S'ville judicial candidate cleared of alcohol charge
Judge said observations did not back up breath test
NWI Times
Apr 24, 2003
nwitimes.com/news/state-and-regional/s-ville-judicial-candidate-cleared-of-alcohol-charge/article_9926ddff-c81a-590e-99f1-a7fcf7bc23cb.html
SCHERERVILLE -- A town judge candidate has been cleared of a drunken driving charge two weeks before the election.
The Lake County prosecutor's office dismissed a misdemeanor count against Randy A. Godshalk on Tuesday after a judge ruled the evidence against him was too unreliable to be used in a trial.
"The court did not believe the (arresting) officer's testimony that a portable breath test registered .14 percent was accurate based upon all other observations," Godshalk stated Wednesday.
Godshalk is one of four Democrats running in the May 6 primary for municipal judge. The others are Kenneth L. Anderson, Benjamen W. Murphy and the incumbent judge Deborah A. Riga.
Murphy was charged last week with operating a vehicle while intoxicated on Interstate 65 in Merrillville.
Officer Robert W. Bailey arrested Godshalk the night of Jan. 28 at Broad Street and Manor Drive in Griffith for failing to turn on his headlights.
The arresting officer alleged Godshalk had watery eyes, a faint odor of alcohol and was slow in reciting the alphabet. He said Godshalk submitted to the portable breath test.
Merrillville lawyer Paul Stracci, who represents Godshalk, said Wednesday, "The videotape was the key. It was indisputable evidence there was no probable cause to arrest him."
Pro-tempore Superior Court Judge Kristina Kantar wrote in her findings that Godshalk's "driving, motor skills, speech, mental acuity and reaction time were all unimpaired."
Kantar said Bailey's squad car was equipped with a camera that shows Godshalk getting out of his car, walking to the police car and a microphone that recorded his conversation with the officer.
"Defendant's speech is not slurred. His thinking appears to be clear, rational and coherent and at all time (Godshalk) remains cooperative and compliant," according to Kantar.
The judge also ruled the portable breath test wasn't reliable enough and that neither a better breath tester nor certified operator were available that night to measure Godshalk's blood-alcohol concentration.
Judge puts bailiff on unpaid leave
Employee investigated for referring defendant to his personal lawyer
Post-Tribune (IN)
April 23, 2003
A bailiff for Lake Superior Court Judge Julie Cantrell has been placed on administrative leave without pay pending the outcome of a criminal investigation.
Dennis Chinn was placed on leave by the judge about a month ago when allegations of wrongdoing surfaced against him.
So far, Chinn, who once served as a police officer for both Hammond and Gary, has not been charged with a crime.
Cantrell declined comment on the case, but did confirm that she had placed Chinn on administrative leave without pay.
According to sources, Chinn is being looked into for his role in referring a defendant in Cantrell's courtroom to his personal defense attorney.
The defense attorney also happens to work as a public defender in Cantrell's courtroom. However, the attorney represented the defendant as a private attorney, not a public defender.
Chinn allegedly went to the Hammond home of the defendant to collect on a $1,500 debt, reportedly owed by the person for the services of the defense attorney.
The person refused to pay and contacted Cantrell's court to report the incident.
Lake County Prosecutor Bernard Carter declined comment on the case, but did say it is being investigated.
The Lake County sheriff's office investigated the allegations and has submitted a report to the prosecutor's office, according to spokesman Mike Higgins.
The report reportedly does not come with a recommendation on whether criminal charges should be filed against Chinn, according to sources.
Because Chinn is a brother-in-law of Miguel Arredondo, a deputy commander with the sheriff and the former chief of police, Higgins was asked if there was a conflict of interest.
"I don't see a conflict there because Arredondo had nothing to do with the investigation," Higgins said. "He was nowhere near it."
