Home Blog Page 6526

IS IT TRUE February 19, 2014

93

IS IT TRUE we received many inquiries over the last several months from our readers concerning the accurate accounting of  all City of Evansville legal work?  …we have also been told by several county and city officials alike that we may be surprised to find out the real costs to out source all city legal work?

IS IT TRUE we understand that the attorney for the Evansville City Council and his part-time administrative assistant’s operating budget is a $77,000 for this year?

Mole #??
Mole #3  

IS IT TRUE if our memory serves us correctly,  the City Council approved about $600,000 for the city legal counsel for this year?  …we have also been told that this figure doesn’t include any general liability claims work, workman comp issues, bond council work, Evansville Airport Authority District work and ERC contracts?

IS IT TRUE posted below are copies of the “Freedom of Information Requests” submitted by the City Council Observer to the City Controller, Evansville Water and Water and Sewer Utilities Department and the Evansville Airport Authority?

IS IT TRUE the City County Observer just presented the City of Evansville Controller office a “Freedom of Information” request asking for the following information?

Please produce copies of checks or a listing of all payments made to all attorneys for legal services , including litigation, provided to the City of Evansville, the Evansville Water & Sewer Utility, the Evansville Metropolitan Development Department/Commission, the Evansville Redevelopment Commission, the Evansville Redevelopment Authority, the City of Evansville Board of Public Works, the City of Evansville Board of Public Safety, the City of Evansville Police Department, the City of Evansville Fire Department, the Evansville-Vanderburgh County Levee Authority District, the Evansville-Vanderburgh County Central Dispatch Department and the Evansville-Vanderburgh County Emergency Management Agency during 2012 and 2013.  In addition, please produce copies of checks or a listing of all payments made to attorneys who performed legal services relating to City of Evansville bond work concerning any of the above mentioned governmental entities, departments or agencies during 2012 and 2013

IS IT TRUE that the City County Observer just presented the City of Evansville-Water & Sewer Utility Department with a “Freedom of Information” request asking for the following information?

Mole
Mole

Please provide the City County Observer copies of checks or a listing of all payments made to all attorneys for legal services, including litigation, provided to the Evansville-Water & Sewer Utility during 2012 and 2013, including payment to any attorney for legal services relating to bond work during such years.

IS IT TRUE that the City County Observer just presented the Evansville Airport Authority District with a “Freedom of Information” request asking for the following information?

Please provide the City County Observer with copies of checks or a listing of all payments made to all attorneys for legal services, including litigation, provided on behalf of the Evansville Airport Authority District during 2012 and 2013.

IS IT TRUE once this information is made public we feel it  will be extremely helpful for City Council to discuss and decide either to continue to out source or require the legal work of the city to be done in house?

 

VANDERBURGH COUNTY FELONY CHARGES

0
 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.nick herman

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Thursday, February 13, 2014 and Friday, February 14, 2014.

 

2/13

Michael Charles               Criminal Recklessness-Class D Felonies (Two Counts)

Battery Resulting in Bodily Injury-Class A Misdemeanor

Possession of Marijuana-Class A Misdemeanor

Criminal Mischief-Class A Misdemeanor

 

Jon Randell Jr                    Domestic Battery-Class D Felony

 

Damien Wilder                 Invasion of Privacy-Class A Misdemeanor Enhanced to D Felony

 

Michael Salm                    Possession of a Schedule III Controlled Substance-Class D Felony

 

2/14

David Beyerstedt Jr        Domestic Battery-A Misdemeanor Enhanced to D Felony

Criminal Trespass-Class A Misdemeanor

 

 

John Driskell                      Possession of Methamphetamine-Class D Felony

Possession of Paraphernalia-Class A Misdemeanor

 

 

 

 

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at KPhernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

North Junior High to Celebrate Chinese New Year

0

EVSC

Today, Feb. 18

10:10 – 10:50 a.m. and 12:30 – 2:30 p.m.

North Junior High School, 15325 Highway 41 N.

 

Students at North Junior High will study China in a whole new light today as they celebrate the Chinese New Year with a host of fun activities, including a sampling of Chinese traditional foods, Chinese games, interpreting Chinese Zodiac symbols and much more.

Senate passes marriage amendment – without civil unions ban

25

By John Sittler and Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – The session’s hottest issue fizzled to a close Monday as the Indiana Senate passed a constitutional amendment to define marriage – but without the ban on civil unions that some conservatives had advocated.

