s blue panels have been removed for restoration. The exposed red brick that was left behind has since been covered with a black vapor barrier and stabilizer. This will protect the interior walls from moisture penetration. Before the blue enameled steel panels go back up in about a month, high-tech insulation will be applied inside the panels. The insulation will help ensure against warping that can be caused by heat and will further protect the brick. The building won’t be quite as bright a blue in the future. The baby blue paint that covered the exterior panels is being removed to return the building to the subtle and elegant original scheme pictured here.

Galvanized Yankee Presentation Planned
The Southern Indiana Civil War Roundtable will feature James A. Goecker at its November 20th meeting. He will discuss “Galvanized Yankees,” Confederate soldiers in the Northern Army. Mr. Goecker will discuss who they were and how they were used in the North during the Civil War. Click here for more details.

Nullification is the Remedy

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If elected, I would immediately propose bills to strike down and govern an awful lot of what we call “government.” Most taxation, regulation, litigation, mandates, prohibitions, subsidies, militarization and violence are out of control and need to be stopped. The proper remedy for this isn’t new government powers or anything unproven; it’s called “nullification.”

In response to the obviously unconstitutional Alien and Sedition Acts, Thomas Jefferson’s Kentucky Resolutions of 1798 very directly affirmed that what USA legislative, executive and judicial branches have done for generations, nullification (in the form of refusal to enact, comply or enforce), is the proper remedy for constitutional transgressions by any branch of government.

This is actually the only active power courts have as a check and balance against the other branches. They often nullify laws or actions they judge to be unconstitutional or otherwise wrong. Legislative branches often write laws that nullify, repeal or phase out others.

And Executives very often refuse to comply or enforce laws. Typically they refuse to enforce the constitutions themselves, but they also refuse to enforce acts like DOMA, and thus make major shifts of policy.

I’m just proposing we finally do it for liberty and justice, not for the benefit of elite cronies.

And so unlike Democrats and Republicans, who spit out new laws like watermelon seeds to add power and layers to government, confusing which laws are law and which are not to punish their enemies and reward their friends; I would move to entirely repeal broad swaths of what gets between citizens and the freedom, peace, prosperity and security owed them by law.

I would propose specific repeal and/or nullification for legislation like Obamacare, Executive Orders and court decrees that have the effect of legislation, bureaucratic and treaty violations, illegal agencies and entities, illegal policies, and other, ongoing and upcoming transgressions against the constitutions.

Sheriff’s Office Participates in 12th Annual Domestic Violence Sweep

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

On Wednesday, October 22, 2014 the Vanderburgh County Sheriff’s Office worked simultaneously with agencies from across the country in an effort to arrest persons with outstanding warrants for family violence and domestic related issues. The 12th Annual Family Violence Apprehension Detail is coordinated by the Clackamas County Sheriff’s Office in Oregon and includes agencies from every state in the United States. The participating agencies work to serve outstanding arrest warrants with charges ranging from harassment to murder that originated from a family violence incident.

This collaborative effort hopes to raise awareness about the problem of family and domestic violence in our communities and demonstrate that this social problem is important to law enforcement and our citizens. It also demonstrates to offenders that they will be held accountable for their violent actions and/or their non-compliance with court orders.

Eight (8) people were arrested and fourteen (14) warrants were served during today’s sweep. Those arrested and their charges are listed below.

Matthew Pierson, Age 30, Criminal Recklessness while Armed with a Deadly Weapon
Rudy Studdard, Age 25, OMVWI Bac >.15, Child restraint Violation
Brittany Egan, Age 28, Operating a Vehicle/Never Received, Operating w/o Ins.
Amy Weightman, Age 32, Possession of Marijuana, Disorderly Conduct, Resisting LE
Vanity Johnson, Age 22, Minor Consumption, Driving while Suspended
Keith Persinger, Age 30, Petition to Revoke Probation (Felony)
Lucas Melton, Age 30, Writ of Attachment
Tiffany Boyd, Age 31, Battery with Serious Bodily Injury

 

Justices rule on ‘exhaustion rule’ issue

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.

Gary Wayne Oswalt was on trial for multiple counts of child molesting, child solicitation and possession of child pornography. During voir dire, he moved to strike jurors 7 and 13 for cause. The trial court denied his motions, so he used two of his peremptory challenges to remove him.

Then he sought to strike Juror 28 for cause and use his final peremptory challenge to remove Juror 25 because he was the brother-in-law of another prospective juror, which is not grounds to remove someone for cause.

He presented his motions simultaneously; the trial court denied the motion to remove Juror 28 for cause, but allowed Oswalt to switch his final peremptory challenge to 28 instead. He decided to leave Juror 28 and strike Juror 25 after stating,”I’ve got a record that says … I’m out of preempts and I’m not getting who I want.”

