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1st Quarter, 20182018 is off to a fast start. Election years are always differentand certainly more dramatic. We wish everyone the best asthey work through the challenges of finding time for politicsand work.We know that a number of prosecutors are retiringor running for a different office, so we expect a prettysignificant turnover this year. We have already begun ourpreparation for the 2018 Newly Elected Course.Thank you for all of the positive feedback regarding the2017 Winter Conference. We put a lot of work into thesebig conferences and your support makes our effortsworthwhile. We do look at your evaluations and try toaccommodate recommendations you provide.Despite being a short session, the legislative days arealready flying by. It is really hard to explain theups and downs of each day, but they are real.The challenge is to not let this roller coasterdrive you off the rails. It’s too early to knowhow it will all turn out, but we will do our bestto represent your interests. You do have a verydedicated and hardworking team advocating onyour behalf. I sincerely appreciate the hard workof the prosecutors serving on the legislativecommittee. They are force multipliers and oursuccess often depends on them.Lastly, I want to thank everyone who eitherattended or supported our advanced juryselection course. It may have been the mostchallenging course we have offered. The studentswho were able to attend overwhelminglypraised the course. Some reported it was themost helpful training they have ever received.Daviess County Prosecutor Dan Murrie and trial consultant Amy Pardieck share The faculty was outstanding and we will askeffective jury techniques with students during the Voir Dire course.See Powell, Page 2Check Your IPAC Prosecutor Page for Accuracy, Current ContentDid you know every prosecutor is listed on theIPAC web site Find Your Prosecutor page? The mainFind Your Prosecutor page lists the name, contactinformation and web site (if any) for each county. Italso links to a page for each prosecutor that has spacefor a photograph and biography.The public uses IPAC’s Find Your Prosecutor pages tofind out about their local prosecutor. In the 4th quarterof 2017, the main Find Your Prosecutor page ( was the third most viewedpage on the IPAC site with nearly 3,000 views! Whileone might expect prosecutors from large counties tohave a large number of views, prosecutors from smallcounties also have what might be considered a largeamount of page “traffic.” Sixty prosecutor’s pages areamong the top 100 pages viewed on the IPAC site.With that in mind, please check out the content ofyour Find Your Prosecutor Page, if you find a missing oroutdated photo, incomplete information or a missinglink to your office web site, please e-mail ConnieSmith - – to update your pageinformation.

The Indiana ProsecutorPage 2Contact Lacey: Legislative SessionThe 2018 Legislative Session is in full swing at theStatehouse. Members of the General Assembly convenedon Wednesday, January 3, and will have ten weeks to finishbusiness by March 14. The focus of caucus leadership thisyear is on Sunday alcohol sales, fighting the opioid epidemic,improving workforce development, and addressing schoolfunding.IPAC Legislative PrioritiesIPAC has a number of irons in the fire this session as well.Our priority bills this year include Senate Bill 108, whichmakes possessing or dealing a synthetic drug an offense ofthe same level as the drug it mirrors. The current penaltiesfor synthetic drugs are infractions and misdemeanors,which we believe are inappropriate in light of the havocdesigner drugs wreak in communities throughout Indiana.We are also focusing efforts on the passage of House Bill1359, which creates a new crime of Drug Dealing Resultingin Death, to be utilized in cases where a victim hasoverdosed. The bill was recently named as one of GovernorHolcomb’s top legislative priorities as well.Finally, Senate Bill 64 is also high on our radar. SB 64 is alegislative fix to the Stafford case, recently decided by theCourt of Appeals in October. As many of you are aware,plea bargaining in Indiana would effectively end if Staffordwere to stand. SB 64 passed out of the Senate Correctionsand Criminal Law Committee last week, and will be heardon second reading in the full Senate this coming week.We are closely following many other important bills,including those dealing with cannabidiol legalization, civilforfeiture, sexual assault, drug dealing penalties, humantrafficking, and impaired driving. Don’t hesitate to contactme should you have any questions concerning these orother measures.Testifying at the StatehouseAs in previous sessions, we are prepared to testify incommittee as bills we both support and oppose receivehearings. If you are interested in testifying on a bill, pleaselet me know.Weekly Statehouse ReportI distribute a Statehouse report to members of the IPACBoard and the Legislative Committee every week. If youwould also like to receive this report, please send me yourpreferred email address and I will add you to the distributionlist.Calendarof EventsImplicit Bias TrainingIndianapolis - February 2Drug Trial AdvocacyIndianapolis - February 6-8Indiana Prosecuting Attorneys Council302 W. Washington St., Room E205Indianapolis, IN N. PowellChris DanielsChris NaylorAssistant Executive DirectorShaunestte TerrellDV/SAR ProsecutorJ T. ParkerKarla MantiaJames OliverWilliam F. WelchRobin BischofLacey BerkshireDaniel MillerConnie SmithExecutive DirectorDeputy Director Civil/AdministrativeDeputy Director Criminal LawChief of StaffDrug Resource ProsecutorTSR ProsecutorTitle IV-D Policy LiaisonIV-D Staff AttorneyLegislative LiaisonPublic Affairs Officer1st Quarter, 2018Evidence Boot CampIndianapolis - March 8PowellContinued from Page 1some of the students to come back and help teach thesecond version. We will make a few adjustments and offerit again sometime in 2018. This course was something Ihave wanted to do for a very long time. We have receivedsome national recognition for the course. North Carolina,Missouri and Arizona have all asked for our curriculum.