State Sen. Mike Young, R-Indianapolis, said Monday that - with some exceptions - the best families are those that have a man and a woman as parents. Photo by Lesley Weidenbener, TheStatehouseFile.com

State Sen. Mike Young, R-Indianapolis, said Monday that – with some exceptions – the best families are those that have a man and a woman as parents. Photo by Lesley Weidenbener, TheStatehouseFile.com

That missing second sentence of the amendment means House Joint Resolution 3 will need to be approved again in 2015 or 2016 before it can go on the ballot for ratification by voters. But with public opinion shifting on the issue and courts increasingly ordering states to open their marriage laws, some opponents of the same sex marriage ban say the debate may be all but over.

“We may not have killed this thing completely,” said Jason Burle of Indianapolis, who came with his lesbian sister to the Statehouse to hold up signs during the debate. “But pushing it off another couple years means it’s essentially dead. And getting the second sentence out is a huge thing to us.”

Still, Andrew Downs, director of the Mike Downs Center for Indiana Politics at Indiana-Purdue at Fort Wayne, said Republican leaders will likely face “drastic pressure” to consider the measure again next year.

An opponent of a constitutional amendment defining marriage held up a bible and a sign outside the Indiana Senate chamber on Monday. Photo by Lesley Weidenbener, TheStatehouseFile.com

An opponent of a constitutional amendment defining marriage held up a bible and a sign outside the Indiana Senate chamber on Monday. Photo by Lesley Weidenbener, TheStatehouseFile.com

The Senate voted 32-17, with Democrats making up most of the opposition. A few Republicans voted no, some because they were so disappointed in the decision – made in the Indiana House – to remove the civil unions ban.

Sen. Mike Delph, R-Carmel, said the proposal now does little – if anything – to legally protect traditional marriage. That led him to vote no.

“If we can’t get the marriage amendment to the people now, I’m not convinced we ever will,” Delph said. “And we need to bring this issue to closure.”

Sen. Scott Schneider, R-Indianapolis, told his colleagues that the resolution “is not strong enough” to protect marriage in the courts. But, he voted for it, saying that “at the end of the day, I just cannot bring myself to vote against some semblance of language within our constitution that states that marriage is between one man and one woman.”

The Indiana Senate voted 32-17 to pass a constitutional amendment that defines marriage as the union of a man and a woman. The amendment must pass again in 2015 or 2016 to go on the ballot for ratification. Photo by Lesley Weidenbener, TheStatehosueFile.com

The Indiana Senate voted 32-17 to pass a constitutional amendment that defines marriage as the union of a man and a woman. The amendment must pass again in 2015 or 2016 to go on the ballot for ratification. Photo by Lesley Weidenbener, TheStatehosueFile.com

Outside the chamber, opponents of the marriage amendment cheered Democrats who spoke against the measure. And after the vote, they declared victory, even as they acknowledged there could still be a fight ahead.

Downs said a strong campaign against the amendment and the “everyday conversations” that lawmakers had with Hoosiers played a significant role in lawmakers’ decisions to dilute the amendment.

“Almost every legislator that changed their vote said there was a conversation that helped to change their mind,” Downs said.

In 2011, the General Assembly approved the amendment with the ban on both same-sex marriages and civil unions. If the identical language had passed this year, the measure would have gone on the ballot for ratification by voters this year.

Instead, the amendment process now begins again.

“We can finally breathe a collective sigh of relief that lawmakers are finished with the amendment this session and it will not appear on the ballot this November,” said Megan Robertson, campaign manager for Freedom Indiana, a coalition of businesses and organizations that opposed the constitutional amendment.

“We are grateful that the deeply flawed second se

Sen. Greg Taylor, D-Indianapolis, compared the same sex marriage debate to questions decades ago about laws banning interracial marriages. Photo by Lesley Weidenbener, TheStatehouseFile.com

Sen. Greg Taylor, D-Indianapolis, compared the same sex marriage debate to questions decades ago about laws banning interracial marriages. Photo by Lesley Weidenbener, TheStatehouseFile.com

ntence was removed by the House and kept out by the Senate,” Robertson said. “And we encourage Hoosiers to thank those lawmakers who showed the courage this session to make sure Indiana didn’t wind up on the wrong side of history.”