Another Schererville judicial candidate arrested
No court date set yet for OWI charge
NWI Times
Apr 22, 2003
nwitimes.com/news/state-and-regional/another-schererville-judicial-candidate-arrested/article_b241aa87-f147-5b50-a09b-f5aeb9aa8010.html
SCHERERVILLE -- Another candidate for town judge is awaiting trial himself in another court on drunken driving allegations.
Benjamen W. Murphy, 30, of Schererville, one of four Democrats running in the spring primary, declined comment Monday about a charge of operating a vehicle while intoxicated now pending in Lake Superior Court County Division.
State Police Trooper D. E. Turner alleges in a probable cause affidavit he stopped Murphy's beige four-door 2003 Cadillac at 12:55 a.m. April 12 in the northbound lanes of Interstate 65, one half-mile north of U.S. 30 for unsafe lane movement and for traveling 70 mph in a 55 mph zone.
Turner alleges Murphy smelled of alcohol, had watery eyes, was unsteady and failed a field sobriety test. A breath test indicated Murphy had a blood-alcohol concentration of 0.14, which is more than the legal limit, the affidavit said.
He has not been arraigned. No court date is set in the matter.
Randy A. Godshalk, another Democratic candidate for town judge, is awaiting trial on a operating a vehicle while intoxicated charge. He was arrested Jan. 28 at Broad Street and Manor Drive in Griffith for having failed to turn on his headlights, according to Superior Court documents.
The arresting officer alleges Godshalk had watery eyes, a faint odor of alcohol and was slow in reciting the alphabet. He also submitted to a portable breath test that indicated his blood-alcohol concentration was 0.14.
Godshalk is pleading innocent.
Town Judge Deborah A. Riga, the incumbent, and Kenneth L. Anderson of Schererville are the other candidates in the Democratic primary. There are no Republicans running for the office.
Attorney demands documents from Schererville town judge
Political opponent's campaign treasurer says tickets being classified to benefit town
NWI Times
Apr 9, 2003
nwitimes.com/news/local/attorney-demands-documents-from-schererville-town-judge/article_df685b2e-9866-5571-8c7c-3a7cacdea32d.html
CROWN POINT -- A lawyer claims Schererville Town Judge Deborah Riga could be hiding evidence of the illegal redirection of thousands of dollars in state and county court revenues to Schererville's town coffers.
Frank R. Martinez, a Highland attorney and a campaign official for one of her political opponents, is suing Riga to obtain court records he believes may prove his case.
Riga said Tuesday that Martinez's suit is only a political ploy to embarrass her over a minor problem she resolved last year.
She is running for re-election in the May 6 Democratic primary. She is opposed by attorneys Randy A. Godshalk, Benjamen W. Murphy and Kenneth L. Anderson. Martinez is Anderson's campaign treasurer.
The Indiana State Board of Accounts conducted a routine audit of the Town Court's financial books for the years 2000 and 2001. It issued a report in December taking the judge to task for reclassifying eight traffic tickets Schererville police issued.
The drivers originally were charged with state infractions, which would require all court fines and fees to be split among state, county and local government treasuries. Riga reclassified them as violations of town ordinances and all of the money paid by the drivers stayed home in Schererville's bank accounts.
The State Board of Accounts demanded the court return $950 for those eight tickets. Riga said it was returned, even though she believes two of the tickets were properly classified. "Everything was documented. Everything was brought up to par."
However, Martinez contends he has spoken with former Town Court employees who say "there are many, many more such tickets." He asked the judge in writing in February to provide him with copies of nine more traffic tickets and seven months of court receipt books so he can do his own search for improperly reclassified tickets. "I haven't heard from her yet. I wonder why?"
He also filed a complaint with Anne Mullin O'Connor, public access counselor for Indiana, who states in writing she attempted to contact the judge, but her telephone calls were not returned and that her request for public documents had been denied.
Martinez contends in his suit the Town Court is in violation of the state's public records law and is seeking an order from a Superior Court judge demanding the documents be made available to him.
Riga said she hasn't seen the suit and won't comment on it.
