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THE NEW HARMONY GAZETTE – SPECIAL FACT PAPER MARCH 2024

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THE NEW HARMONY GAZETTE – SPECIAL FACT PAPER MARCH 2024

“LET JUSTICE ROLL DOWN LIKE WATER, AND RIGHTEOUSNESS LIKE A MIGHTY

STREAM!” – KING JAMES BIBLE – THE PROPHET AMOS

The New Harmony Gazette – Publisher Dan Barton

Amos – A Prophet from the Old Testament- He was the shepherd of Judah who spoke about the social injustice and economic inequality in the Kingdom Of Israel around 760 B.C.. He explains to exiled Israelites why they were punished and warns Judahites not to fall into the same trap.

His warnings would seem appropriate to us Americans today!

In the January 2024 edition of The New Harmony Gazette, two questions were posed to Posey County Prosecutor Thomas Clowers; 1) Has incarcerated murder suspect Austin Kusturin been injured in any way at the Posey County Jail and what is his present state of health? Prosecutor Clowers did not answer that question, he would only describe Publicly Paid Defense Attorney Glenn Gramp’s state of health. 2) Was it a shotgun that was used to kill Elizabeth and John Hall? Prosecutor Clowers flatly refused to answer that question behind Indiana Code 5-14-3-4(b)(1). That same question was posed to Prosecutor Clowers a year before and he didn’t give any answer to it.

Now, I find in the public court record that Mr. Clowers states on February 23, 2024, and requested the following: That in the Court’s (Judge Goedde’s) Preliminary Instructions (To The Proposed Jury) (“To Strike”) No. 9 and No. 10, paragraph 4 of each, that the wording “while (defendant) armed with a deadly weapon and it results in serious bodily injury to a person (Elizabeth and John Hall) other than a defendant” be stricken.

As a Layman observer of the proceedings that have gone on for the past more than two years, I find this development outside my realm of understanding! If this means that the jury is not to be told that the defendant was armed with a deadly weapon, then how was he supposed to have murdered Elizabeth and John Hall, I wondered? It would seem to me that if Austin Kusturin did commit the murders, as he is charged, how did he do it?

Prosecutor Clowers has already offered the defendant several plea deals for Life Without Parole in this case, dropping the Death Penalty threat, on three separate occasions, July 25, 2022, September 14, 2022, and January 18, 2023, without an acknowledgement from the defendant.

And now, it seems, Prosecutor Clowers is asking Judge Goedde to keep the jury uninformed about the use of a deadly weapon. Does he think that can get a conviction on his charge of murder without the jury knowing that the defendant was armed with a deadly weapon, I thought?

If so, and without a deadly weapon, then how did the murder happen? Why did Prosecutor Clowers make such a proposal to the Circuit Court Judge? It looks like we may all have a lot to learn!

I wrote a letter to Prosecutor Clowers regarding my lack of understanding regarding this matter and here is what we said:

Dear Prosecutor Clowers: February 27, 2024 “It has come to my attention that with the upcoming proposed Jury Trial of Austin Kusturin a new development has taken place from your office that I need to clarify before I do my next story on this case. It is always my objective to offer you the opportunity to make a clear statement on any new development before a story is written and published for the public’s perusal.

“I am advised that you have requested from Circuit Court Judge Craig Goedde to “Strike” from the Court’s Preliminary Instructions to the Jury, instructions 9 and 10 of Paragraph 4 of each, that the wording “While Armed with a Deadly Weapon and it results in Serious Bodily Injury to a a person other than the defendant” be made.

“Is it True? Will the jury be denied the information regarding the use of a deadly weapon by the defendant in these two horrendous murders?

“Do you expect to get a murder conviction in this case without the jury knowing how they were slain? “If not a shotgun, then please explain to me how exactly they were killed?”

Yours, Dan Barton.

On February 28, 2024, Prosecutor Clowers responded to my inquiry, he said: From Prosecutor Thomas Clowers, To Dan Barton:

“The changes to the jury instructions you reference will NOT have any impact on what evidence is presented to the jury. The changes simply bring the instructions in conformance with what the law requires.