A number of lawmakers invoked history as they debated the amendment Monday. Sen. Greg Taylor, D-Indianapolis, compared the same-sex marriage issue to civil rights battles involving race. Taylor, a black man, said his marriage to a white woman would have been illegal decades ago. He said the younger generation will soon look at the same-sex marriage debate the way lawmakers are looking back now at laws against interracial couples.

“How would you have felt if we were arguing that point today?” Taylor said. “That’s what these kids are going to have to argue if we put this in our constitution. It’s not fair to them.”

And Senate Minority Leader Tim Lanane, D-Anderson, said the amendment will come under fire in the courts regardless.

“We could put this in our state constitution 25 times in bold black capital letters and it will do nothing to preserve it from an attack in federal courts because it violates the United States Constitution equal protection clause,” Lanane said.

But Sen. Jim Tomes, R-Wadesville, said he felt an “obligation” to vote for the amendment.

“It’s a moral issue. It is for me,” Tomes said. “Am I so wrong to let that guide me? I think not. I’m going to answer to the supreme legislator. We all are one of these days.”

John Sittler is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Vanderburgh County Recent Booking Records

0
 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
ADAM CHRISTOPHER HARTLEY
Race: White / Sex: Male / Age: 37
Residence: 1825 WOLVERINE DR EVANSVILLE , IN
Booked: 2/17/2014 11:59:00 PM
CHARGE BOND AMT
BATTERY-SIMPLE ASSAULT OTHER [AM] 100
Total Bond Amount: $100
JARED CADE SEYMOUR
Race: White / Sex: Male / Age: 29
Residence: 4105 FRISSE AVE EVANSVILLE , IN
Booked: 2/17/2014 10:13:00 PM
CHARGE BOND AMT
WRIT OF ATTACHMENT 500
BATTERY-HFF DOMESTIC PRESENCE OF CHILD < 16 [DF] 0
Total Bond Amount: NO BOND
BRIAN KEITH MCBRIDE
Race: White / Sex: Male / Age: 40
Residence: 8449 MIDDLE MOUNT VERNON RD EVANSVILLE, IN
Booked: 2/17/2014 5:56:00 PM
CHARGE BOND AMT
TRAFFIC-OPERATE HTV [DF] 0
Total Bond Amount: NO BOND
LENOARD DEWAYNE MARTIN
Race: Black / Sex: Male / Age: 26
Residence: 4307 FRISSE AVE EVANSVILLE , IN
Booked: 2/17/2014 5:35:00 PM
CHARGE BOND AMT
RAPE- [BF] 5000
SEX-CRIMINAL DEVIATE CONDUCT [BF] 0
Total Bond Amount: $5000
BETTY E KAJIEON
Race: Asian/Pacific Island / Sex: Female / Age: 43
Residence: 12840 KINGSLEY CT EVANSVILLE , IN
Booked: 2/17/2014 5:34:00 PM
Released
CHARGE BOND AMT
WRIT OF ATTACHMENT 500
Total Bond Amount: $500
JACQUELINE ROSE THOMAS
Race: White / Sex: Female / Age: 21
Residence: 3910 COVERT AVE EVANSVILLE , IN
Booked: 2/17/2014 3:33:00 PM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
CASSANDRA FAYE MOSSBERGER
Race: White / Sex: Female / Age: 29
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 2/17/2014 12:02:00 PM
CHARGE BOND AMT
THEFT-SHOPLIFTING THEFT OTHER <200 [DF] 0
NARC-POSS PARAPHERNALIA [AM] 100
Total Bond Amount: NO BOND
JASON CHARLES SMITH
Race: White / Sex: Male / Age: 30
Residence: 1008 VINE ST EVANSVILLE , IN
Booked: 2/17/2014 10:32:00 AM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 500
Total Bond Amount: $500

IS IT TRUE February 18, 2014

65
Mole #??
Mole #??

IS IT TRUE that the full moon last week must have had a scary effect across the City of Evansville with one landlord threatening a late paying tenant with a gun over $150?…we are sure there is more to the story than just that as several people on the CCO staff have attempted the landlord route to riches unsuccessfully and know just how maddening a bad tenant can be, be mercifully none of us has ever pulled a gun to collect the rent?…the other “blame it on the moon” moment occurred out on Allens Lane where 65 (yes 65) underage boozers had their party disrupted by the long arm of the law?…that yesterday’s EPD Activity Report annoyed some of our readers because so many names were redacted?…that may just be what happens with underage citations?

