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November 10, 2006

Three Arrested in Home Invasion

By Georgette Senter, The News-Dispatch


Three area men - two from Michigan City and one from LaPorte - have been arrested and charged with burglary, robbery and criminal confinement stemming from an Oct. 28 home invasion in Trail Creek.

On Thursday, Atley Price, LaPorte County Chief Deputy Prosecutor, said “hard and diligent work by the Trail Creek Police Department's Town Marshal Todd Klosinski and  Officer Paul Schoof” led to the arrests. Price said the two “relentlessly pursued the case from the beginning.”

Recently, Sgt. Tim Richardson and members of the Michigan City Police Department's Metro Task Force developed leads which led to the three arrests.

The suspects are Michael L. Payton, 28, Michigan City; Perry T. Hurley, 25, LaPorte; and Richard Mitchell, 25, Michigan City. All three were charged Thursday
during a probable cause hearing in LaPorte Superior Court 1 before Judge Kathleen B. Lang, who issued the warrants.

Mitchell, was charged with Class B felony robbery, Class A felony burglary, Class B felony criminal confinement and Class D felony auto theft.

Payton and Hurley were both charged with Class B felony robbery, Class A felony burglary, Class B felony criminal confinement, Class D felony auto theft, and impersonating a law enforcement officer.

Price said that due to the serious nature of these charge, prosecutors asked for a cash-only bond of $250,000 for each defendant.

According to police reports, at about 10:30 p.m. Saturday, Oct. 28, the three men kicked in the door of a home in the 1900 block of
East Coolspring Avenue, telling residents that they were Michigan City police officers.

After tying and duct taping three adults and one child, the men stole a driver's license and a 1993 green Toyota Camry.

Price said this case is particularly disturbing because the intruders forcibly entered the home while falsely identifying themselves
to be police officers executing a search warrant.

He added that the quick arrests in the case is “a textbook example of a collaborative effort by law enforcement professionals from the Trail Creek and Michigan City police departments.”





October 13, 2006

Teenager Gets 55 Years for Murder
By Georgette Senter, The News-Dispatch

Convicted murderer Demetrius Burks will be an old man by the time he gets out of prison.

On Thursday morning, Superior Court 1 Judge Kathleen Lang sentenced the 18-year-old to 55 years in prison.

When Lang announced the sentence, Burks' mother, Marie, appeared dumbfounded at the amount of time her son received.

On June 30, Burks was convicted of murdering Gareth Guestyn, 20, a carnival worker from South Africa. Guestyn was killed after the close of the Queen of All Saints festival in June 2005.

Lang also ruled that any good time for which Burks might be eligible would be determined by the sheriff, while Deputy Prosecutor John Espar said the state had recommended no good time be granted.

If Burks serves his entire sentence, he will be 73 years old when he gets out of prison.

However, with good time Burks could receive one day off his sentence for each day served without violating DOC rules, cutting the time almost by half.

That could mean a release after 27 1/2 years, making him 45 when he would be eligible to be released from prison.

Burks' attorney, Don Pagos, asked Espar, who recommended 65 years, why he was not satisfied with a 55-year sentence.

“This is a young man who just does not seem to have respect for anyone other than himself,” Espar said.

Guestyn of Cape Town, South Africa, and another carnival worker were walking along Woodland Avenue near Pear Street, returning from a nearby convenience store, when a car stopped, words were exchanged, and shots fired from the car, fatally wounding Guestyn.

After a week-long trial, it took the jury five hours to find Burks guilty of the shooting.  





July 25, 2006

Prosecutor's Office Donates $260,000 to Help Area Agencies
By Kristin Miller, The News-Dispatch

LaPORTE - The LaPorte County Council on Monday night approved about $260,000 for the LaPorte County Fair Association, and Michigan City and LaPorte County parks departments.

Funds come from LaPorte County Prosecutor Rob Beckman's infraction-deferral program. In 2005, he appeared before the council to offer the money to the county's general fund, but was told by the State Board of Accounts he could spend the money, but not give it to the general fund.

The money will stay in Beckman's coffers. Budget line items will be created for the three entities, and bills will be paid through Beckman's office.

Beckman said he has been trying to administer the money for a year now. An amount of $100,000 each will be given to the fair for future projects and Michigan City parks for Washington Park Zoo, while $60,000 goes to LaPorte County parks.

There was some confusion earlier about how the money should be given, due in part to a $70,000 donation from the Sheriff's Department for a new fair building for pigeons and poultry. It later was clarified that money from the sheriff is for a lease of 3,600 square feet of space.


“The prosecutor's office was not and is not involved in the construction of any building or its bidding or approval,” Beckman said in a recent column in The News-Dispatch.

“This office was asked to assist a county agency on property owned by this county to help occupy kids' time in a productive endeavor and support rehabilitation locations for probation workers and trustees.”




July 13, 2006

Beckman Responds To Questions About Proposed Expenditures

The Michigan City News-Dispatch editorial Sunday, July 2, and citizen letters/comments in The Herald-Argus and other papers have questioned expenditures of the LaPorte County Prosecutor’s Office pending in the LaPorte County Council, requesting council input and/or approval or disapproval of expending infraction deferral monies generated in and by the prosecutor’s office, as follows:

A. $100,000 to the LaPorte County Fair to create new all-weather space and thereby free existing space for a 4-H small-animal building.

B. $100,000 to Michigan City Parks Department/Washington Park Zoo habitat improvement fund to improve the current habitats now under construction.

C. $60,000 to the LaPorte County Parks Department for trail enhancement and fencing.

Questions posed by the authors were:

1. Why tap these funds?

2. Legality?

3. Should these funds be used in the department before asking for additional county funds for the department?

Infraction deferral money comes from deferring moving traffic infractions of non-commercial drivers with clean driving records, not from taxes. This program is created by Indiana law. A portion of the fees received from every ticket deferred is returned to the law-enforcement agency that wrote the ticket, a portion goes to the state of Indiana, and a portion remains with the prosecutor’s office to be expended for law-enforcement purposes, prosecutorial purposes and rehabilitative purposes. No approval is needed to expend these funds in these areas by the prosecutor.

From 1999 through 2005, the prosecutor’s office, with the same number of employees and with only a portion of the staff paid for by the county, has computerized, remodeled, upgraded office equipment, and through cross-training increased deferral dollars extensively and through use of those deferral dollars has NEVER asked for an increase in any line item in any budget. Further, this office has reduced budgeted spending in accord with county government requests (see 2005 annual report at www.laportecountyprosecutor.com).

From 1999 through 2005, this office has expended the following amounts for the detailed purposes, all as reflected in the duly submitted prosecutor’s office annual reports (for 2005 report, go to www.laportecountyprosecutor.com):

1. Law enforcement -- equipment, training, canines, etc. -- $372,959

2. County/prosecutor -- remodeling county buildings, equipment, etc. -- $374,067

3. Rehabilitation -- approximately $20,000

4. Tax dollars budgeted to this department which were not used and returned to the county general fund -- $445,083

In June 2005, I appeared at the LaPorte County Council meeting and offered $250,000 to the general fund of the county as excess funds earned by and saved by this department over 6½ years of my administration for the county council to spend on county issues. After several months of discussions with the State Board of Accounts, it was determined this office could spend the money but could not give the monies to the general fund. Therefore, in January/February 2006 these dollars were offered to defray the cost of a court remodeling project. That county project has not occurred.

In late June 2006, I was approached by the LaPorte County Fair asking for $100,000 to assist them with the cost of a building project that was near completion, designed to free space for kids in the 4-H small-animal section, a section that turns away young entrants yearly due to lack of space. I felt this request helped mid- and south-county residents and felt northern county residents should also benefit and would from offering the same amount to the Michigan City Parks Department and county residents generally would benefit with the remaining dollars offered to the county parks department. Thus the new proposal for the money originally offered to the people’s government in 2005.

I felt that due to the criminal justice system using all three recipient entities for community-service workers on probation, the county jail trusties and the influence parks in general and young people’s organizations like 4-H and scouting and rodeo and animal husbandry have on reducing the environment from which criminal conduct occurs was a good use of these dollars intended for rehabilitative purposes. Though not required to do so, I asked the county council to approve or not the proposal and agreed to abide by their determination.

I asked the county council their opinion by making the request. As is obvious, only rehabilitation has been severely shorted in the distribution of these funds.