1st Quarter, 2018The Indiana ProsecutorPage 3Prosecutor NewsTwo new prosecutors took office January 1 - NicholasMcLeland who succeeds Robert Ives in Carroll County andDavid Sutter who succeeds Chad Lewis in Jefferson County.****Madison County Prosecutor Rodney Cummings recentlyappeared over the airwaves as a guest of Seattle talk radioKVI commentator John Carlson. The two discussed MadisonCounty’s needle exchange program that was defunded inAugust 2017 by the county council. A Washington, D.C.publication is expected in the county in late January tofurther cover the issue.****Jasper County ProsecutorChristine Bogan (formerlyHaskell) was married inOctober to T.J. Bogan.****Michael McAlexander (AllenCounty),JeffreyArnold(Delaware County), Todd Corn Christine and T.J. Bogan.(Greene County), David Powell(IPAC)andDouglas Brown(VanderburghCounty) wereall recognizedfor 30 years(or more) ofservice duringIPAC’s AwardsP ro g ra m ,From left, 30-year honorees: David Powell,Dec. 4, duringJeffrey Arnold and Michael McAlexander.theWinterConference.****DeKalb County Prosecutor ClaraMary Winebrenner wasthe organizerof a recentmeetingofNortheastI n d i a n aprosecutors.D e K a l b ,Steuben,LaGrangeandNobleFrom left: Travis Glick and Greg Kennercountieswere(LaGrange County), John Nimmo (Noblerepresented.County), Jeremy Musser (Steuben County)and ClaraMary Winebrenner (DeKalb County). P r o s e c u t o rWinebrennerbelieves that informal meetings between prosecutorspromotes cooperation and an exchange of information andideas.Send your prosecutor news information or photographs County Prosecutor Ric Hertel presents a thank you plaqueto outgoing Association president Patricia Baldwin, HendricksCounty Prosecutor. Hertel will serve as Association president for2018.Drug Epidemic Part of Governor’sNext Level Legislative AgendaIndiana prosecutors supported Governor Eric Holcomb’s2018 NextLevel agenda as he outlined proposals to attackthe drug epidemic, November 8.Criminal code proposals include: Establishment offelony chargesfor drug-inducedhomicideandfor those who illicitly manufacture drugs that result indrug-induced death. Requiring physicians to check the state’s prescriptiondrug monitoring program, INSPECT, before issuing firstprescriptions for opioids and benzodiazepines. I m p r o v ereporting ofdrug overdosedeaths. Increase thenumberofFSSA-approvedo p i o i dtreatmentlocations. Initiatingastate referralprocess thatlinks patientsdirectlytoavailable inpatient and residential treat- Governor Eric Holcomb announces hisNext Level legislative agenda for 2018ment.

Page 4The Indiana Prosecutor1st Quarter, 2018IPAC Presents ‘Shine’ Feller, Stephen Johnson, Legislative & LE AwardsFormer Jefferson County Prosecutor Chad Lewis (left)received the Eugene “Shine” Feller Award from ExecutiveDirector David Powell.DNA and other legislation earned Sen. Erin Houchinan IPAC Legislative Award from Tippecanoe CountyProsecutor Pat Harrington.Martin County Prosecutor Mike Steiner nominatedChief Deputy Larry Brodeur for the Stephen JohnsonAward.IFD’s Lt. Mario Garza (left) and IMPD Det. Sgt. Jeffrey Wager (right)received IPAC’s Law Enforcement Award for their “unprecedentedinvestigation” of the Richmond Hill explosion. With them is MarionCounty Prosecutor Terry CurryLongtime proponent of DNA testing of felony arrestees,Indiana Representative Patrick Bauer (center) with hiswife Karen, was honored for legislative excellence by St.Joseph County Prosecutor Kenneth Cotter.The smoothoperationof the IPACoffice is inlarge partdue to theefforts ofSharonEverlingwho washonored for30 years’service byExecutiveDirectorDavidPowell.