IS IT TRUE the weather is finally sending some warmth our way and the dangers that come with being below freezing at night and above freezing during the day are disrupting life in SW Indiana?…this is the kind of weather that leads to black ice on the roads and sniffles in the nose?…we urge all of our readers to be very careful when driving but to get in the mood for spring as it is nearly upon us?…with the thawing of the ground the last weather related excuse to delay the golden shovel moment down at the convention hotel lot will soon be gone?…if a golden hardhat and golden shovel moment is not scheduled soon we can all start to believe there may just be trouble in financing paradise?

IS IT TRUE the eyes of the labor world were focused on Chattanooga, Tennessee last weekend where there was a vote of the workers at the Volkswagen plant on whether or not to “hire” the United Auto Workers (UAW) to represent the workers in negotiations with the company?…some of the campaigning got fairly ugly with a billboard in town referring to the UAW as “the beast that killed Detroit” and veiled threats to stop planning for a plant expansion?…despite these campaigns that were not initiated by the Volkswagen Corporation, the company was open and allowed the UAW free reign to speak with workers about what forming a union would do for them?…the driving force behind Volkswagen’s cooperation with the UAW was the desire of the company to establish Euro style work councils?…in spite of a friendly company in the end the workers voted down the opportunity to bring in the UAW by an 80 vote margin dealing the UAW a harsh blow in its efforts to move south to a right to work state along with most of the auto manufacturing jobs in the USA?…it has been widely reported that the workers at VW Chattanooga enjoy good pay scales that are comparable with the younger workers at UAW plants and were just not convinced that the UAW would have made their lives better?…in cases like this if the UAW is to survive they will have to show the value proposition of joining to be better than not joining?

IS IT TRUE the top five cities in America for creating middle class manufacturing jobs from 2007 – 2012 includes in order Austin, TX; Houston, TX; San Antonio, TX; Dallas, TX; and Oklahoma City, OK?…the growth of manufacturing in these cities ranged from 2.1% to 7.6%?…these cities all have a couple of things in common and we invite our readers to figure these things out an post comments?…Indianapolis was 10th on the list with a negative growth rate of 1.1% and was the only northern city named in the top ten?…when both 9th and 10th best is a negative number this country has a serious problem when it comes to expanding manufacturing?

IS IT TRUE the list of the five American states that people are fleeing for other locations includes in order: New Jersey, Illinois, New York, West Virginia, and Connecticut?…these five states also have some things in common with one another that contribute to their former residents taking refuge elsewhere?…we invite our readers to opine at will about why people are leaving these places in droves?…while West Virginia is an outlier along with Kentucky (#7 on the list) that have seen jobs in the coal industry disappear, the other four states have some very similar features that repel jobs and people?…we are quite curious to hear what our readers have to say about this great migration of people?

IS IT TRUE we have just been informed by an official at the Vanderburgh County Election Commission that former City Councilmen Keith Jarboe disband his election committee in 2010, John Paul Josey disband his committee in 2013 and Evansville City Clerk Laura Brown filed her report on time in January?  …Vanderburgh County Election Commission officials admitted that they made an error when they included Mr. Jarboe, Mr. Josey and City Clerk Laura Brown names in the delinquent list files they sent CCO by mistake?  …if we are informed of any other errors posted on this list sent to the Vanderburgh Election Commission we shall publicly announced them?

Are You Eating a Beige Diet? Put Some Color on Your Plate!

3

21stCENTURY-HEALTHCARE_LOGO2

By

Roy M. Arnold, MD

“Eat your vegetables,” says Mom. Unfortunately, Mom’s chiding doesn’t have nearly enough effect, particularly when we grow up and leave Mom’s table. A recent walk-through at the dining facility of local university revealed that over 85% of the students were eating an inadequate diet. All or almost all of the food items were beige or brown – Ramen noodles, Mac and Cheese, rice, mashed potatoes, french fries and chicken fingers. This type of diet if eaten every day is deficient in antioxidants, vitamins and micro nutrients. The menu options contained a myriad of healthy choices leading the observer to believe the students intentionally omitted the healthy items.