The prosecutor’s office was not and is not involved in the construction of any building or its bidding or approval. This office was asked to assist a county agency on property owned by this county to help occupy kids’ time in a productive endeavor and support rehabilitation locations for probation workers and trusties. It is this office’s responsibility to attempt to curb criminal conduct before it occurs and the proposal in front of the county council meets that responsibility countywide by returning funds derived from the citizens to the benefit of all county residents.




April 4, 2006

Prosecutor’s Prayer

LaPorte County Prosecutor Robert Beckman prays over the casket of
Baby Jane Doe during her funeral Wednesday at Pine Lake Cemetery.





February 25, 2006

Child Molester Gets 40 Years

A LaPorte man found guilty in November of two charges of Class A felony child molestation was sentenced Friday, two-and-a-half years after the sexual contest he held between two girls, ages 7 and 9 at the time.

James Rosetto, 48, of 7701 S. U.S. 35, will serve the next 40 years in prison and 10 more on probation. In addition, he was ordered by LaPorte Circuit Court Judge Robert Gilmore to pay the cost of his incarceration, which was figured at $860,000.

Gilmore said three aggravating circumstances served as the basis for his ruling: (1) court documents indicate Rosetto molested one of his victims multiple times; (2) Rosetto was supposed to be in a position of trust as the victim’s babysitter; and, (3) Rosetto molested the child in front of a second child.

After almost seven hours of deliberation Nov. 10, 2005, a jury delivered Rosetto’s guilty verdicts. Rosetto plans to appeal. According to court documents, Rosetto held a sexual contest in the summer of 2003 between a then-7-year-old and 9-year-old, offering ice cream as a prize to whichever one of them could perform a sex act on him the longest.

Rosetto pleaded not guilty and was characterized throughout the trial as a good neighbor by the mobile home community in which he lived.

“Justice can be scary,” Deputy Prosecutor Jennifer Evans addressed jurors in her closing arguments. “Justice can find a wolf dressed up in sheep’s clothing. The defendant is a child molester. It’s that plain. It’s that simple.”

Rosetto’s face was drawn when Gilmore announced his sentence, the same as it was when the verdicts were read in November. He nodded his head that he understood the process and in a barely audible voice confirmed he’d appeal his conviction.

The victims’ families and several of Rosetto’s neighbors watched and listened quietly from seats directly behind him as Rosetto’s sentence was handed down.




October 20, 2005

Studer Found Guilty In Cocaine Deal

Dawn Shackelford

LAPORTE -- After a seven-day trial in LaPorte Circuit Court, a 12-member jury found a former Michigan City man guilty of dealing and possessing cocaine.

Gary Studer, 51, of Chesterton, was found guilty of Class B felony dealing cocaine and Class C felony possession of cocaine.

Studer was found not guilty of Class A felony dealing cocaine.

"I'm very, very disappointed," defense attorney Steven Snyder told The Herald-Argus.

"The A (felony dealing charge) was the scariest," he said, expressing some relief regarding the verdict on that charge. "The sentence would have been 20 to 50 years (for that charge alone)."

Studer faces eight to 28 years in prison. Sentencing is set for Dec. 2.

Taking his place behind the defense table before the verdict was read, Studer turned to his wife Becky and told her he'd always love her. He then folded his hands and bowed his head as temporary Circuit Court Judge William Boklund reviewed and began reading the verdicts.

Studer looked skyward and cried thanks after hearing Boklund declare the jury's not-guilty verdict on the Class A felony dealing charge. But Studer's mood as well as that of his family quickly changed after the two guilty verdicts were read.

"Gary Studer is a drug dealer, like I said in the beginning of this trial ...," LaPorte County Deputy Prosecutor Jennifer Evans said to the jury Wednesday morning during the state's closing arguments. "It's that plain. It's that simple."

Evans made reference to the audiotapes of the two controlled buys arranged in December 2002 and January 2003 by a then-18-year-old confidential informant (CI) working for the LaPorte County Metro Operations drug task force.

"Those tapes are the best evidence in this trial," Evans told the jury. "(The tapes) are direct evidence of that drug transaction."

"The defendant is a drug dealer" became one of Evans' most repeated phrases during her hour-long final argument.

"If Mr. Studer's a drug dealer, Metro and (the informant) made him a drug dealer," countered Snyder during his closing remarks. "This process stinks ... it stinks."

Snyder compared Metro Operations procedures to the process of casting large fishing nets and catching everything, whether the fish ensnared are the actual targets or not.

"The police create dealers ... they catch everything ... looking for numbers ... creating environments where CIs will go to any length to get a buy," Snyder argued with emotion.

"The real problem child of the state's case is (the confidential informant)," Snyder said.

Snyder suggested the defense's largest piece of evidence demonstrating Studer's credibility was the informant's testimony. He reminded the jury how the informant acknowledged during depositions making more than 200 calls to Studer, claiming she promised Studer whatever she had to, including sexual acts, in order to elicit his help in getting her drugs.

"If that's what it took to get myself high ... I'd have done anything," the informant testified last Friday. "I'm a woman, and I can basically get what I want. You say whatever you gotta say ... to get what I gotta get ... you're just not allowed to actually do it."

The defense contended that the informant, working as an agent under the control of law enforcement, sexually enticed Studer into committing a crime he would not have been predisposed to commit.

"Sex can be an extremely powerful lure," Snyder said. "Mr. Studer, as dumb and as weak as he was ... risked his job, his relationship (with his girlfriend), his arrest, for the companionship of a woman ... for the wild sexual fantasies she promised to him."

The jury received the case for deliberation around noon Wednesday and returned with a verdict shortly before 4 p.m., after asking to review the audiotapes one last time.




September 22, 2005

Reyes Sentenced to 75 Years

LAPORTE -- Convicted murderer Martin Reyes was sentenced this morning in LaPorte Circuit Court to 75 years in prison for the killing of Jorge Osornio in August 2004. Reyes, 40, of LaPorte, was sentenced to 50 years on the murder conviction, 25 years for attempted murder (Class A felony), and three years for battery with a deadly weapon, (Class C felony).

The sentences for attempted murder and battery with a deadly weapon are to be served concurrently. The maximum prison sentence Reyes faced was 85 years.

"The state is very pleased with the court's sentence and we hope the family is pleased, and we hope this brings closure to the terrible tragedy they endured," LaPorte County Deputy Prosecutor Jennifer Evans said this morning.

During a fight outside Osornio's home at 1001 Jackson St. on Aug. 28, 2004, Reyes killed Jorge Osornio and injured Osornio's brother-in-law, Jose Ruis, and cousin, Baltazar Osornio Garcia. A jury deliberated 5½ hours on June 21 before arriving at the guilty verdicts.





August 19, 2005

Man Gets 65 Years For Rest Area Murder

MICHIGAN CITY -- A Michigan City man could serve up to 65 years in prison when he's sentenced next month for the felony murder and robbery of Kenneth Melick.

After 2½ hours of deliberation Wednesday, a LaPorte Superior Court 1 jury found Afrique'kaan Yusabbihu, formerly known as Michael Neal, 41, guilty. He remains in custody at the Indiana State Prison in Michigan City. Yusabbihu has been investigated regarding a string of robbery/attacks at rest areas along I-94 in Indiana and Michigan June 1999.

"He waited until (bathroom) was empty and there were no witnesses. He would do the act and leave," LaPorte County Deputy Prosecutor Atley Price said.

Yusabbihu has been in prison, serving a 50-year sentence for the robbery and near-fatal attack of truck driver Gregg Smith of Michigan City six years ago.

He stood trial this week for the death of Melick, 54, a Canadian, who he robbed and beat to death in a rest area bathroom along I-94 in northern Indiana. Price said it is believed that Yusabbihu hid inside a stall in the men's bathroom on June 12, 1999 and while Melick was grooming himself inside the bathroom, Yusabbihu came out and hit him over the several times with a blunt object. He then stole his wallet, but was arrested June 18 shortly after buying jewelry at Meijer's in Michigan City. He had used Melick's credit card, at one point signing his own name on the receipt.

Price said the strongest piece of evidence in the felony murder case was that Melick's blood was found on Yusabbihu's clothing that was located inside his vehicle. Public defender James Cupp argued that no murder weapon was found, there were no eyewitnesses and the crime was unsecured so it could have been contaminated. However, Cupp agreed the DNA evidence was a "critical factor" in the jury arriving at a guilty verdict. He'll be sentenced Sept. 8.




May 11, 2005

10 Years For Death of Newborn

Daniel Przybyla

LAPORTE -- This morning LaPorte Circuit Court Judge Robert Gilmore sentenced Talia Eichelberg to 10 years in prison and 10 years on probation for neglect resulting in the death of her infant son.