1st Quarter, 2018The Indiana ProsecutorPage 5IPAC Awards: Victim Advocate, Kathy Falkner Richey HonoreesAllen County Domestic ViolenceCoordinatorCatherinMaggartMarion County Prosecutor Terry Curry’s COO/received the Indiana Victim’sCFO Cindy Craig received the Kathy FalknerAdvocate Award. She was nominated Juanita Carter was nominated by Wayne Richey Allen County Prosecutor Karen County Prosecutor Michael Shipman andRichards.received the Kathy Falkner Richey Award.Association Tells ‘Truth About Marijuana’ in Press Conference, SummitAtleft,LukeNiforatos of anausegoes hand-in-handwithincreasedprescription opioidabuse.Representatives of the Association of Indiana Prosecuting Attorneys,Inc., Smart Approaches to Marijuana (SAM), The Indiana Chamber ofCommerce, and the Boone County Sheriff presented on December6, a press conference and information summit titled, The TruthAbout Marijuana. The message echoed formal opposition of thelegalization of marijuana.With pro-legalization forces taking aim at Indiana, prosecutors andallies disseminated truth about marijuana in its various forms.Speaking during the press conference were: David N. Powell,executive secretary and Richard Hertel, president of the Associationof Indiana Prosecuting Attorneys, Inc.; Luke Niforatos of SmartApproaches to Marijuana; Mike Ripley of the Indiana Chamber ofCommerce; Sheriff Mike Nielsen of Boone County; Attorney GeneralCurtis T. Hill, Jr. (via video presentation) and Indianapolis InternistDr. Palmer MacKie.Boone County Sheriff Mike Nielsen shares informationfrom Colorado colleagues about that state’s experimentwith marijuana legalization.

The Indiana ProsecutorPage 61st Quarter, 2018Voir DireTraining:‘Best.Ever.Period’For two and a half days in October,32 Indiana prosecutors and deputyprosecutors dove deep into thepsychology and strategy of voir dire inIndianapolis. The Indiana ProsecutingAttorneys Council conceived andconducted the training.“There is little formal training in voirdire for prosecutors,” said Dave Powell,executive director. “We wanted toprovide a scientifically-valid process forDeKalb County Prosecutor ClaraMary Winebrenner speaks during a break with Brendanchoosing a jury that will work together to Ruane of the National Attorneys General Training and Research Institute. Ruanereach a verdict.”presented on the Law & Ethics of Voir Dire.The course was offered as a Trial AdvocacyQuestions, For-Cause Strike3, geared for major felonyMethodology, Identifying Jurorprosecutors with significantPersonalities and Team Buildingexperience. Two-thirds ofandDevelopingRapportthe students were elected orwithout Pandering. The coursechief deputy prosecutors andculminated with a hands-onmore than half had 10-pluspractice voir dire of the fictionalyears of trial of State v. Lucas. StudentsThe course featured Amyposed as jurors, who playedPardieck, a jury consultantspecific characters with variedfrom Bloomington: John Dill,personalities.a plaintiff’s attorney from theEach student left with a “VoirOrlando office of Morgan andDire Notebook,” a three-ringMorgan (www.forthepeople.binder with reference material,com); and NAGTRI’s Brendanforms, sample questionnairesRuane (, asand suggested approaches towell as IPAC staff and Indianaprosecutors. Missouri’s Steve Adams County Prosecutor Jeremy Brown (left) and Allen County problems for oral questioning.Sokoloff attended as a guest Deputy Prosecutor Steve Godfrey during a training session.“Best training ever. Period.”critiquer.wrote one reviewer.“With Amy’s help, we designed a course to teach that voirdire has three goals, said course director, IPAC DeputyDirector for Criminal Law Jim Oliver: Develop verbal and non-verbal rapport and ethos; Educate the panel and identify and eliminate jurorswho have biases that will prevent them from reachinga verdict; and Build a jury that will work together to reach a verdict,”Students attended two days of lecture and completedsmall-group assignments. Lectures included: Law and Ethicsof Voir Dire, Identifying Issues and Drafting Case-SpecificAt right: Morgan County Prosecutor Steve Sonnega, Clark CountyProsecutor Jeremy Mull and Hamilton County Prosecutor LeeBuckingham listen intently to speakers.