The Court of Appeals found Oswalt waived appellate review of Juror 28 for failure to exhaust his peremptory challenges.

“We hold that complying with the exhaustion rule neither comes at the cost of a party’s final peremptory challenge nor precludes review of earlier for-cause challenges. Instead, parties satisfy the exhaustion rule the moment they use their final challenge, regardless of whom they strike. We also hold that the parties who satisfy the exhaustion rule should not lose appellate review for doing so. Instead, appellate courts may review jurors whom parties were forced to remove peremptorily when they show that (1) they satisfied the exhaustion rule, and that (2) an incompetent or objectionable juror served on the jury. These conclusions fulfill the purpose of the exhaustion rule, while honoring the parties’ time-honored discretion to use their peremptories as they see fit.

“We conclude that Oswalt’s use of his last peremptory strike satisfied the exhaustion rule, and that we may review his for-cause challenges – not just to Juror 28, but also to Jurors 7 and 13 who did not serve because he struck them peremptorily,” Chief Justice Loretta Rush wrote in Gary Wayne Oswalt v. State of Indiana, 35S02-1401-CR-10. “But we find that the court did not abuse its discretion in denying all three challenges, and we therefore affirm Oswalt’s convictions and sentence. In all other respects, we summarily affirm the Court of Appeals.”

Juror 28 had expressed discomfort at the thought of trying a child molestation case, but never told the court that he could not be fair toward Oswalt. Thus, the trial court’s denial of Oswalt’s motion was within its discretion.

Oswalt did not establish that Juror 7, who said she recognized someone during voir dire and believed the person was related to Oswalt, could not render a fair and impartial decision. Her explanation that she would “rather not have to … be involved in a family problem” falls short of bias or prejudice. Oswalt sought to strike Juror 13 for cause because that juror indicated he assumed that defendants were guilty until proven innocent. But the juror later said he could make a decision after hearing all of the evidence.

Justice Mark Massa concurred in result.

IS IT TRUE October 23, 2014

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IS IT TRUE the Evansville City Council is expected to vote on the 2015 proposed budget next Monday night?…should the budget pass in its current form, the city could face more than 2.8 million dollars in spending cuts?…according to some of the more analytical members of the Evansville City Council there need to be at least $7 Million more in cuts to assure a balanced budget?…the reason for this chasm is the allegation that the Office of the Mayor has assumed a revenue level that is $11 Million into fantasy land?…Councilman Jonathan Weaver is indignant about the proposed $2.8 Million in cuts and has accused the conservative council members of micro management?…the CCO tends to agree with Councilman Weaver that it is not the place of the City Council to dictate small levels of spending?…the place where we disagree with Councilman Weaver is with respect to the revenue assumptions?…it is not micromanaging to demand accurate revenue projections from the Mayor who submits the budget?…the City Council is right to question the top line revenue number and failing to have done so for the past 3 years has depleted the reserves far too much?…step one has still not been made so what the council including Mr. Weaver should be concentrating on is a revenue number they can believe?…then and only then should the details of any cuts be on the table?…the first things cut should be anything that adds to the fun and games inventory?

IS IT TRUE that plans for a Meijer’s store to be built on North Green River Rd may have been cancelled or temporary postponed …according to a representative of the Meijer Corporate Offices who was recently contacted by CCO, presently there are no current plans to build a store in Evansville, IN in the near future?…no reason was given for the possible cancellation or delay of plans to expand in Evansville?…the planned “Hyper-store” was to have carried name-brand groceries, clothes, housewares, and a full “superstore” array of merchandise?

IS IT TRUE the City of Evansville could had lost approximately 150 full time and part time jobs if Meijer’s decides not to build in Evansville? …we wonder if any incentives were offered to this company by the City of Evansville, as is the case with the much-hyped 18 Mead Johnson jobs we heard about yesterday?…there seems to be a distinct geography that is associated with local government handouts in Evansville and that distinct “MOOCHER ZONE” is anything within a half mile of downtown Evansville?…the CCO understands the handout process and really has no problem with competitive incentives that do not practice geographic discrimination when they make economic sense?…paying incentives of $208,333 per job is never going to make sense but that is what was announced for the Mead Johnson 18 yesterday?…the federal stimulus even after accounting for total busts like Solyndra was better than that?