When Gilmore read the sentence, Eichelberg, 20, of Westville, began to openly weep, along with family members and friends who sat in the front row of the courtroom.

"This troubling, sad and depressing matter is now before the court," Gilmore read in a prepared statement.

Under Indiana's Good Time Law, Eichelberg could receive one day's credit off her sentence for every day she serves without incident in prison.

She was charged with one count of child neglect resulting in serious bodily injury, a Class B felony. Her baby was found dead behind a residence on CR-900W in Westville in April 2003. She pleaded guilty to the charge last December.

Gilmore said while there were mitigating circumstances in the case, the aggravating circumstances, particularly her actions in wrapping the baby in a towel and leaving him outside, outweighed them.

Gilmore rattled off a number of mitigating circumstances, including the fact that Eichelberg admitted responsibility, cooperated with police, was 18 at the time, suffers from a learning disability, and has no criminal history. Gilmore added that Eichelberg would likely respond to short-term imprisonment based on the fact she has done well on supervised bond release since August 2003. He also said imprisonment would be "extremely difficult" for her because she could be easily manipulated.

Eichelberg had hidden her pregnancy from her parents.

"No one really provided the defendant with any assistance (during the time of pregnancy)," Gilmore said. "No one contacted her parents. No one assisted her … or took her to a physician, and no discussions about seeing a counselor or therapist took place."

He continued, "Had medical attention been provided early on, had discussions with her parents taken place early on or had the defendant received prenatal counseling or therapy, the court is firmly convinced we would not be here today dealing with the death of a baby."

While sandwiched between family members waiting for Gilmore to enter the courtroom, Eichelberg clutched her upper chest with her right hand, appearing to feel the beat of her heart. As growing tension gripped the young woman, her whole body seemed to throb in unison with her thumping heart. Still seated, she cocked her head back, closed her eyes and looked up.

Family members declined to talk with The Herald-Argus afterwards.

LaPorte County Deputy Prosecutor Kimberly DeWitt said she considers the sentence appropriate.

"It's a tragedy all the way around," she said. "There's a dead baby. There's a 20-year-old woman going to prison. There's a father who lost a baby."



February 16, 2005

74 Year Old Man Found Guilty of Molesting Neighbor Girl

Colleen Mair

LAPORTE -- After several hours of deliberation Tuesday, a jury found a 74-year-old LaPorte man guilty of inappropriately touching his 8-year-old neighbor at The Commons Apartments on Andrew Avenue two years ago.

Charles Davis faces up to eight years in prison on the Class C felony child-molesting charge. He is scheduled for sentencing April 8 at 8:30 a.m.

The two-day trial started Monday in LaPorte Circuit Court.

For more than a year, the girl, who was home-schooled, visited Davis's home. The two also went to the library and walked around the complex together. She received gifts from Davis and his wife and talked to him on the telephone nearly every day, according to testimony.

According to LaPorte County Deputy Prosecutor Kimberly DeWitt, that bond was forever broken on Feb. 14, 2003. After that day, the two never spoke again.

The girl, now 10, testified that she called Davis on that day and told him she was sick. She said he brought her an apple and Jell-O the next day, as well as candy for Valentine's Day. But as she turned to go back inside her home, she said Davis grabbed her from behind and hugged her, placing his hands up her shirt and down her pants.

The jury of eight men and four women deliberated for more than five hours before finding Davis guilty.

"We're obviously disappointed in the verdict, but the time the jury put into the deliberations really shows that they took their job very seriously," defense attorney David Jones said at the LaPorte Circuit Courthouse Tuesday night.

DeWitt was relieved with the verdict, understanding juries can go either way when it comes to "he said, she said" cases.

"It's especially hard to convince a jury when there's no physical evidence and no witnesses, which happens in a majority of child-molest cases. It's all about whom the jury believes," she said. "It's good to know this jury was willing to reach a verdict, and LaPorte County appreciates their efforts."

According to Jones, the state's case was filled with reasonable doubt. He argued the girl was inconsistent in her statements to police.

"Charles and his wife are friendly people," he said in closing. "In these types of cases, you have to look at the circumstantial evidence and what else is going on. The evidence showed that this girl was lonely. Her parents made no effort to stop their relationship because there was no need to. Mr. Davis comes from a different age and era where contact with children is not a bad thing."

Davis, who did not testify, told authorities during the investigation that if he did touch the girl inappropriately, it was unintentional.

Jones asked the jury to use common sense in making its decision.

"It doesn't all fit. Her father was home at the time and it was in the middle of the day," he said.

DeWitt disagreed. "Child molesting itself does not make sense, or our country would find a way to stop it. There is just no logical reason to touch a child in those places other than for sexual reasons."


October 27, 2004

Green Named MC Officer of the Year

Laura Mallory

MICHIGAN CITY -- After more than 35 years in the Michigan City Police Department, Cpl. Albert "Al" Green has been named Police Officer of the Year by the Exchange Club of Michigan City.

He was presented with a plaque, medal and service ribbon during the club's Tuesday night meeting at the Michigan City Elks Club. Exchange Club President-Elect Mark Ludlow also re-presented a plaque to Michigan City Police Chief Ben Neitzel that names all 37 recipients of the Police Officer of the Year award. The plaque, which now includes Green's name, is displayed at the Michigan City police station.

"It's a great honor," Green said today. "It's a top honor to know that you're given this honor by not only your peers but also by members of the community."

Green, 56, had been nominated six or seven times in the past, but had never won. This year's other nominees were Bryan Maxey, Greg Miller, Dan Kubath, Tim Richardson and Royce Williams.

Green is the police department's special events coordinator, and is assigned to the traffic division. He handles parades, festivals and other events that require police traffic assistance.

"I'm always the guy in front," he said.

Before coming to Michigan City, he worked part-time with the Beverly Shores police force.

Special guests for the award presentation included Michigan City Mayor Chuck Oberlie, LaPorte County Prosecutor Rob Beckman and LaPorte County Coroner Dr. Vidya Kora. Along with Neitzel, they lauded Green, calling him an expert in his field. They also praised him for being fair, firm and responsible.

Green has been married to his wife, Susan, for three years. He has a 35-year-old son, Michael, from a previous marriage.

Although he is retiring on July 1, he says he loves his job.

"It's always a good feeling to think an event really went great, there were no problems, no one got hurt and everyone is happy."



April 26, 2004
Feds Aid In Big Drug Bust Tally in LP County

James Hambrock

MICHIGAN CITY -- With the help of the big boys with their big toys, law enforcement teams throughout LaPorte County snagged 83 drug dealers over the past seven months, 19 of whom have been turned over for federal prosecution.

At a press conference Friday at Michigan City's City Hall, the results of the first seven months of an ongoing drug enforcement operation that has nailed dealers of crack, cocaine and methamphetamine were announced by representatives of LaPorte City, County, and Michigan City police, LaPorte Metro Drug Task Force, LaPorte County Prosecutor's Office, the Indiana State Police, the federal Drug Enforcement Agency (DEA), the U.S. Attorney's Office and the Bureau of Immigration and Customs Enforcement.

Though the local law enforcement teams have been battling drug trafficking in the county for years, the federal agencies were brought in to speed up the arrest process. LaPorte County Prosecuting Attorney Rob Beckman said their assistance, along with the state-of-the-art surveillance technology they brought with them, helped bring in the criminals.

"What has been critical for this has been to bring law enforcement to the 21st century," he said, adding that the fancy equipment seen on TV crime dramas like CBS's "CSI" was used for this operation.

Beckman said the drug problem crossed all demographic lines and that dealers ranged from small-time street pushers to large-quantity traffickers bringing in raw products from the source countries. He also said the recent arrest of a Michigan City doctor and a LaPorte doctor were not directly related to the operation, but their arrests were assisted and expedited by the federal groups.

Special Agent Rick Sanders with the DEA said more than $20,000 in drugs and cash were seized, along with 23 guns. He said taking those guns was important because, "you don't see the violence of drug crimes without weapons."

David Capp, First Assistant U.S. Attorney in South Bend, said of the 19 awaiting federal trial, 12 have been indicted on charges ranging from drug trafficking to illegal possession of firearms. Capp said the biggest shock to these criminals, particularly repeat offenders, is that they can be held without bond. "It makes an enormous impact out on the street."

Sanders said the next step for the federal agencies will be to target and bring down the trafficking network bringing the drugs into northwest Indiana.