“The jury will also be instructed on all other charges filed against Mr. Kusturin, including multiple counts of Murder, Burglary, Robbery Resulting in Serious Bodily Injury, Unlawful Possession of a Firearm by a Serious Violent Felon, as well as the following sentence enhancements: Life Without Parole, Habitual Offender and Felony Firearm Enhancement.

“You should review the instructions in their entirety to have a better understanding.”

Thanks.

Dan Barton” ‘ Response to Prosecutor Clowers:

“Thanks for your description. I would like to review the instructions more fully. Please send them to me at the New Harmony Gazette.”

From: Prosecutor Thomas Clowers to Dan Barton:

You will need to request a copy of the court’s jury instructions from the court.

From: Dan Barton to Prosecutor Clowers:

I don’t have a contact at Judge Goedde’s office, but it’ll wait. I will run what I’ve got with your

explanation. Thanks.

As this case is still in the pre-trial phase The New Harmony Gazette is taking steps not to

involve Judge Craig Goedde in this discussion, but to simply put before the reading public the

conversation on the matter that took place between Prosecutor Clowers and Publisher Dan

Barton.

After the trial is completed, if it seems necessary, The Gazette will then contact Judge Goedde

for the jury instructions that Prosecutor Clowers refers to. It’s a learning process for most of us,

FOOTNOTE: The City-County Observer posted this article without bias, opinion, or editing.

BOARD OF PARK COMMISSIONERS REGULAR MEETING

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BOARD OF PARK COMMISSIONERS

REGULAR MEETING

ROOM 301 CIVIC CENTER COMPLEX

WEDNESDAY, MARCH 6, 2024

12:00 NOON

 AGENDA

1.      CALL TO ORDER

2.      MEETING MEMORANDUM   FEBRUARY 21, 2024

3.      CONSENT AGENDA

         a. Request Re: Permission for Swonder Ice Arena to host a Sensory Skate on the first Sunday of the month. April -August  $5.00 includes admission and skate rental.- Mitchell      

         b. Request Re: Approve and Execute Park Property Reserve Use Permit with Funk in the City 

             for an Art Festival at Haynies Corner on May 18, 2024 and September 28, 2024.- Crook

         c. Request Re: Approve and Execute Land Use Agreement with Reitz High School Boys Lacrosse

             at Howell Park/ EJFL Football Complex.- Crook   

         d. Request Re: Approve and Execute Agreement for Facility Use and Services with the YMCA for Adult Volleyball Leagues. – Bedwel

4.     OLD BUSINESS 

         N/A

5.      NEW BUSINESS          

         a. Request Re: Open bids for Kley Building Improvements. – Beck

         b. Request Re: Permission to seek quotes for Takin Barn Roof replacement at Mesker Park Zoo 

             & Botanic Garden.- Beck

         c. Request Re: Permission to seek quotes for Paving in various areas of Mesker Park Zoo

             & Botanic Garden.- Beck

         d. Request Re: Permission to offer Field Trip Friday events for Non-Profit groups.- Crook   

         e. Request Re: Permission to assign the Swonder Pro Shop Vendor Agreement to Anna Marie Robb 

             and Robert Lee Robb, Jr., d/b/a Blade & Puck. -Lord

         f. Request Re: Any Other Business the Board Wishes to Consider and Public Comment.

6.      REPORTS  

         a. Danielle Crook- Executive Director           

7.      ACCEPTANCE OF PAYROLL AND VENDOR CLAIMS

8.      ADJOURN

USI to offer array of eats, treats and music at Solarpalooza

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The University of Southern Indiana is excited to offer a full line up of local food trucks and music during Solarpalooza, happening Monday, April 8 on campus.  

Brisket Biscuit, Bowlify Super Foods, Dawgs on the Ohio, Chino Taco, Steve’s Oink n Squeel BBQ, Paradise Pizza and Kona Ice will be serving eats and treats from 11 a.m. to 3 p.m. between the Liberal Arts Center and University Center West. 

