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High-profile federal trials slated for early 2009

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The first half of the year is shaping up to be a time of high-profile trials for Indiana's federal courts.

The U.S. District Court, Southern District of Indiana's first-ever federal death-penalty trial is slated for March. In May, a major energy company is expected to go through its second liability trial on clean-air violations while a former mayor is set to be tried on civil racketeering charges.

A capital trial is set to begin March 30 before Judge Richard Young in Evansville in the case of U.S.A. v. Jarvis Brown, No. 3:06-cr-00014. Brown faces execution for being part of a drug-trafficking conspiracy that resulted in four murders and eight people being shot in Indianapolis and Evansville several years ago.

Late last week, U.S. District Judge Larry McKinney in Indianapolis set May 11 to begin the nine-day trial in U.S.A., et al. v. Cinergy Corp., et al., No. 1:99-cv-1693, which would be the second trial within a year. In December, Judge McKinney determined that the original two-week liability trial in May 2008 - the nation's first to go before a jury on the issue of whether slight modifications at coal-fired power plants triggered the need for new pollution control equipment - was tainted because of potential attorney and witness misconduct. The judge ultimately opted not to sanction the lawyers involved, but he upheld his decision to set aside the original jury verdict finding that Cinergy had violated the U.S. Clean Air Act at its Wabash plant in Terre Haute but not at four other plants.

A first remedy trial happened earlier this month, but the discovery and remaining remedy aspects are stayed until after the second trial is complete.

That comes just two weeks before State v. Pastrick, et al., No. 3:04-cv-00506, is set to begin in the Northern District of Indiana. Former East Chicago Mayor Robert Pastrick and top mayoral aides James Fife and Timothy Raykovich face federal racketeering charges in that case. They are the only remaining defendants from an original 26 named in the case accusing high-ranking city officials of illegally using public money to pave sidewalks and other work in order to influence votes during the 1999 Democratic primary election. Senior Judge James Moody in Hammond on Friday set May 26 to begin the trial, which was postponed from January.

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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