April 14, 2004

Verdict: Guilty

Colleen Mair, James Hambrock

Evan Epley was led away in handcuffs this morning, and family and friends left in tears, after LaPorte Circuit Court Judge Robert Gilmore found him guilty of voluntary manslaughter in the shooting death of his brother, Justin, in June 2002.

The decision came nearly three weeks after Epley's trial ended on March 24. The 18-year-old, of 9445N CR-125E, Rolling Prairie, faces a minimum, non-suspendable 20-year prison sentence for the Class A felony. An argued sentencing date will be set on May 21.

The Epley trial was a bench trial, meaning Gilmore alone, not a jury, determined Evan's guilt or innocence. Gilmore explained that he reviewed the testimony and all the evidence presented in the weeklong trial two times in the past few weeks, and looked through case law and additional transcripts.

"It all came down to credibility," he said, apologizing for his nervousness this morning on the bench.

Gilmore also ordered that a victim representative be assigned to the case and a psychological evaluation be done to determine if Evan suffers from child abuse accommodation syndrome.

Family members called to Evan, saying they loved him as he walked back to the jury room, his head hung low and tears in his eyes, to speak with his father, Walter, and his attorney, Frederick Cohn. A sheriff's deputy followed close behind.

According to LaPorte County Prosecutor Robert Beckman, it was a correct verdict based on the evidence in the case.

"There were several critical pieces of evidence that show the version of events told by Evan did not occur. Showing self-defense requires proof, not just ‘the dead man made me do it,'" he said this morning. He said he was confident a jury would have made the same decision.

But Cohn said a substantial fight remains ahead concerning sentencing. The Chicago-based defense attorney requested a new trial; Gilmore told him the request would have to be filed after the sentencing.

"We feel part of the Indiana statute may be unconstitutional, and there are other issues involved," he said this morning, saying he was unsure whether he would appeal the case. "I've had no time to consider our options or re-look at the case."

‘It's just not right'

Family and supporters of Evan were left shaking their heads after the verdict. As Evan was led away, some immediately left the courtroom, tears in their eyes and bewilderment on their faces. Others, like Richard and Norma Volstoff, neighbors of the Epleys, stayed in their seats, quietly trying to comprehend what had just happened. "To me, Evan was a prince," Richard said. "He always helped us out."

Evan's father, Walter, said after talking to his son this morning that Evan is not doing well. He said the two of them talked about the possibility of a guilty verdict, but Evan still wasn't prepared for the decision.

Evan made no comment to the press.

"We're going to support him no matter what," Walter said.

Many seated behind Evan during the judgment questioned the validity of the case presented by Beckman, including outspoken Evan supporter Talbot Dorr of LaPorte, who remained silent and stone-faced for several minutes after the courtroom cleared out.

"I saw expert testimony called and it did not substantiate Mr. Beckman's theories," he said. "You have to prove beyond a reasonable doubt, and that is not what happened in this courtroom."

Standing outside the courthouse, John Longmore, Evan's longtime friend, said he was in shock.

"I don't believe it," he said, describing Evan as considerate and caring. "He would do anything for you. He's like my brother."

He said Beckman's case was all speculation with few facts, leaving room for different interpretations from other judges. "There is room for other opinions," he said. "No one really knows (what happened)."

Evan's sister, Chari, blamed the judge's decision on the prosecution's theory.

"To me it was all about their theory of what happened -- ‘We think, we speculate' -- not ‘we know,'" she said, visibly shaking and tears flowing.

"My brother's not capable of doing something like this without reason. I lost one brother and now I've lost another, and I feel like I've failed."



February 14, 2004

MC Man Enters Guilty Plea To Lesser Charge In Slaying

Colleen Mair

The testimony of Justin Ludwig was important in the case against convicted murderer James N. Smith.

To help secure that testimony, the LaPorte County Prosecutor's Office extended an offer to the 21-year-old for a more lenient sentence in return for his cooperation.

"Through his testimony, Mr. Ludwig gave us the most accurate version of what happened the night Lenny Bradley was killed," LaPorte County Prosecutor Robert Beckman said Friday, adding that the testimony matched the forensic evidence found at the scene.

On Friday morning, Ludwig pleaded guilty to one count of Class B felony robbery for his part in the crime in September 2001. His sentence will be argued on April 12 at 9 a.m.

He faces between 6 and 20 years in prison for the Class B felony charge.

According to court testimony, Smith shot Bradley in the head on Sept. 28, 2001 while the two sat in the front seat of his mother's Chevy Blazer. He took Bradley's wallet and the keys to his Ford Mustang. The two were neighbors at the Terrace Acres Mobile Home Court at 1204 W. U.S. 20 in Michigan City.

Ludwig, who lived with Smith at the time, was following behind the Blazer in his own station wagon.

Bradley's body, dragged into a Porter County cornfield, was not found until a month later when Smith was arrested in Ohio following a high-speed chase in Bradley's stolen Mustang. On Jan. 30, he was sentenced to 65 years in prison for the murder.

According to Beckman, the State of Indiana believes Ludwig agreed to take part in the robbery, but that he was not aware of the murder plans.

"We do not believe he had any knowledge of the murder," Beckman explained of why Ludwig was charged with robbery.

Ludwig was arrested two months after the murder at the Great Lakes Naval Base where he was in training in the military. He has remained in the LaPorte County Jail ever since.

"He came forth with the information and was willing to cooperate," Beckman said. "He was able to describe the abduction, confinement and location of the body in graphic detail. Our case would have been much, much more difficult to prove without his testimony."



January 17, 2004

But It Looks So Real . . .

LP Prosecutor Warns Against Big Check Scam

James Hambrock

Harlan Cook of LaPorte got a Fed-Ex package one day. It looked real enough, so he opened it.

Inside, he found a letter and a bank check. The letter told him he had won $100,000 as Third Grand Prize Winner in the International Lottery Sweepstakes of Canada. The catch? He had to send the grand prize department of the lottery $2,450 to cover fees related to receiving the money.

The letter said his credit report showed “a financial temporary inability to cover the necessary fees in order to claim your prize,” and said the included check, an advance from the Canadian government, was to be used to pay those fees. Before he could cash the check though, he had to contact a “Clearing Commissary Agent” to get a “check confirmation clearing authorization number.”

Cook, realizing the scam, did not respond. “I figured it was just another gimmick,” he said.

Cook was smart enough to realize what was going on, but many other Americans, especially the elderly, fall for this and similar scams, losing millions of dollars each year, according to the Federal Trade Commission.

Protect Yourself

LaPorte County Prosecutor Robert Beckman said he has seen check scams before and people should look closely at what they have and ask themselves if they ever entered such a lottery.

“Nobody is going to call up and give you a million dollars for free,” he said. “Go out and buy a ticket.”

Any contest that asks for a fee should also be suspect, he said. “I have never heard of a lottery where you have to pay a fee to collect,” he said. “It should be an immediate red flag. You pay the fee when you buy the ticket.”

Beckman also said credit reports never show how much money a person has, only where credit is extended, debt, defaults, bankruptcy and payment history. “There’s nothing in there that shows the ability to pay a bill,” he said.

As for the check Cook received, Beckman said it looked legitimate and could be cashed. With the availability of computer check-writing software, anyone can make a bogus check. “It’s as good as gold,” he said.

Suspect Check

The check was supposedly from Canada but it was a business check from Partners Healthcare System in Boston and backed by Fleet Bank in South Portland, Maine. Beckman said the looked real and had all the necessary information and signature. He said scam artists are able to “wash” checks with chemicals and reuse them.

He was suspicious of the high check number, 1584213, a sequence which Raenne Fischer, business account executive at LaPorte Savings Bank, said is highly unlikely to be legitimate. The majority of business checks, she said, only go to five digits. Personal checks stop at four.

But she said the check could be cashed because the process of verifying the funds can take several days and if the bank has a good business relationship with the customer, the money will be posted and made available, something the scam artist counts on.

Even if the check can’t be cashed, Beckman said, scammers may follow up with phone calls asking for personal information. But the bottom line, he said, is that unless you entered a contest, there is no prize, only trouble.

“In 2004, you have to protect yourself,” he said.




April 25, 2003

Hitting The System

Colleen Mair

For the fourth year in a row, the LaPorte County Metro Operations Unit has set a new record in the number of cases it handled.

In 2002, the unit dealt with more than 500 cases, resulting in the arrest of more than 250 people. The division's focus is to address the problems of drug trafficking in the county.

The unit made more than 200 drug buys last year.

However, "The specialized unit deals with more than just drugs," said LaPorte County Prosecutor Robert Beckman.