USI’s own award-winning and student-led radio station, 95.7 The Spin, will be spinning tunes beginning at 11 a.m. Patriotic Soul will perform rock and country hits intermittently from 11:30 a.m. to 2:30 p.m. The Boom Squad will be on campus for multiple performances at 11:45 a.m., 12:15 p.m. and 3 p.m. HOT 96.1 FM will also be on campus as the event’s premier radio partner. All live performances will happen outside of Rice Library on The Quad. 

For exact locations of all happenings, browse the USI Solarpalooza Map. 

USI will host Solarpalooza Sunday and Monday, April 7-8, beginning with a talk by trailblazing electrical engineer and retired NASA astronaut Joan Higginbotham, at 7 p.m. Sunday, April 7 in the Screaming Eagles Arena, followed by a full day of experiential learning and engagement on Monday, April 8, the day of the eclipse.   

Rumours: A Fleetwood Mac Tribute returns to the Victory Theatre on Sept 27th!

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TICKETS GO ON SALE FRIDAY, MARCH 8TH AT 10AM!

Evansville, IN–  Rumours: A Fleetwood Mac Tribute returns to the Victory Theatre on Sept 27th. Formed in 2014, Rumours (also known as Rumours ATL) has taken the U.S. by storm with their stage scorching renditions of Fleetwood Mac songs. Fans from across the nation claim that Rumours is the band to see if you are looking for an authentic recreation of live Fleetwood Mac shows.

In just under 7 years, Rumours has landed themselves the reputation of being the best Fleetwood Mac Tribute band and additionally has made fans internationally. In the summer of 2019, Rumours was invited to play a week in The Netherlands at some of the top venues and festivals in the country. The success of that tour brought them attention from plenty of new fans and promoters and they will be returning in 2020. Specially crafted shows and not one detail left behind, Rumours continues to sell out some of the top venues in the United States and gain fans at each show.

          Rumours is fronted by Mekenzie Zimmerman (Stevie Nicks vocals), Adrienne Cottrell (keyboards and Christine McVie vocals), and Denny Hanson (guitar and Lindsey Buckingham vocals). John Spiegel on lead guitar, Jim Ramsdell on bass, and Daniel Morrison on drums makeup one of the best live band performances you will see at any show. The band prides themselves on being the most authentic Fleetwood Mac Tribute without coming across as a parody or a bore of a show. They will make you dance, sing along at the top of your lungs, and you’ll even learn something new about Fleetwood Mac at each performance.

Rumours will leave you wanting more. Rumours will make you relive those Fleetwood Mac memories.

Do you believe in miracles and the ways of magic? Rumours does.

Humrichous named State Farm MVC Scholar-Athlete of the Year

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UE star has a perfect 4.0 GPA at UE

 

  1. LOUIS – Ben Humrichous of the University of Evansville has been selected the State Farm MVC Scholar-Athlete of the Year recipient, and he highlights a list of 14 student-athletes honored as part of the 2024 Missouri Valley Conference Men’s Basketball Scholar-Athlete Teams, announced today by the league office. Voting was conducted by league’s sports information directors.

Humrichous holds a 4.0 grade point average while pursuing his Master of Science degree in Leadership. He earned his bachelor’s degree in Mathematics from Huntington (Ind.) University, achieving a 3.93 cumulative grade point average. Humrichous leads the Aces in scoring and three-pointers made this year and is second for his team in rebounding and blocked shots.

He is joined on the first-team unit by Trent Brown of Southern Illinois; Filip Skobalj of UIC; Connor Hickman of Bradley; Cade Tyson of Belmont; and Quincy Anderson of Murray State.

Humrichous is the third Purple Aces player to receive the honor joining Jason Holsinger and Colt Ryan.  Holsinger was the MVC Scholar-Athlete of the Year in 2009 while Ryan earned the nod in 2012 and 2013.