IS IT TRUE in the game of paying bribes to companies for jobs it is true that the higher the wage the more incentives can be justified?…this is the case because of the progressive nature of taxation?…for example one job that pays $1 Million will generate a substantially higher level of taxation than say 40 jobs that pay $25,000 each even though the income total to the community will be the same?…one person who makes a million bucks will most likely pay between $400,000 and $500,000 in total taxes while a group of 40 individuals making $25,000 each will pay less than 15% of their income in taxes with over half of that going to FICA?…given that taxing authorities are responsible for delivering service if faced with the choice of paying a bribe for a single job that pays $1 Million per year as opposed to paying a like amount for 40 jobs that pay $25,000 each the choice is crystal clear?…the better financial choice would be to provide one person with services as opposed to 40 if all things are equal?…of course doing the smartest financial thing would be held from the headlines because it would not play well to the crowd that is quantity focused with little care for quality?…in good economies the idea of buying jobs is considered absurd?

Councilman John Friend Provides Documentation On Mayor Winneckes Spending Deficits

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Lloyd, per your request:

I have attached the audited financial statements reported by the State Board of Accounts concerning the four operational fund balances as of Dec 31, 2011 (the balance left over by the Weinzapfel Administration) Dec 31, 2012, and Dec 31, 2013.

In addition, I have attached the operating fund balances as of August 31, 2013 and August 31, 2014 which will demonstrate that during the most recent reporting of the operational period, i.e; Sept 1, 2013 to Aug 31, 2014.

Please notice the attachment that relates to Dec 31, 2011, the combined operational funds (General, Parks, LIT, and Hospitalization) totaled $22,730,324…please notice the attachment Dec 31, 2012, those funds previously mentioned totaled $15,667,010…please notice the combined operational funds, the same as mentioned above, for Dec 31, 2013 totaled $9,676,276. So, from January 1, 2012 to December 31, 2013, the operational funds declined by $13,054,048…as such, this 24 month period of time demonstrates that you were spending more than you are receiving in revenues by $543,919 per month [$13,054,048/24=$543,919]

In review of the previous twelve months ended August 31, 2014, the combined operating funds were upside down by $2,641,098 compared to the same period one year ago of a positive $2,389,957, or a decline of $5,031,055 or $419,255 per month over the past twelve months….

Lloyd, you can NOT sustained these declines in your operational funds. Russ, says that this is a timing issue…I strongly disagree. Over the 24 month period of time, from Jan 1, 2012 to December 2013, any timing issues would be resolved, then consider what has occurred from Sept 1, 2013 to Aug 31, 2014, plainly illustrates that you are paying the electric billing with your other funds, i.e. police and fire pensions, grants funds, the rainy day fund, roads and streets, and of course, the riverboat funds which were never intended to be used directly or indirectly for operations,

So, here’s the numbers: (SEE ATTACHMENTS) RE: THESE ARE YOUR NUMBERS as published by the Controller’s Office
(A) (B) (C)
Operational Funds Deficit Spending Operational Funds Balance Operational Funds Balance
@ Beg of Yr @ End of Yr

2012 $7,063,314 $22,730,324 $15,667,010

2013 $5,990,734 $15,667,010 $ 9,676,276

Fiscal Year Sept 1, 2013 to
August 31, 2014 $5,031,055 $ 2,389,957 $-2,641,098

So, as the reader can see, you have been averaging over the 24 months ending Dec 31, 2013 deficit spending of $543.919 ($7,063,314 + $5,990,734 = $13,054,048 divided by 24 months = $543,919 concerning your combined General, Parks & Recreation, Hospitalization, and Local
Option Income Tax. Actually, I did not divide the ending balances of the Local Option between what is used for Capital Expenditures and Operations. As you know, the LIT is also used for those sort of expenses for Capital Improvements, as well. Generally, spilt 60% operational and 40% Capital which understates the deficit spending in operations by more than I have calculated.

As such, your proposed reductions in the 2015 General Fund Budget of approximately 1,350,000, in the Local Option Income Tax of approximately 960,000, and a meager 35,000 in the Parks Fund covers only 35.9%% of your average deficit spending ($543,919 x 12 = $$6,527,028)… $1,350,000 + $960,000 + $35,000 = $2,345,000 divided by $6,527,028 = 35.9%…of course, I have not touched the hospitalization fund which, under the current conditions, is of suspect. By the way, Column A is determined by subtracting column B from column C.

So, it is very probably that if your budget is passed with your reductions as presented, other fund balances will erode by approximately 4.2 million. ($6.5 million less the reductions of $2.3 million) As you are aware, you are commingling other funds into ONE checking account in order to sustain this deficit spending which is not wise knowing that you have the hotel and IU Med school payments in the near future.

Please let me know if you have any questions.

Thanks,

John

ATTACHED ARE THE LINKS OF THE AUDITED OPERATIONAL FUNDS FOR THE CITY OF EVANSVILLE FOR YOUR REVIEW.  WE URGE OUR READERS TO SHARE THIS INFORMATION WITH THEIR CPA”S,  BOOKKEEPERS,  FISCAL OFFICERS, INVESTMENT BANKERS OR ANY OTHER INDIVIDUALS  THAT HAVE KNOWLEDGE OF  FINANCIAL  MATTERS.  WE LOOK FORWARD TO YOUR COMMENTS CONCERNING THIS ISSUE.