The unit also assists law enforcement with cases involving burglaries, thefts and robberies as well as gang-related crimes, and participates in prison investigations.

A vast majority of the metro cases, however, deal with drugs -- especially cocaine and pharmaceuticals. Ritalin is now the big drug on college campuses.

"The students will break up the capsules, destroying the time release so they can stay awake all night. It's speed," Beckman said.

The street value of the illegal drugs confiscated or purchased last year amounted to approximately $365,699.

"Pharmaceuticals are just as abused as cocaine and marijuana. It's a societal problem," he said.

The metro operations unit is staffed with law enforcement officers from several local jurisdictions who utilize a multi-office system to target high-crime areas.

Metro Operations is one of six divisions within the LaPorte County Prosecutor's Office.

Over the past four years, the metro unit has increased its caseload from 124 cases in 1998 to 507 cases last year.

The LaPorte Unit has also been expanded to include another full-time LaPorte City Police officer, as well as the appointment of a LaPorte City liaison officer between the agencies.

"The increase is due to the development of confidential informants, cooperation among the various local police departments, utilization of high tech surveil lance equipment and improved evidence-gathering techniques," Beckman said.

ADULT PROTECTIVE SERVICES:

Three caseworkers handle six area counties in the adult protective services division of the prosecutor's office, working to protect those who are senior citizens, mentally challenged or have an infirmity, against being victims of abuse and neglect or financial exploitation.

LaPorte County is the hub county of the state mandated program begun in 1985. The other counties include Porter, Starke, Pulaski, Jasper and Newton.

Last year, the service handled a total of 1,012 cases in the 6 county region compared to 1,149 in 2001.

BAD CHECK DIVISION:

The bad check division collected $251,592 last year for its 1,431 business clients, which is $19,127 less than the $270,719 that was collected in 2001 when there were 1,052 clients.

The numbers are attributed to companies like Blue Chip Casino, Wal-Mart and Meijer now utilizing the program.

"We attempt to collect the funds without the involvement of a collection agency. The program was developed and intended for anybody with bad checks," he said.

In addition, the bad check division also gives presentations to merchants on crime prevention at their businesses.

INFRACTION DEFERRAL PROGRAM:

A major money generator for the prosecutor's office is the infraction deferral program. A person who participates in the program cannot have a moving violation in the past two years.

Last year, 1,598 people participated in the program that allows for a ticket to be dropped from a person's driving record.

"If a person stays out of trouble, the tickets are dismissed and are not counted on their record," Beckman explained.

"The program is intended for those who do not repetitively get tickets."

A portion of the funds is then given back to law enforcement for its use, totaling $1,460 for the LaPorte City Police and $3,500 for the LaPorte County Sheriff's Department in 2002.

"It's due in part to the ongoing cooperation from local law enforcement agencies," Beckman said.

VICTIM ADVOCATE DIVISION:

Even more victims were assisted last year as they waited to hear the outcome of their perpetrator's cases.

Three advocates are assigned to the sheriff's department, LaPorte City Police Department and the Michigan City Police Department to assist victims in the county.

In 2002, 1,571 people sought help after being victimized, as compared to the 1,042 who stepped forward in 2001.

"The victim advocate division give us the ability to communicate with more victims in a timely fashion," Beckman said. "Detectives are then freed up to do their jobs and investigate the cases."


April 13, 2003

Solved ... after 21 years 

By Lee Schelling, The News-Dispatch  
   
Cindy Wood's family finally knows the man responsible for her 1982 murder

Investigators have told the family of a murder victim they have solved the case - more than 21 years after the crime. 

Tim Wood said LaPorte County Prosecutor Robert Beckman, Chief Deputy Atley Price, and Michigan City detectives Lt. Ben Neitzel and Sgt. Larry Litchford laid out the situation for him on Monday.

They told Wood the killer of his late wife, Cindy Wood, is a man who was sentenced Thursday to 65 years in prison on an unrelated attempted murder charge involving an attack May 19, 2002, on a 63-year-old woman.

Price confirmed Thursday that Billy Ray Ashley, 54, confessed in great detail to the 1982 murder of Wood.

But the road to this point has been a hard and brutal one for Tim Wood in his quest to find his late wife's killer. Wood said he now has some level of closure, but still feels that in some way complete closure will never come.  
 
Price characterized the attack on Wood as a "random act. A crime of opportunity," which added even more difficulty in trying to find leads to the killer for the last 21 years. "Up until recently we had no indication Mr. Ashley was ever connected to this case."

It was early on the morning of Feb. 20, 1982. Cindy Wood was walking to her Holliday Street home from the former Cedar Tap, 2317 Franklin St.

The mother of a young boy and girl only had a short time to live.

Tim Wood said investigators told him Billy Ray Ashley was returning from Gary that night after using heroin. Ashley drove off of Franklin Street and onto Greenwood Avenue, where he spotted Cindy Wood walking alone. He circled the block to come back and offered her a ride, Price said.

Because it was so cold, Wood accepted. Price said as Ashley drove, he asked Wood for money. When she refused, he then demanded sexual favors. Wood then became mad and called Ashley names.

At some point, Wood showed Ashley she had no money, but Price said Ashley said he thought she may have thrown the wallet out of the car. A passing motorist would find it later that day on Poplar Street.

Ashley became incensed, fought with Wood and then held her head down near the floorboard as he drove. In his confession, Ashley said he drove to the sand mining pit off of Washington Park Boulevard and pulled Wood from the vehicle.

At one time, Ashley had been a barber, and he had with him a straight razor. He allegedly used the razor to cut Wood's throat at least twice, cut her across her face and other parts of her body.

The slicing blows were so strong that a piece of the razor was left in Wood's cheek, Price said. "He initiated injuries that led to her almost immediate death."

During the attack, Ashley apparently cut his thumb.

He left Wood's body at the sand pit.

Needing medical attention, Ashley drove to LaPorte Hospital. His girlfriend at the time worked at St. Anthony Memorial Health Center in Michigan City, and he didn't want to raise suspicions, Price said.

Ashley told police he tossed the razor out of his car somewhere along Johnson Road at a bridge. "As near as we can ascertain, we believe he was talking about the bridge that goes over the Toll Road," Price said.

Authorities were able to verify that Ashley had been treated for a thumb injury that week in a follow-up appointment at the Medical Group. The girlfriend also verified to investigators there was a large amount of blood splashed in his car during that time.

Price said Ashley was smooth and began immediately laying the groundwork for an alibi, including telling his girlfriend he had been cut while defending her honor. He said another man had called her names and a knife fight ensued.

Ashley, as part of an agreement with the prosecutor's office, underwent a polygraph test and was hypnotized to help him recall details. Price called the hypnosis a wonderful tool.

Ashley recalled that Wood had talked about her family and that she had children and lived on Holliday Street. "There were facts that he would only know if he had contact with her," Price said.

Litchford kept close tabs on the case over the years and had pursued various leads in it in the 1980s and 1990s, but none of them panned out. He had been able to confirm many of Ashley's details - including little things that police had not known before, Price said.

Finding answers in the case is a relief to Litchford. He said not a day has gone by since Wood was killed that he hasn't thought about the case in some way. "I have thought about it just about every day that I have walked in the door."

The most important part for Litchford is being able to tell the family what happened to their loved one. He said the murder affected many lives in many ways. Former detectives no longer with the department - Kenneth Waltz, Dennis Schultz and Steve Bacztub - all worked the case, Litchford said. "They live with it, too, even though they are retired," he said.

Rumors, false leads, and false statements made to media also made the investigation difficult. "Things were said to the media that we just couldn't respond to."

Litchford said the people who were key in solving the case are the citizens of Michigan City. "People came to me with leads and one more time, if not for the people of Michigan City we wouldn't have solved it. I'd like to thank the people who came forward with leads. They know who they are."

Litchford regrets the case couldn't have been solved years ago, but there was nothing to point the way to Ashley as the killer. "There was never anything that would point to Billy Ashley up until last May (when Ashley tried to kill a 63-year-old woman)."

Amazingly, officials also believe Ashley may be linked to another Michigan City death - the Oct. 8, 1974, killing of Emmett Ard.

Ard's body was found in Trail Creek and his death had always been suspect, but leads, again, were few. Price said Ashley has indicated a knowledge of the crime.

"There is every indication he was involved, but we are not as confident in that case as we are in the Wood case. It is a much older case and there is nowhere near the amount of documentation available, either."
 