The criteria for the MVC Scholar-Athlete Team voting parallels the CSC (College Sports Communicators) standards for Academic All-America nominations. Student-athletes must be at least a sophomore academically and athletically and must be enrolled at their institution at the time of nomination either as undergraduates or graduate students. [The 12-month residency requirement for undergraduate transfers is no longer required.] An undergraduate student-athlete must have at least a 3.50 cumulative grade point average (on a 4.0 scale), and a graduate student-athlete must have at least a 3.50 cumulative grade point average (on a 4.0 scale) as both an undergraduate and a grad student unless they are in their first semester as a graduate student and don’t have an established graduate GPA.

USI lose slugfest to end series

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20240227_USI Baseball vs Ball State_

EVANSVILLE, Ind. – University of Southern Indiana Baseball lost a slugfest with the University of St. Thomas (Minn.), 7-6, Sunday afternoon at the USI Baseball Field. USI is 4-7 to start the season, while St. Thomas goes 5-6.
 
USI, which won its second-straight weekend series, found itself down 2-0 after the first half and rebounded to take a 3-2 lead on an RBI-single by junior catcher Joe Ricchio (Pleasant Prairie, Wisconsin) in the bottom half of the inning. The Tommies regained command in the top half of the second with a four-run rally to lead, 6-3.
 
USI would rebound once again with a three-run frame of its own, tying the 6-6 on a RBI-ground out by junior first baseman Thomas Emerich (Ava, Missouri). St. Thomas jumped back in the lead with a single tally in the top of the fourth to take a 7-6 advantage.
 
After 13 runs in the first three-and-a-half frames, bats on both sides went silent and leaved the game with a 7-6 final.
 
On the mound, junior right-hander Peyton Brown (Clemons, North Carolina) took the loss for the Eagles. Brown (0-1) allowed seven runs, five earned, on six hits and a walk in two-plus innings of work.
 

Softball completes Low Country Classic

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Aces drop finale to Buffalo

 

CHARLESTON, S.C. – Sunday’s finale of the Low Country Classic saw the University of Evansville softball team drop a 13-6 game to Buffalo.

The Bulls opened the game with 6-spot in the top half of the first inning, chasing UE starter Mikayla Jolly after just 2/3 of an inning.  Tianna Williams and Alyssa Wasielewski each had 2-RBI hits in the frame.  Three runs in the third and two more in the fourth extended the UB lead to 11-0.

Evansville got on the board in the bottom of the fourth when Jess Willsey hit a leadoff home run to left center.  Marah Wood and Hannah Hood each posted hits in the inning with Brooke Voss later picking up a RBI.  Zoe Frossard drew a bases loaded walk for the fourth run of the frame before Willsey singled with two outs to make it an 11-5 game.

In the fifth inning, both squads scored a single run with UE’s coming from a Hood single.  The final run for the Bulls scored and that would make it the final of 13-6.  UB out-hit the Aces by an 18-7 margin with four different players picking up three hits apiece.

Willsey recorded three of the Purple Aces’ seven hits.  UE is home on Wednesday for a 3 p.m. doub

Trailblazer Track and Field brings home three National Championships

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GAINESVILLE, Fla. – The Vincennes University men’s and women’s Track and Field teams had another outstanding showing Friday and Saturday at the 2024 NJCAA Indoor National Championships in Gainesville, Fla.

VU freshman pole vaulter Sophia Amaral got things started on Friday by winning the pole vault National Championship by clearing a height of 4.01 meters.

Sophomore Desroy Jordan picked up the second National Title for the Trailblazers Saturday in the 600 meter dash, qualifying Friday with a time of 1:18.44 before coming back even faster Saturday with a time of 1:17.31.

Sophomore Olegs Kozjakovs was the third VU event winner over the weekend putting together a stellar weekend to claim the top spot in the heptathlon.

Kozjakovs got off to a fast start in the first four events Friday, winning the shot put with a throw of 15.02 meters and placing second in the long jump at 7.03 meters.

