12132012 - News Article - Judge tosses dog evidence in Union Twp. murder trial

Judge tosses dog evidence in Union Twp. murder trial

December 13, 2012 - 7:19 pm

Bob Kasarda

NWI Times

nwitimes.com/news/local/porter/valparaiso/judge-tosses-dog-evidence-in-union-twp-murder-trial/article_d40524f7-1c46-547d-86e9-b60bf25d4bea

VALPARAISO - A judge has ruled bloodhound evidence will not be introduced during the February murder trial involving Union Township resident Dustin McCowan.

McCowan, 20, is accused in the slaying of his former girlfriend, Amanda Bach. Bach, 19, was found shot to death Sept. 17, 2011 about 300 yards from McCowan's house.

Porter Superior Court Judge Bill Alexa said the state Supreme Court ruled in 1917 that bloodhound evidence is inadmissible.

The court analyzed and quoted numerous cases from other states, the majority of which "recognize the fact that such evidence is of a very dangerous character, and that, when received, it is to be with caution, " according to Alexa's ruling.

"While the court agreed that bloodhound dogs are 'carefully trained,' the court ... stated that all dogs 'are not equally unerring, and each may fail at times in being truthful,'" Alexa said.

Alexa also cited a 1985 state Supreme Court case upholding those earlier findings.

Portage-based defense attorney John Vouga said Thursday he believes the judge ruled correctly considering the state's history on the issue of bloodhound evidence.

Porter County Deputy Prosecutor Cheryl Polarek said she believes the bloodhound evidence in this case is strong, but was not surprised by the ruling.

"We understood it could go either way," she said.

The dog in this case had tracked trails from where Bach's body was found to both her car and to McCowan's nearby house.

Polarek said she still has a solid case against McCowan, who is being held without bond at the Porter County Jail until his Feb. 4 trial.

During a bond hearing in November 2011, police unveiled several key pieces of evidence in addition to the bloodhound information, including tracing McCowan's cellphone to the sites where Bach's body and her vehicle were found.

There also is a witness, who identified McCowan as the "Justin Timberlake-looking kid" he saw walking in the area that September day.

Other revelations that surfaced included McCowan's father, Crown Point police Officer Joseph Elliott McCowan, telling investigators a .38-caliber revolver was missing from his home.

Along with that, ammunition for a .38-caliber gun appears to match the bullet taken from Bach's body.

A detective said at the time that of the 90 pieces of evidence collected and up to 150 people interviewed, nothing pointed to anyone but McCowan as being responsible.

12072012 - News Article - Man admits killing wife at her shop

Man admits killing wife at her shop
Post-Tribune (IN)
December 7, 2012
www.newsbank.com

A Chesterton area man admitted Thursday to murdering his estranged wife, shooting her multiple times with an AK-47 assault rifle and leaving her dead with her blood splattered in a fine mist over the walls and ceiling of her Portage business.

Fredrick C. Cashner Jr., 56, pleaded to felony murder with the courtroom filled with family of his victim, Cynthia Cashner, 50.

Porter County Superior Court Judge Roger Bradford set Cashner’s sentencing hearing for 11 a.m. Jan. 3.

If Bradford accepts the terms of the plea agreement, he will sentence Cashner to 45 years in prison, which is the minimum amount of time that Indiana law allows for the required 45- to 65-year sentence.

The plea hearing went quickly with Cashner admitting to going to his wife’s place of business with the assault rifle intending to kill her.

The murder happened on Easter night, April 24, 2011.

Cynthia Cashner was staying at her business, Mystic Moon, on the second floor at 5830 U.S. 6, in Portage, because of problems with Cashner.

She had filed for divorce in March 2011, and a provisional order gave her a vehicle and made her husband responsible for marital bills and health insurance for her.

Fredrick Cashner forced entry into the business by smashing in the downstairs blue security steel door, shattering the glass into a spider web pattern held up by the steel mesh embedded in it.

He shot her eight times in the neck, torso and extremities.

Someone had called 911 about 10:22 p.m., but the dispatcher only heard the labored breathing of what police later presumed was Cynthia Cashner.

The dispatcher tried to get a response, but 20 seconds into the call the dispatcher heard a male voice say, “It’s too late” and something indistinct.

After three or four gunshots, the breathing stopped.

Police found her on an air mattress on her back and right side, legs folded as if she’d sat cross-legged, a laptop computer between her legs.

About 30 minutes into the crime scene investigation, the victim’s son called 911 and said Fredrick Cashner called him and told him he had killed Cynthia and that the son should call 911.

A SWAT team soon surrounded Cashner’s residence in the 300 block of East Tratebas Road when he didn’t answer, but when they said they were coming in with a warrant, he walked out and calmly stated, “What took you so long?” and “I’ve been waiting for you, and there’s no problems here,” according to court documents.

