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Circuit Court: Spreadsheets OK as evidence

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A Terre Haute company and its president lost an appeal of their convictions and sentence for making materially false statement reports under the Clean Water Act.

In United States of America v. Derrik Hagerman and Wabash Environmental Technologies, LLC, Nos. 07-3874, 07-3875, Derrik Hagerman argued the District Court erred in admitting into evidence copies of certain electronic spreadsheets that recorded test results of waste liquid that weren't charged in indictment. Hagerman believed the test results are evidence of prior bad acts that should have been excluded under Fed. Rule of Evid. 404(b).

Wabash Environmental treated industrial liquid waste and discharged the treated liquid into the Wabash River. The company was required to make monthly reports disclosing the test results of the waste using EPA-approved procedures.

The spreadsheets in question in the appeal cover the same period of time that Hagerman and his company were charged with misrepresenting results of tests. It would have been infeasible to separate out the evidence to eliminate any hint that Hagerman had also falsified other test results, wrote the 7th Circuit in the per curium opinion. The judges also dismissed Hagerman's argument that by admitting those spreadsheets, which showed misconduct not charged in the indictment, the District Court allowed the indictment to be "constructively amended."

The 7th Circuit affirmed the District Court judge's jury instruction on the requirement Hagerman was to certify each report was accurate and complete by using language from Wabash Environmental's discharge permit. Hagerman believed it should be up to the jury to determine whether Wabash Environmental had a system in place to ensure the test results were properly gathered and evaluated.

"The judge's instruction that the testing methods must 'conform to applicable federal regulations' was a correct interpretation of the permit, and the meaning of the permit presented an issue of law that the judge was entitled to determine, rather than leave to the jury," wrote the court.

The 7th Circuit also upheld Hagerman's 60-month prison sentence over Hagerman's arguments that imprisonment will make paying restitution difficult and that he's made considerable contributions to his community.

In September 2008, Hagerman's appeal of the District Court's dismissal of the government's petition for relief after Wabash agreed to start paying restitution and furnish specific financial information was dismissed because Hagerman and Wabash Environmental weren't represented by an attorney. The 7th Circuit ruled owners of limited liability companies must have an attorney to appeal a decision in federal court.

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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