Heading into the final three events of the heptathlon, Kozjakovs was in second place with a total of 2,954 points.

Kozjakovs would get a massive boost Saturday with an outstanding performance in the pole vault event, clearing a height of 5.00 meters to earn a massive 910 points, jumping him into the top spot on the leaderboard.

Olegs closed out the heptathlon by placing sixth in the 1,000 meters with a time of 2:52.95 earning 735 points and finishing the weekend with 5,327 points to claim the National Championship.

Kozjakovs wasn’t done there however, as Olegs would claim two-time All-American status Friday in the pole vault event as well, placing second after clearing a height of 4.79 meters.

Sophomore vaulter and 2023 Indoor National Champion Julia Amaral would also pick up her third All-American honor Friday, placing eighth in the women’s vault with a height of 3.31 meters.

Sophomore Isaac Stanford (Flora, Ill.) just missed out on the podium in the 1000 meters, finishing 10th with a time of 2:28.40.

Stanford would then turn around and compete in the men’s Distance Medley Relay with freshmen Brahym Sakka (Tunisia), Clinton Laguerre and Tanner Spence (Carmi, Ill.) to place 15th with a time of 10:18.40 and close out the weekend Saturday in the 4×800 relay along side Sakka, Spence and freshman Bryaun Manuel (East St. Louis, Ill.) and place ninth with a time of 7:51.71.

Freshman Emilly Barbosa (Sao Paulo, Brazil) also served as a triple threat for the Blazers over the weekend, competing individually in the 1,000 meters and placing 17th with a time of 3:05.20 before joining freshmen Zinzile Gumpo, Jasmyn Self (Casey, Ill.) and Adi Fuller (Evansville, Ind.) in the Distance Medley Relay to place 12th with a time of 12:58.32.

Barbosa capped off the busy weekend Saturday in the 4×800 relay with Fuller, Self and freshman Grayson Haynes (Sebree, Ky.) with the team placing 13th with a time of 10:25.48.

Freshmen Olamipo Ladipo and Tumaini Skinner rounded out the Trailblazer finishers, competing in the 200 meters with Ladipo placing 32nd at 22.01 and Skinner finishing 37th with a time of 22.48 seconds.

The men’s 4×400 relay team also competed Saturday but were unfortunately disqualified for running outside of their lane and unable to post a time.

Overall, the VU men’s team placed 10th after earning 27 points and the VU women’s team placed 23rd with 11 points, very good showings for both teams.

“We had a very exciting weekend at the NJCAA Indoor Championships this weekend,” VU Head Track and Field Coach Marty Rogier said. “It started with Olegs being named the Midwest Region Field Athlete of the Year for the Indoor Season. That’s a really big honor coming from our Region.”

“The men’s team had a great showing, finishing in the top 10,” Rogier added. “Our program had three National Champions with Sophia, Desroy and Olegs all claiming the top spot on the podium. In addition to that, we earned two more All-American honors and broke two school records. To compete at this meet is such a thrill because the level of competition is so high. The quality and depth of talent was probably one of the best in this championship’s history.”

“Our sister tandem from Brazil, Sophia and Julia, got us off to a good start Friday in the pole vault where they scored our only points on the women’s side,” Rogier said. “Sophia, once again, dominated the meet, clearing 4.01 meters, easily surpassing the second place finisher by over a foot to win her first National title.”

“Julia, last year’s National Champion, added an eighth place finish to earn her third All-American award over the past year,” Rogier added. “I’m very excited for outdoor season to see what the girls might do when they get a little wind at their back.”

“Saturday Desroy ran a brilliant race to win the 600 meters in dramatic fashion,” Rogier said. “He closed in the last 150 meters to pass the two top ranked athletes in the country to capture his first National Title. It was really exciting to see Desroy get a championship of his own. Desroy was ranked fourth in the 600 and seventh in the 400 prior to this weekend, so it was a tough decision to decide which race to go after because the sprints are extremely competitive at this level. I wish I could say it was great coaching, but Desroy is a fierce competitor and has the ability to measure up to others during a race and just close the door at the right time. It was a well-deserved win.”

