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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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