ILNews

Winning is relative

Jenny Montgomery
September 14, 2011
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In the summertime, about every other weekend, Valparaiso attorney Edward Hearn can be found out on the water. But don’t blink, or you may miss him.

Hearn races powerboats – small, speedy crafts that zip along the surface of the water at speeds of 60 to 65 mph. A managing shareholder for Johnson & Bell’s Crown Point office, Hearn says racing is a good fit for his personality.

“The thing that I like about it is, I’m competitive, so it’s another outlet for that besides being a trial attorney,” he said. “It’s a family sport and it’s always served a dual purpose for me – it really does now. It’s an opportunity to get together and race my boat, and to see my family.”

His family name is well known among members and fans of the American Power Boat Association. This year, Hearn brought home two national APBA titles, winning the B Stock Runabout (a flat-bottom boat) and B Stock Hydro (hydroplane) competitions. Hearn’s sister, Beth Anne (Hearn) Chew was the first member of

the family to be inducted into the APBA Hall of Champions in 1987, when she won the junior-class national titles for J Hydro and J Runabout competitions. She also was the national high point champion that year in both classes. Hearn’s nephew, Grant Hearn, won the J Hydro and J Runabout National Championships last year. And it’s a legacy that began with Edward Hearn’s father, R. Steven Hearn, deputy prosecuting attorney in Kosciusko County, and Steven’s brother, Jim.
 

racing-family-15col From left, Grant Hearn, Edward Hearn, R. Steven Hearn, and Richard Hearn, after Grant won the Junior Nationals in 2010. (Photo Courtesy Kelly Hearn)

“My grandfather – my dad’s dad – was a car salesman that lived in Wabash, Indiana, and he and his neighbor bought a piece of property on Lake Tippecanoe … and so back in the ’50s when my dad and his brother were growing up, the biggest boat on the lake was a 12-foot Jon Boat with a 25 (horsepower) Johnson on it,” Hearn said. “They would race around the lake. There was no such thing as a Sea-Doo, or a WaveRunner – those were the predecessors to what we race now.”

Hearn’s parents still have a home on Lake Tippecanoe. “We all take the 4th of July off and all go to mom and dad’s house in Kosciusko County,” he said.

A family tradition

As children, Hearn; his sister, Beth Anne; and their brother, Richard, who also races; would travel the country to watch their father compete in powerboat races.

“Growing up, it was coming back from a boat race that I got to go to the Grand Canyon,” Hearn said. He said many of the tourist destinations he’s seen in his lifetime – Gettysburg, Cape Canaveral, Mount Rushmore – he saw on the way to or from boat races. And Hearn has an RV, which allows him to load up his four children (who are too young to race) and his wife for weekend boat-competition road trips. His father no longer competes, but, Hearn says, “He goes to all the races; he’s the crew chief.”
hearn-family-tree
Hearn said the boats he and his family members race are quite different than the monstrous Unlimited Hydroplanes people may remember from the annual Thunder on the Ohio race in Evansville or the Madison (Ind.) Regatta. Those boats can reach speeds of 200 mph, which means crashes can be deadly.

But even small boats carry a risk of injury, although serious accidents are rare, Hearn said. He hasn’t “fallen out of a boat in a while,” he said, but recalls flipping his boat a few decades ago.

“I raced at the national championships the first year out of high school in 1989 – and I was leading ... and I flipped in the first turn,” he said. “I was not seriously injured, but my fingers were cut pretty badly, and they were stitched back together by a nice doctor in Hershey, Pennsylvania.”

Hearn said his wife, Kelly, used to race and her father, Joe Pater, still does. In fact, Pater races against Hearn in one class: the 25SSR. Hearn finished in fourth place when Pater won the national championship in that class.
 

racingmain-15col Edward Hearn (boat number 14-H) and brother Richard Hearn (boat number 12-H) compete in the B Stock Runabout class at the 2010 American Power Boat Association Nationals, in Oroville, Calif. (Photo Courtesy Kelly Hearn)

Scoring for APBA races is based upon both speed and overall points per season. To be in the running for overall points, racers must compete in 12 races and the regional and national championships. The best average cumulative speed wins the national high point title, and Hearn said he is in the running for that award this year.

Stephen Tyler, also a shareholder at Johnson & Bell, said Hearn’s passion for racing is evident.

“He clearly loves motorsports of all kinds, not just boat racing, but boat racing is clearly a long-standing tradition in the Hearn family,” Tyler said.

When he was first getting to know Hearn, Tyler said he noticed a trophy from a national championship sitting in Hearn’s office. “I can tell you that – in any kind of motorsports – winning a race is a big deal; winning a national championship is a really big deal. Most racers never win any races, let alone a championship. So, Ed’s championship is no small feat. I know he is proud of that accomplishment, and rightly so. He doesn’t talk about it unless asked. He has that quiet intensity and desire to win that a lot of good racers have, and I think it translates to his trial practice.” 

Hearn, who is 42, has been racing more than half his life. Humble though he may be, he has been inducted into the APBA Hall of Champions more than any other racer. If inducted at the end of the 2011 season, it will mark the 15th such occasion.•
 

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

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  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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