“Olegs was again just outstanding,” Rogier said. “Friday was the first day of the Heptathlon, where he competed in the 60 meter sprint, long jump, shot put and high jump. He was in second place at the end of the first day’s events but wasn’t done. After hat five hour event, he competed in the open pole vault competition. We were not sure about trying this difficult double but the schedule provided the opportunity and he managed to tie for second place in a very good competition, clearing 4.79 meters. I was hoping that he might pull off the win but it was a lot to ask of him to compete in five events in one day.”

“He returned Saturday for day two of the Heptathlon sitting in second place with three events left,” Rogier said. “It started a little rough with the hurdles, where he dropped to fourth place in overall points. But he rallied back in the second event, which was his specialty, the pole vault. He got it going and cleared five meters, which was higher than the winning height in the open competition. That big point total put him in the lead with only the 1000 meters left. The 1000 meters is not exactly Olegs’ favorite event and he had to stay within 15 seconds of his closest competitors. He gutted it out and closed out the event with 5,327 points, beating Harry Crosby of South Plains by only 50 points.”

 

Eagles go 2-0 on Sunday at The Spring Games

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MADEIRA BEACH, Fla. – In its second day of competition at The Spring Games in Florida, University of Southern Indiana Softball swept its two games on Sunday with a 7-6 walk-off win against Monmouth University and a 3-0 shutout victory against Sacred Heart University.
 
Kicking off the day against Monmouth (5-15), USI (5-9) took advantage of early opportunities in the bottom of the first inning. With the bases loaded, the Screaming Eagles earned back-to-back RBI walks before a sac fly to take a 3-0 lead. Southern Indiana added two more runs in the next inning on a two-run home run by freshman Alyssa Mumaw (Greenfield, Indiana), her first of the season.
 
The Screaming Eagles led 6-0 going into the fifth inning, but Monmouth mounted a comeback. After a two-RBI single and defensive miscues by USI, Monmouth scored six in the fifth to knot the game back all square.
 
The contest remained tied through seven innings, leading to extra innings. In the bottom of the eighth and with an international tiebreaker runner at second base, junior second baseman Hailey Gotshall (Lucerne, Indiana) delivered her second walk-off hit this season with an RBI double to give USI the win.
 
Southern Indiana totaled seven runs on eight hits. Mumaw went 2-4 with two runs and two RBIs for USI. Gotshall also finished with two RBIs. In the circle, junior pitcher Josie Newman (Indianapolis, Indiana) made the start, going four scoreless innings with eight strikeouts toward a no-decision. Junior pitcher Whitley Hunter (Nashville, Illinois) tossed the last 3.1 innings scoreless with two strikeouts to earn her first win this season.
 
Monmouth scored six runs off four hits. Freshman pitcher Olivia Lewis was dealt her fourth loss of the season, giving up two runs – one earned – in the last five innings of work.
 
In the second game against Sacred Heart (4-7), Southern Indiana jumped out to a 2-0 advantage in the top of the second inning on an RBI groundout and an RBI single. USI tacked on another run in the fifth inning with a two-out RBI knock from senior first baseman Lexi Fair (Greenwood, Indiana).
 
The Screaming Eagles tallied three runs on seven hits, as freshman infielder Sydney Long (Haubstadt, Indiana) and junior outfielder Kennedy Nalley (Huntingburg, Indiana) recorded an RBI along with Fair.
 
Meanwhile, the right-handed pitcher Newman took the ball again for USI and was dominant. Newman struck out two batters in each frame before striking out the side in the seventh to end the game. The junior fanned 15 batters total, two off her career best, in a three-hit shutout. Newman’s season record moved to 5-4.
 
Sacred Heart’s sophomore starter Emily Heath dropped to 1-3 this season after a complete-game effort, surrendering three runs off seven hits and three walks.
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