1st Quarter, 2018The Indiana ProsecutorPage 7LegislativeLunch BringsTogetherProsecutors,LegislatorsAbove, Rodney Cummings (Madison County) and DustinHouchin (Washington County) pose with Sen. Eric Koch andSen. Aaron Freeman.Above, Rep. Jim Pressel exchanged LaPorte County informationwith John Espar (LaPorte County).Above, Terry Curry (Marion County) and Sen. Jean Breauxshare interest in the Senator’s bill that provides for awitness protection pilot program.Above, Sen. Randy Head greets attorney BrianBurdick. At left, Rep. Dave Heine, Rep. Robert Cherryand Sen. Erin Houchin enjoy the informal break intheir legislative routines.

Page 8The Indiana Prosecutor1st Quarter, 2018IPAC WinterConferenceJeff Arnold (Delaware County), Dan Miller (IPAC) and Daniel Harrison (Marion County)prepare for the Forfeiture Best Practices roundtable. Also on the panel were Jim Bryan(Hendricks County) and Patrick Harrington (Tippecanoe County).Above, Dan Wilkinson(Spencer County) concentrates on a session topic.Otto Schalk (Harrison County) (photo left) and NickHermann (Vanderburgh County) (photo above)shared a breakout session on Prosecutor Outreach.A prosecutor can never truly leave the office as D.J.Sigler (Whitley County) demonstrates.Patrick Harrington (Tippecanoe County) and Director ofInvestigations Sean Leshney discuss the Tippecanoe CountyHigh Tech Crime Unit.

1st Quarter, 2018The Indiana ProsecutorPage 9Border Meetings Support Interstate Cooperation, UnderstandingFor years, Indiana Child Support professionals have beenworking at communicating with their peers in other statesthrough “border meetings”, wherein multiple states discussfederal guideline changes, case law updates, differences indoing business, policies, technology and other items. Thestates also share lists of personnel and other what-youshould-know-to-do-business-with-us information.In late October, 174 IV-D workers and leaders from fivestates – Michigan, Indiana, Ohio, Wisconsin and Illinois –as well as the Ho-Chunk Indian nation, met in Middlebury,Indiana for two days. Organized by Indiana’s Child SupportCommittee, the meeting may have been the most ambitiousmulti-state child support sharing event yet.Elkhart County Prosecutor Vicki Becker offered a welcome.Representatives of each state, as well as the Ho Chunknation, provided overviews of their programs. A sessionallowing attendees to sort through case scenarioshighlighted how states and tribes deal with establishmentand modification of support orders and third party custodyissues.Evaluations were positive. “I enjoyed the intergovernmentalscenarios breakout and discussion,” said one participant.“It was nice to talk with the other states to see how theirjurisdictions work a case.” Another participant suggestedthe 5-state training should be held more often: “I feelthere are always some topics that come up that need tobe addressed or shared so that we may all learn what eachstate is expecting for intergovernmental cases. So I thankyou and applaud the committee that put this together.”IPAC’s IV-D policy analyst Karla Mantia and WarrenCounty, Ohio’s Child Support Enforcement Director BethAnne Schorr are likely the two individuals with the mostexperience in multi-state border projects.Schorr said border meetings are designed to accomplishthree goals:Ashley Clark of Jasper County examines a display map that showsthe five states participating in the border meeting hosted by Indianain Elkhart County.Ohio’sBeth AnneSchorr (atleft) sbetweenmultiplestates.Elkhart County Prosecutor Vicki Becker welcomed 174child support workers from five states and one Indiannation to Middlebury. With her is IV-D prosecutor BruceWells.1. Improve UIFSA (Uniform Interstate Family Support Act)understanding and how interstate laws work.2. Improve understanding of the substantial differencesof other states’ functional laws and structures.3. Improve and understand the role of each state’s teamplayers from across state lines.The result is, said Schorr, “we build relationships and worktogether by picking up the phone and problem solvingtogether; we don’t just push papers.”Border meetings have been conducted on a consistent basisfor the last seven years and occasionally for a few yearsbefore that. Indiana, Ohio and Kentucky meet annually andadditional meetings that include other states are held lessoften.“We got the idea from other states,” said IPAC’s KarlaMantia. “Not all regions have border meetings but somedo.” Recently, both Schorr and Mantia discussed bordermeetings with federal region 4 that includes the states ofFlorida, Georgia and Alabama. “The feds think that bordermeetings are a great idea,” she said.“Some parents use state borders to avoid enforcement, orthey live in one state and work in another state,” explainedMantia. “Through communication and cooperation wecan help each other locate parents and assets to ensuresupport is paid.”