Evansville Audited Operational Funds – Dec 31, 2011

Evansville Audited Operational Funds Dec 31, 2012

Evansville Audited Operational Funds -Dec 31,2013

Evv Operating Funds – Aug 2013

Evv Operating Funds – Aug 2014

THIS ARTICLE WAS POSTED BY THE CITY COUNTY OBSERVER WITHOUT OPINON,  BIAS OR EDITING.

Unemployment rate ticks down in September but job numbers drop

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Courtesy of the Indiana Department of Workforce Development

By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Indiana’s unemployment rate dropped slightly in September, even as the state lost jobs overall.

Courtesy of the Indiana Department of Workforce Development

The seasonally adjusted rate stood at 5.7 percent last month, down 0.1 percentage points from August. The rate is significantly lower than one year ago when it stood at 7.3 percent.

The drop comes even as the private sector suffered a decline of 1,900 jobs in the state, led primarily by losses in the leisure and hospitality and the trade, transportation and utilities sectors.

Still, Indiana employers added 6,000 manufacturing jobs, a 1.2 percent increase over the previous month.

The Indiana Department of Workforce Development says that’s the largest one-month increase in manufacturing jobs in a decade and one of the highest in the nation. Since July 200, the low point of employment, the state has added 90,000 manufacturing jobs, which ranks Indiana among the top five in the nation.

Feds extend pre-K funding deadline but Pence still says no

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Gov. Mike Pence said Tuesday he still won’t apply for up to $80 million in preschool funding – despite an extended federal deadline and calls from several education officials.

Gov. Mike Pence signed a bill earlier this year to create a pre-K pilot program as 5-year-old Rosie Chavez and 4-year-old Tre Embry help with the pens that were later given to lawmakers who helped pass the bill. Photo by Lesley Weidenbener, TheStatehouseFile.com
Gov. Mike Pence signed a bill earlier this year to create a pre-K pilot program as 5-year-old Rosie Chavez and 4-year-old Tre Embry help with the pens that were later given to lawmakers who helped pass the bill. Photo by Lesley Weidenbener, TheStatehouseFile.com
Pence said he stands by a decision he made last week not to seek the grant funding, which could have tripled the annual funding for a pre-kindergarten program set to roll out next year in five counties.

The governor’s announcement came after State Board of Education members Gordon Hendry and Tony Walker and state Superintendent of Public Instruction Glenda Ritz issued public pleas for Pence to apply for the money.

“Gov. Pence has repeatedly stated his support for creating a high-quality system for early childhood education for Indiana,” Ritz said. “Now, Indiana needs his actions to back up his words.”

Ritz, Walker and Hendry are all Democrats but the latter two were appointed by Pence to serve on the State Board of Education.

The education reform group Stand for Children Indiana weighed in Tuesday as well. The group’s executive director, Justin Ohlemiller, said the grant “could set the stage for Indiana to potentially become a national leader in early childhood education.”

But Pence issued a statement Tuesday afternoon saying that “federal funding does not guarantee success.”

“This is not about the money,” Pence said. “It’s about our children and we have an obligation to get it right. Our administration will remain focused on the successful launch of the five county pre-k pilot program approved by the Indiana General Assembly earlier this year.”

Pence received criticism last week from some pre-kindergarten supporters for opting against the federal funds but some conservatives – particularly those who dislike federal intervention in schools – are supporting him. On Tuesday, federal officials extended the deadline to Wednesday.

Ritz called the three-year grant “a once in a decade opportunity.” And she said the Indiana Department of Education has spent hundreds of hours working with the Indiana Family and Social Services Administration to get the grant application ready.

“The work is done,” Ritz said. “All the application needs now is Gov. Pence’s signature. I am calling on Gov. Pence to do the right thing for Indiana’s students and families and submit this grant application.”

Indiana is in line to receive as much as $20 million annually from the preschool development grant, according to a notice filed in the Federal Register. The document lists Indiana as one of two states eligible for category one funding.

The state program will be funded with $10 million that Pence found in unused FSSA appropriations and does not have funding secured for future years. The five counties participating in the program were required to come up with matching funds, including some from private donations.

Business and education leaders have asked legislators to pay for an expansion of the program in the two-year budget they’ll write in 2015.

Ohlemiller said Pence needs to “continue his leadership on this critical issue.”

“Early indications are that Indiana has a great shot at success if it does apply,” Ohlemiller said. “That’s why we need to take advantage of this rare second chance to do right by our most vulnerable kids across the state.”

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

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