 

April 13, 2003

Widower: There Is Some Closure  
  By Lee Schelling, The News-Dispatch  
 
Investigators said Billy Ray Ashley gave some of his confession statement to police after he was promised the information would not be used to prosecute him for Wood's murder.

Chief Deputy Prosecutor Atley Price said the immunity offer came after lengthy consideration and discussion about the situation between police and prosecutors. 

At one point, authorities used hypnosis techniques to get information out of Ashley, Price said. The information matched up enough that officials felt comfortable in saying he was Wood's killer and that he acted alone.

Price said a look at Ashley's criminal record shows he often committed violent acts, such as robbery, when he also was using drugs.

On May 19, 2002, Ashley robbed and tried to kill a 63-year-old neighbor of his on Dupage Street. He thought she died, but the woman survived and identified Ashley as her attacker.

The woman was in LaPorte Superior Court 1 on Thursday as Ashley was sentenced.  

Ashley, wearing a green and white-stripped jail uniform, said he was sorry for the attack.

Ashley said he thought after serving 18 years in prison he was ready to return to society. He told his victim, "You did nothing wrong. I apologize to you. My prayer, my hope, is that you will forgive me. The man you met on May 19 is not the man who was released by this court (in 2000)."

Ashley asked Judge Walter Chapala to "not judge everybody else by what Billy Ashley did."

He said he would likely die in prison.

Chapala then sentenced Ashley to 65 years in prison on charges of Class A felony attempted murder and Class B felony robbery.

Ashley's victim was distraught and was helped out of court while in tears.

Meanwhile, Tim Wood, husband of the late Cindy Wood, also was in court to watch the sentencing. It was the first time he had seen his wife's admitted killer.

With Tim was his son, Clinton, and for him, the pain of his mother's death the last 21 years has been great. She was killed on his fourth birthday.

Tim and Cindy also had a daughter, Kelly. She couldn't be present.

Tim later remarried in 1985 to his current wife, Debi. He said the impact on their lives has been great and having the rumors and suspicion pointed at him over the years took its toll. It even forced him to move from Michigan City, lose jobs and even have a stint of being homeless.

Wood said watching Ashley in court was "pretty disturbing. There is some closure. We're not completely satisfied, but there's nothing else much we can do."

Wood said he takes some satisfaction in knowing Ashley will likely die in prison, but it does little to make up for the death of his wife and mother of his children.

Price said he hopes the Wood family is able to rest easier now and have closure. He also hopes people understand that the deal struck with Ashley is one that puts him into prison for life and also opened the door to solving a 21-year-old murder.

"We did our best with the cards that were dealt us in this case," Price said.
 



November 22, 2002

Former MC Harbormaster's 100-Year Sentence Upheld

MICHIGAN CITY (AP) -- The Indiana Court of Appeals has upheld a 100-year prison sentence for a former harbormaster convicted of child molesting.

Former Michigan City Port Authority Harbormaster John Rudisell, 40, pleaded guilty to two counts of child molesting. Prosecutors maintain he engaged in sex with more than 100 boys ages 12 to 16.

Rudisell argued in his appeal that LaPorte Circuit Court Judge Robert Gilmore took into account molestings he had not been charged with and charges that had been dismissed when he decided to hand down the maximum sentence.

However, the Court of Appeals said in its Nov. 19 ruling that it was appropriate to consider such uncharged acts because they indicate a high probability the offense will be repeated.

"He was actively out there looking for other children and getting the children to bring him other children," LaPorte County Prosecutor Rob Beckman said.

Authorities said Rudisell asked parents if the boys could perform yard work on his farm, then seduced the boys with alcohol, marijuana, pornographic movies and money.

Attorney Don Pagos said he would likely appeal to the Indiana Supreme Court.

Unless a court intervenes, the earliest Rudisell could be released is Oct. 16, 2050, said Pam Pattison, a spokeswoman for the Indiana Department of Correction.




November 7, 2002

County Prosecutor Looks Forward to 2nd-Term Progress

Colleen Mair

In the next four years as LaPorte County prosecutor, Robert Beckman says he can finally begin to instill his philosophies into the office.

The Democrat ran unopposed in the Nov. 5 general election, garnering more than 22,000 out of a possible 30,838 votes.

"When you first take office, you have to deal with the budget of your predecessor. In the second year, you can begin to restructure the office, taking a year and a half to figure out the office and determine what you're left with," Beckman said.

"In order to set up the ideas you have and have them come to fruition and move in your direction, you almost need a second term to hit your stride."

In his first term, Beckman has streamlined the office, he said.

"We're saving taxpayer money and I feel we have successfully performed our job responsibility of prosecuting criminal cases," he said.

In 2001, 4,600 cases came through the department, according to the office's annual report.

A deputy prosecutor is at every crime-scene investigation as part of protocol, including the scenes of fatal vehicular accidents that may have been caused by alcohol. The office's relationship with police is very important.

"We're available at all times, 24-7," he said. "It's important to see the crime scene because it's difficult to understand photographs nine months later when you go to present the case to a jury. We need to see, smell, taste and touch the lay of the land, making it easier to paint a picture. If nothing else, we provide an extra pair of eyes and brain power."

His 15 deputy prosecutors work part time.

"With a part-time schedule, I'm able to bring in professional, highly competent deputies who can also have private practices," he said. "The attorneys are then at a level of experience where they're a much more competent trial staff."

Beckman is also a trial attorney, trying cases in addition to his deputies. So far in his first four-year term, the prosecutor has tried three murder cases and two child-molesting cases in LaPorte and in Michigan City, as well as argued in a number of sentencing hearings. Four other major cases ended in last-minute plea agreements.

"I was a defense attorney for a decade in all the courts in this county," he said. "I was able to learn the whole system, which is essential to running an office this complex and large. I've done each one of the jobs and know what occurs."

Next Four Years :

In the next four years, Beckman plans to further economize where he can, getting the maximum work production.

"Tax dollars provide the funding for this office, so I'm a stickler for savings," he said.

He also anticipates facing several major issues in the structure of the criminal-justice system -- including a plethora of computer crimes.

In the future, politicians are going to have to make a conscious decision on what they can afford to continue to make illegal.

"The magnitude of conduct that is being regulated is getting out of control," he said. "If there's no money or manpower to collect the evidence, the cases will not be prosecuted. There's not a dime to be devoted to these crimes with all the money being spent on the ‘war on drugs.'"

To do his part, Beckman and his staff plan to lobby in Indianapolis to have certain laws changed. Through memos, letters and briefs, the office has already been influential in getting at least one law changed.

"Putting a gun to someone's head during a sexual assault was not listed as a violent crime, therefore a defendant would not get the consequence of the sentence," Beckman said. "We were able to get the law changed to a crime of violence.

"Politicians need to understand that they can take a law off the books and not be known as weak on crime," he added. "In the next four years, I will continue to provoke thought and discussion, because the worst thing you can do is to not discuss an issue."




November 1, 2002

Beware of Scams

Experts Give Seniors Advice

Nora Belzowski

Identity theft, mail fraud and similar scams are on the rise in LaPorte and its neighboring counties, and the elderly are often the victims of these crimes, according to LaPorte County Prosecutor Robert Beckman.

Beckman spoke Wednesday at a crime-prevention program at the Swanson Activity Center for Older Adults. The program included presentations from Detectives Kevin Ulam and Mike Dove of the LaPorte County Sheriff's Department, who specialize in the investigation of these crimes, and from Steve Fischbacher and Raeanne Fisher of LaPorte Savings Bank, along with representatives from Adult Protective Services.

"Scam artists rely upon your trusting nature," Beckman told the audience. "We want to educate you and help you gain insight into these scams."

Ulam, whose presentation covered telemarketing and mail fraud, said he has investigated 20 local cases of mail fraud this year.

Ulam said those working the scams operate locally or as far away as South America. They often have some ploy to get the unsuspecting victim to release credit-card numbers or other personal information.

"If it sounds too good to be true, it's probably not true," said Ulam.

He mentioned a case in which a victim got an "urgent" call from someone claiming to be a customs agent in Toronto, Canada. The so-called agent said he had a package worth $275,000, a sweepstakes prize, and to claim the prize the victim must send $3,000 to pay the tariff. In cases like these, the chances of recovering the stolen money are very slim.

"Be skeptical," Ulam said. "Hang up on fast talkers. These people are playing on your trust. Nobody likes to make a mistake. However, if you've ever been victims, let us know. Don't be embarrassed. It happens all the time."

Dove, who covered identity theft at Wednesday's presentation, warned about putting checks in your own mailbox and not being careful with pre-approved credit-card applications.