These nutritional elements are vitally important to good health, and maintenance of a healthy weight. The absolute best way to obtain these is to put some color on your plate by eating vegetables that are colorful. Here are some examples: Tomatoes and red bell peppers are rich in vitamin C, carotenoids and lycopene; Spinach and kale are packed with almost every essential vitamin and nutrient. Don’t be seduced by their useless cousin lettuce, which contains almost no nutrition. Carrots, sweet potatoes and squash are loaded with antioxidants, vitamins A and C and anti-inflammatories. Broccoli and brussels sprouts are loaded with folic acid and immune system boosters. Finally, eggplant contains unique compounds that may reduce the risk of stroke and dementia. Fresh or frozen fruits, if eaten whole can provide similar levels of nutrients. Apples, pears, bananas and all types of berries are loaded with antioxidants, vitamins and nutrients.

“Wait,” you might say, “I take a daily multivitamin. That replaces eating a healthy diet doesn’t it?” Not hardly. In December of last year the news reports were ablaze with the results of two large long-term health outcomes trials pitting multivitamins against placebo. Both studies showed no benefit in health risks among the vitamin group. Daily multivitamins did not reduce heart attacks, stroke, cancer, arthritis or Alzheimer’s. The only factors that made a difference were diet and exercise. People who eat a healthy diet and exercise 3 times per week were less likely to suffer health complications. The major beneficial effect of multivitamins and nutritional supplements was to transfer money from your pocket to that of the vitamin manufacturers.

“I’m busy. I don’t have enough time to eat right. I’ll just go to the drive-through.” Good luck with that. I timed preparation of my breakfast this morning. From refrigerator to table took 6 minutes which is about half the time required to go through the drive-through at the local fast-food restaurant. Here’s what I had – 2 fresh eggs fried in coconut oil, with chopped bell pepper and ham, served with half an avocado. A banana, spread with natural peanut butter and Sriracha hot sauce. Total cost – $1.16. An Egg McMuffin with hash browns at the drive-through would have cost over $2.50 in case your next objection was going to be that eating healthy is more expensive.

Studies published last year indicated that eating a healthy diet versus a typical American diet costs just $1.50 per day more, or $550 per year. That pales in comparison to the cost of poor health in lost earning power, disability and health care costs. The majority of the cost variance was in purchasing leaner and healthier protein, such as fish or chicken instead of ground beef.

Just because I’m pro-vegetable and fruits doesn’t mean I’m trying to turn the world to veganism. Humans need a significant amount of protein in their diets. The highest quality protein in my humble opinion comes from eggs, fish, poultry and lean red meats. Avoid processed meats like bologna, salami, pepperoni, potted meat and smoked sausage. Who knows what was ground up in them?

Pre-portioned frozen entrees can be treacherous, too. Even if the label says, low fat, organic or all natural, the ingredients include sugar and all its co-conspirators such as high fructose corn syrup, agave nectar, evaporated cane juice and dextrose. Better to cook something fresh than consume one of those.

In summary, colorful fruits and vegetables provide valuable nutrients to support good health. Coupled with lean protein, they can provide a healthy diet leading to better overall health and weight loss. As always consult your personal health provider before undertaking a weight loss or exercise program.

 

Judges: No credit time for repeatedly violating supervised release

0

indianalawyer

by Jennifwr Nelson for www.theindianalawyer.com

In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).

The issue arose in United States of America v. Steven J. Perry, 13-2182, in which the District Court in South Bend sentenced Steven Perry to a 5-year term of imprisonment as well as a 10-year term of supervised release in 2013. This was the second time Perry had violated the terms of his supervised release imposed in 2005 based on his 2003 offense. The probation officer mistakenly stated in his report that Perry was subject to the statutory minimum five-year term of imprisonment mandated by the current version of Section 3583(k).

But this was an error, the 7th Circuit held, because Perry was subject to the version of this statute in effect at the time of his initial offense. That version of Section 3583(k) authorized a maximum sentence of only two years; the amended version the probation officer relied on did not take effect until July 27, 2006, and is not retroactive.

Perry argued that this maximum two-year term of imprisonment should be reduced by three months that he served in prison in 2009 for a prior violation of his supervised release. The statute he relies on 18 U.S.C. Section 3583(e)(3) was amended in 2003 to include the phrase “on any such revocation.” Before the amendment was added, the Circuit courts interpreted this statute to allow credit time toward the maximum term of imprisonment authorized by statute. But since that amendment, every appellate court to address this issue has determined that language eliminates the credit time. The 7th Circuit agreed with its fellow Circuit courts.

The judges remanded for the District Court to sentence Perry to no more than two years imprisonment and to determine his conditions of supervision.