The Indiana Prosecutor1st Quarter, 2018Page 10Media Quotes of NoteNew unit will focus on solvingElkhart County homicides, coldcases“We all wish the number ofhomicides in Elkhart County wouldcease entirely. The reality is, that’snot probably going to happen. But Ihope that when people understandthat we are willing to give it thiskind of commitment, to not onlyinvestigate, but come after anyindividual who chooses to engagein this behavior, they may thinktwice and go somewhere else.”Vicki BeckerElkhart CountyWSBT22August 17, 2017Forfeiture: Proceeds Of CriminalActivity Pays Law EnforcementCosts“The Delaware County Prosecutor’sOffice has had no budget increasein seven or eight years. Forfeituremoney allows us to supplement ourcounty budget. I was able to buy allof my deputy prosecutors laptopcomputers that they could take tocourt. That may sound primitivebut we would not have been ableto purchase those laptops anyother way.”Jeff ArnoldDelaware CountyWBIWAugust 18, 2017Here’s what is a hate crime inIndiana, and what isn’t“That’s one of the issues thatcomes up repeatedly in thisdiscussion: ‘Are you attemptingto punish speech?’ No. Theycould say all sorts of racist andhomophobic things and post themon Facebook. That’s speech. Whenthey then commit a criminal actagainst someone because of thatcharacteristic, then that’s no longerprotected as speech.”Terry CurryMarion CountyIndy StarSeptember 11, 201715 People Convicted In SecuritiesFraud Scheme In New Albany“This case should serve as areminder that all potentialinvestors should call the Secretaryof State’s office to verify aninvestment advisor and theinvestment are registered and thatpotential defendants who want toprey on investors should be awarethey will be prosecuted and heldaccountable.”Keith HendersonFloyd CountyWBIWSeptember 28, 2017Prosecutor’s office, probation,schools work to combat truancy“Most people would agree thatobtaining an education is importantin order to make certain that allchildren acquire the necessaryskills for success in adult life. Whena student misses a significantnumber of days, they fall behind incoursework. Once they fall behind,it is extremely difficult to catch up,which often creates a feeling ofhopelessness. The end result is thatmany students end up droppingout of school.”Michelle WoodwardLawrence CountyBedford Times-MailSeptember 25, 2017Clark County searching for sexoffenders who failed to register“Just since yesterday (Tuesday),my office has filed five of thesefelony charges against separateoffenders who have not registeredas required by the law.This wouldnot have been possible 15-20 yearsago. We simply have more of themthat are not complying with thelaws requirements. We are goingafter them promptly with felonycharges, arrest warrants, andincarceration.”Jeremy MullClark CountyWAVE3August 31, 2017Wabash students accused oftrying to steal the Monon Bellfrom DePauw“The police believe they had beenthere a week ahead of time andhad sized up what they believe,what sized ratchet they neededto get the bolts off. They did a lotof planning. Took a lot of effort.Uniforms, latex gloves. Obama andTrump masks.”Tim BookwalterPutnam CountyThe Indy ChannelOctober 24, 2017More cases require fourthprosecutor“Right now with the communityand national awareness ofdomestic violence and sexualassaults, more women who wereunlikely to come forward are nowcoming forward. Harvey Weinsteinto Bill Cosby to Jerry Sandusky.There always is a stigma for awoman or a man to come forward.If we can say, ‘It’s OK to comeforward, you’re not alone in it,’ Ithink that’s significant.”Ric HertelRipley CountyBatesville Herald TribuneNovember 1, 2017Prosecutor: Exchange’s SyringesShould be Labeled“I am being told that some of theneedles from the program arebeing sold or traded for drugs. I amalso being told that drug users arecontinuing to re-use dirty needlesdespite having access to cleanneedles. If that is true, the programmay not be having the positiveeffect of reducing hepatitis C orother communicable diseases asprogram supporters claim.”Michael ShipmanWayne CountyRichmond Pal-ItemNovember 28, 2017

IPAC web site Find Your Prosecutor page? The main Find Your Prosecutor page lists the name, contact information and web site (if any) for each county. It also links to a page for each prosecutor that has space for a photograph and biography. The public uses IPAC's Find Your Prosecutor pages to find out about their local prosecutor. In the 4th .

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