"The pre-approved credit-card applications have all your personal information on them. People can steal them from your mailbox, sign your name, and have them sent to a different address," he said.

Dove said it is important to get your mail from the box right away and to shred all throwaway papers that contain vital personal information, such as the credit-card applications, as some criminals will sift through the trash.

"Identity theft is a crime that is way out of control now," Dove said.

Another crime involves stealing checks from residential mailboxes and copying them, which can be done with a cheap computer software program. Dove recommended taking outgoing mail to a mail receptacle.

"Do not put your NIPSCO bill in the mailbox," he said.

Dove also stressed the importance of protecting Social Security numbers, mentioning he heard of a man who lost $400,000 due to identity theft and then had to pay huge legal fees to prove it.

"It falls on you to prove you didn't buy the things," Dove said.

Fischbacher, a security officer with LaPorte Savings Bank, reinforced these points.

"No one gives anything away for free and no respectable company will ask for personal information. These situations happen every single day," Fischbacher said.

Wednesday's program was sponsored by the LaPorte County Prosecutor's Office, Adult Protective Services and the Swanson Activity Center for Older Adults.

Call the LaPorte County Sheriff's Department at 800-548-5374 or Adult Protective Services at 874-5611, ext. 813, with any questions or concerns.

TIPS

Here are some tips:

>PROMPTLY REMOVE MAIL from your mailbox after delivery.

>DEPOSIT OUTGOING MAIL in post office collection mailboxes at your local post office.

>NEVER GIVE personal information over the telephone, such as Social Security number, date of birth, mother's maiden name, credit-card number, or bank PIN code, unless you made the call.

>SHRED PRE-APPROVED CREDIT-CARD applications, credit-card receipts, bills, and other financial information you don't want before discarding them in the trash or recycling bin.

>MEMORIZE YOUR Social Security number and all PIN numbers. Do not record them on any of the cards or on anything in your purse or wallet.

>SIGN ALL NEW credit cards immediately upon receiving them.

>SAVE ALL YOUR credit-card receipts and match them against you monthly bills.

>CONTACT THESE COMPANIES for credit reports or write to indicate you do not want your personal information shared for promotional purposes:

Equifax Inc. Options, PO Box 740123, Atlanta, GA 30374-0123;

Experian Consumer Opt-Out, 701 Experian Parkway, Allen, TX 75013;

Trans Union Marketing List Opt Out, PO Box 97328, Jackson, MS 39288-7328


October 22, 2002

Two Presented Officer of the Year Award 

By Amanda Haverstick 
 
Joined with their family members, friends and partners, Officers Tim Hazel and Nick Krause were both presented the Officer of the Year Award Tuesday afternoon by the Michigan City Exchange Club. 

“We get involved in many presentations throughout the year,” said Lou Weber, master of ceremonies, “but one of our proudest is our Police Officer of the Year.” 

Hazel and Krause were nominated by Assistant Chief Steve Jesse for an incident on May 18, involving the abduction and torture of a woman. The officers rescued the victim, but were soon involved in a fight for their lives while trying to disarm the suspect. As a result of the confrontation, Hazel was shot in the hand and the suspect died in gunfire. 

“They probably could not have picked two better officers to handle the situation,” said Jesse. “Right there you have the picture of two very fine police officers.” 

“What happened to you is what some folks never witness,” said LaPorte County Sheriff Jim Arnold. “What you did was something that had to be done.” 

Both officers received plaques and medals, which were presented by Exchange Club President Bob Johnson. Upon receiving his award, Hazel thanked Jesse, the Exchange Club, his fellow officers and his family. 

Also nominated for Officer of the Year were Officer Timothy Baker and Sgt. Sue Harrison. 

“I would like to thank my mom and my dad for bringing me up the way that they did,” he said. Hazel also acknowledge his partner, Nick Krause. “I have a lot of confidence in him. We’re great friends.” 

After receiving his award, Krause acknowledged Jesse, the Exchange Club and Hazel. “Everyday I look at my two kids and I thank God everyday that I get to spend the time that I do with them. I think He saved my life too that day,” Krause said. 

An Officer of the Year plaque with Hazel’s and Krause’s name was also presented to Police Chief Gene Simmons for display at the police department. Simmons acknowledged the support of the Exchange Club and all the nominated officers. “I would like to congratulate all our nominees for distinguishing themselves as Michigan City Police Officers.” 

Also present was Mayor Sheila Brillson and LaPorte County Prosecutor Rob Beckman. “The ceremony was touching,” said Brillson. “Many of the members of our department go above the call of duty.” 

Beckman noted all officers deserve the thanks of the community everyday. “I’m proud of these two officers for upholding the thin blue line and for doing what they were taught to do, and the rest of the community should be proud of them.” 

Simmons added, “It was a well deserved award for both recipients. They are both fine young officers. They do a good job for the Michigan City Police Department. We’re proud of them.” 

Hazel’s grandmother, Irene Taylor, also expressed pride in her grandson’s honor. “He loves his work. I’m proud of them both.” 

The Exchange Club also acknowledged the late LaPorte Sheriff Bob Blair, who was honored posthumously at last year’s program. The Officer of the Year Award has been presented by the Exchange Club for over 25 years
 

 

June 1, 2002

Beckman: Officers’ Actions Saved Lives 

By Stan Maddux 
 

LaPORTE — Authorities can now say for certain a woman held captive was not only beaten but tortured until she complied with numerous sexual demands from a former Indiana State Prison guard fatally shot by police. 

It’s also clear the victim and two policemen who responded to the woman’s 911 call in all likelihood would have died had one of the officers not grabbed 48-year old Dennis Zonyk as he was pulling out a gun, said LaPorte County Prosecutor Rob Beckman. 

More details of the May 18 ordeal at Zonyk’s Michigan City home were released during a news conference at Beckman’s office in LaPorte on Friday. 

According to Beckman, the 30-year old woman was at a tavern in LaPorte on the night of May 17 and got a ride to a bar in Michigan City from a man she knows. 

The woman stayed the night in Michigan City at a friend’s house. 

The next morning, she was walked along Wabash Street near Lighthouse Place looking for a pay telephone so she could get a ride back to LaPorte where she lives. 

Zonyk pulls up and offers her the use of a telephone at his home and she got in his car. 

Zonyk drove into his garage, which is attached to the home, closed the garage door and escorted the woman inside. 

After a few minutes of small talk, Zonyk grabbed her and said “you’re taking all of your clothes off. You’re not going anywhere,” said Beckman. 

The woman, described as petite, exchanged blows with the much larger Zonyk but eventually succumbed to the beating and agreed to remove her clothing if Zonyk stopped hitting her. 

For more than six hours, the woman was brutalized and abused numerous times, Beckman said. 

At one point, the woman came close to escaping but Zonyk stopped her in the garage where he was hit several times the head with a pipe by the woman. 

He eventually wrestled the pipe away and repeatedly beat her with it until dragging the woman back inside the home where he put a leather belt around her neck. 

Like a “hangman’s nuise,” Zonyk tightened the belt each time until she submitted to his numerous other demands for oral sex, Beckman said. 

His method of torture took a different twist when Zonyk forced the woman into a shower and “washed her from head to toe in cold water,” Beckman said. 

After the shower, Zonyk put handcuffs on the woman. 

He was in another room when the woman spotted a cordless telephone on a coffee table. 

Despite hands handcuffed behind her back, she managed to lift the telephone off the receiver and dial 911. 

Afraid of drawing Zonyk’s attention, the woman didn’t talk. 

She just slid the telephone underneath a pillow or the couch, Beckman said. 

The call, though, registered with a 911 dispatcher at the county complex in LaPorte who then contacted a dispatcher with Michigan City Police to return the call to determine if some sort of assistance was needed, Beckman said. 

After Zonyk replied everything was fine, Michigan City police officers Nicholas Krause and Tim Hazel were dispatched to the scene which is standard procedure as a final precaution for 911 calls involving no response or hang ups, Beckman said. 

Realizing police were coming, Zonyk taped the woman's mouth shut, grabbed a gun and told her “in a few minutes I’m going to be dead and so are you.” 

He greeted the officers by stepping onto the front porch holding the gun behind his back. 

The naked and bloodied woman also made her way onto the porch and may have run out into the yard, Beckman said. 

Knowing police saw the woman, Zonyk started to draw his weapon. 

Officer Hazel, who was just a few feet away, charged and grabbed Zonyk in hopes of preventing him from getting a good shot and to get the gun. 

Both men tumbled off the porch onto the ground struggling over the weapon. 

Officer Krause then jumps on top of Zonyk who was on his back when he fired a shot that flew right past Krause's ear. 

“He could hear it. He could feel it. He actually thought he was shot,” said Beckman. 

With one hand on Zonyk’s chest to help keep him on the ground, Hazel fired a shot that first grazed Zonyk on the cheek then penetrated his chest just below the skin. 

Officer Hazel’s hand was also in the way of the bullet which took off the tip of his left index finger. 

As the struggle continued, Zonyk fired another shot past Krause’s mid-section. 

It was then that Hazel fired a second shot into Zonyk's forehead which proved fatal a short time later, Beckman said. 

The entire ordeal between the officers and Zonyk was over in less than a minute. 

Beckman and Michigan City Police Chief Gene Simmons commended the officers for grabbing Zonyk instead of trying to out draw him. 

Because Zonyk was already holding a gun, chances are he would been able to fire first “and in all probability our two officers get shot,” said Beckman. 

Authorities didn’t know why Zonyk tortured the woman or if he wanted to die at the hands of police. 

However, Beckman said dying may have been Zonyk’s wish because he told the woman both he and her would soon be dead as police were approaching. 

“We’re in no position to get into somebody’s head, but the most important aspect of that is the statement he made,” Beckman said. 

Zonyk was a correctional officer at Indiana State Prison from 1979 to 1999 when he resigned for undisclosed reasons. 

Neighbors described Zonyk as kind of a loner who exhibited unusual behavior, often talking or mumbling to himself and lapsing into fits of rage. 
 



April 19, 2002

Beckman: Efficiency Has Improved

Colleen Mair

In three years, the LaPorte County Prosecutor's Office has made extraordinary advances with no additional money or manpower, according to Prosecutor Robert Beckman.

"We now have three fully functioning law offices in LaPorte County," Beckman said. "I'm really proud."

From the number of attorneys in the courtroom to changing the pay schedule designed to motivate people to work harder, Beckman reorganized every department three years ago when he was elected.

Through additions to departments, full computerization of the Child Support IV-D office, and consolidations and reconfigurations, the department is designed to provide the best services to county residents with "the minimum level necessary to support the services rendered," Beckman said.

Each of the 41 workers receives training using the proper equipment that now offers access to the Internet for legal research.

"We're able to run the office much faster with everyone having been upgraded to the 21st century," Beckman said. "We're able to produce more."

During 2001, the final phase of the Michigan City office remodeling was completed with the refurbishing of the Child Support IV-D office. In addition, new security doors were installed in the Michigan City Superior Courthouse and LaPorte offices.

Beckman attributes the success of the office to his accessibility to the public and availability at crime scenes 24 hours a day. He also considers ideas from his employees such as the child-support Amnesty Program.

"I'm not afraid to take a chance," he said about the program that resulted in 140 inquiries and 17 cases where child-support money is now being collected. "But there's still ways to do more and get more bang for your buck."

In 2001, the office also continued its effort to monitor spending, returning $58,112 of the office's budget to the county's general fund, which is made up of tax dollars to be used for other areas of improvement in the county.

"This office continues to progress, making large strides," Beckman said. "For the same amount of money, we have expanded the cases rendered, only spending what we need."

Investigations

In 2001, 1,343 felony cases were filed in LaPorte County as compared to 1,302 in 2000, while 593 juvenile-delinquency cases were filed as compared to 587 in 2000.

In addition, 3,274 misdemeanor cases were filed and 17,920 infractions filed in the adult court system. There were five jury trials for offenses including murder, robbery, child molesting, burglary and battery.

"With the increased cases, we don't see a large increase in crime, but rather an increase in filings," Beckman said. "With our continued cooperative effort between law-enforcement agencies, more crimes are being solved with sufficient evidence and are then able to be filed in court."

Each month, Beckman meets with local law enforcers to update each department.

"It's not because of lack of effort that other cases have not been solved," he said. "I cannot create evidence to make cases."

Office staff has also typed 7,915 of the department's overall cases into the department's computer system used for tracking county criminal cases, which represent more than 12,000 criminal counts.

"People have no idea the magnitude of cases we handle," Beckman said. "We hope by the end of the year to have every single misdemeanor and felony case in the system."

The arrest information is then transmitted to the Indiana State Police through ProsLink, the prosecuting attorney's statewide criminal database.

"For the first time in history, the county will have every single conviction entered into the computer system accurately, which is critical to a prosecutor preparing for a trial," Beckman said.

Also critical is the training received by local law-enforcement agencies, some of which is provided through the prosecutor's office. Some of the topics included domestic violence, drugs and firearms.



April 19, 2002

Beckman Heralds Child-Support, Arrest Increases

Colleen Mair

When LaPorte County Prosecutor Robert Beckman came into office, he made what he thought was the unrealistic goal of collecting $7 million in back child support owed to families throughout the county.

Three years later, in 2001, the office has collected $6.4 million - a 50 percent increase in total collections from 1998 through 2001, according to Beckman. With one year left in his current term, "Everyone in the department has stepped up to the plate," Beckman said of the 11 employees in his department who work for the IIII-D area, which focuses solely on collecting money owed to dependent families.

The amount the prosecutor's office collects is only a part of the millions the county Child Support Division collects each year in support payments.

LaPorte County also continued last year's initial efforts of the Child Support Division to file felony criminal non-support cases. It resulted in four felony convictions and about $9,000 in lump-sum payments.

"We're anticipating filing additional felony criminal cases this year as a last resort in cases where all other civil remedies have been exhausted and the arrearage exceeds $15,000," Beckman said.

Adult Protection :

With the continual aging of the adult population, Adult Protective Services (APS) has also seen an increase in reported cases during 2001.

The focus of APS is investigating cases of abuse and neglect and the exploitation of adults with mental and physical disabilities within a six-county area: LaPorte, Porter, Jasper, Starke, Newton and Pulaski. During 2001, APS received 1,149 reports of alleged abuse, neglect and/or exploitation compared to 830 in 2000. Of the 1,149 cases, 507 were in LaPorte County.

Increased funding through the state and continued funding through the Indiana Criminal Justice Institute have allowed for the hiring of an additional investigator to "become more familiar with the court system, police departments and various agencies in their territories," according to Beckman.

Bad-Check Program :

The Bad-Check Program continued to expand and perform more services to the recipients of bad checks in 2001, increasing both the cases handled and the amounts collected.

With one bad-check administrator, the division processed 382 more cases in 2001 than in 2000 at 1,434 cases, collecting $270,719, which is $108,000 more than in 2000.

"We've exceeded all prior years' statistics," Beckman said.

This is attributed partly to the division having more businesses utilizing the program, among them Blue Chip Casino.

A newly created system also allows all restitution secured through court action to be released to the Bad-Check Program for distribution to the recipient business, allowing for more timely reimbursement and better record keeping.

Drug Trafficking :

The LaPorte County Metro Operation Unit, designed to address the drug trafficking problem in LaPorte County and to assist in police investigations, increased its caseload from 124 cases in 1998 to 419 cases in 2001.

Charges were filed against 319 of the defendants who were arrested not only for drugs, but also burglaries, thefts, armed robberies and gang-related crimes.

"The increase in cases is explained through the development of confidential informants, cooperation among the various local police departments, utilization of high-tech surveillance equipment, and improved evidence-gathering techniques to better prepare cases for prosecution," Beckman said.

The operation targets high-crime areas in the two major cities and in the county by pooling manpower, resources and equipment.

"We have the most successful drug operation unit for a county of our size and some that are bigger," Beckman said.

With the success of the unit, the U.S. Drug Enforcement Administration assigned the Mobile Enforcement Team (MET) out of Chicago to assist LaPorte County officers in impacting drug trafficking. After five months, they arrested more than 100 drug dealers and confiscated more than $300,000 in illegal drugs, including methamphetamines and Ecstasy, he said.

Victim Advocates :

The Victim Advocate Division during 2001 also completed its goal of having three victim advocates - one responsible for each of the three major law-enforcement jurisdictions in LaPorte County.

The additional advocate, located within the LaPorte County Sheriff's Department, came through a grant. Advocates help those affected by rape, abuse, theft and murder. The other two are at the Superior Courthouse in Michigan City and the LaPorte City Police station.

In 2001, 1,042 victims were helped. Of those, 582 were in LaPorte.

"Now we're able to service a wider variety of people and be more accessible, which is critical in a county with a two-city structure."



January 24, 2002