In Cashner’s truck, police found an AK-47 with a round chambered, an extra ammunition magazine for it and a hammer with blue paint flakes that matched the door of Mystic Moon.

12062012 - News Article - Man admits killing wife at her Portage business; faces 45 years in prison

Man admits killing wife at her Portage business; faces 45 years in prison
Post-Tribune
December 6, 2012 - 3:44PM
http://posttrib.suntimes.com/news/porter/16853192-418/man-admit-killing-wife-at-her-portage-business.html

　

A Chesterton area man admitted Thursday to murdering his estranged wife, shooting her multiple times with an AK-47 assault rifle and leaving her dead with her blood splattered in a fine mist over the walls and ceiling of her Portage business.

Fredrick C. Cashner Jr., 56, pleaded to felony murder with the courtroom filled with family of his victim, Cynthia Cashner, 50.

Porter County Superior Court Judge Roger Bradford set Cashner’s sentencing hearing for 11 a.m. Jan. 3.
If Bradford accepts the terms of the plea agreement, he will sentence Cashner to 45 years in prison, which is the minimum amount of time that Indiana law allows for the required 45- to 65-year sentence.

The plea hearing went quickly with Cashner admitting to going to his wife’s place of business with the assault rifle intending to kill her.

The murder happened on Easter night, April 24, 2011.

Cynthia Cashner was staying at her business, Mystic Moon, on the second floor at 5830 U.S. 6, in Portage, because of problems with Cashner.

She had filed for divorce in March 2011, and a provisional order gave her a vehicle and made her husband responsible for marital bills and health insurance for her.

Fredrick Cashner forced entry into the business by smashing in the downstairs blue security steel door, shattering the glass into a spider web pattern held up by the steel mesh embedded in it.

He shot her eight times in the neck, torso and extremities.

Someone had called 911 about 10:22 p.m., but the dispatcher only heard the labored breathing of what police later presumed was Cynthia Cashner.

The dispatcher tried to get a response, but 20 seconds into the call the dispatcher heard a male voice say, "It’s too late" and something indistinct.

After three or four gunshots, the breathing stopped.

Police found her on an air mattress on her back and right side, legs folded as if she’d sat cross-legged, a laptop computer between her legs.

About 30 minutes into the crime scene investigation, the victim’s son called 911 and said Fredrick Cashner called him and told him he had killed Cynthia and that the son should call 911.

A SWAT team soon surrounded Cashner’s residence in the 300 block of East Tratebas Road when he didn’t answer, but when they said they were coming in with a warrant, he walked out and calmly stated, "What took you so long?" and "I’ve been waiting for you, and there’s no problems here," according to court documents.

In Cashner’s truck, police found an AK-47 with a round chambered, an extra ammunition magazine for it and a hammer with blue paint flakes that matched the door of Mystic Moon.

12062012 - News Article - Porter County man pleads guilty to murdering his estranged wife

Porter County man pleads guilty to murdering his estranged wife
Northwest Indiana Times
December 06, 2012 - 11:51 am
http://www.nwitimes.com/news/local/porter/portage/porter-county-man-pleads-guilty-to-murdering-his-estranged-wife/article_779a3fd4-fb9f-5b42-86b6-20ab871d6078.html

VALPARAISO | Jackson Township resident Fredrick Cashner Jr. showed no emotion Thursday as he pleaded guilty to murdering his estranged wife in 2011 by repeatedly shooting her with a high-powered semiautomatic rifle.

The 56-year-old's plea is in return for the minimum sentence of 45 years behind bars, which he can complete in half the time with good behavior and participation in various prison programs.

Brian McGowan, who is the brother of 50-year-old murder victim Cynthia Cashner, said the family is pleased with the proposed plea agreement considering there will be no trial and no chance for appeal.

It was McGowan's understanding the defense wanted to argue the shooting was the result of sudden heat and thus should result in a lesser charge.

The family plans to return Jan. 3 when Judge Roger Bradford will decide whether to accept the proposed plea agreement and carry out sentencing, McGowan said. The group has been waiting until that time to spread Cynthia Cashner's ashes.

"We're waiting to put this behind us," he said.

Cashner is accused of killing Cynthia Cashner on April 24, 2011, by firing at least eight bullets into her body.

She was found dead on an air mattress after police received a 911 call about 10:25 p.m. from her Mystic Moon Herbal Shoppe, 5830 U.S. 6, Portage.

Dispatchers reportedly heard faint breathing on the line and nothing else, though on second review, detectives later heard a male voice in the background say, "It's too late," followed by three or four gunshots, police said.

When Bradford asked Fredrick Cashner on Thursday if he intended to kill his estranged wife, he initially said no.

After conferring with his defense attorney, Paul Stracci, Cashner responded with a yes to that question and to others asking if he pointed the gun at the victim and pulled the trigger multiple times.

Cashner's case had been set to go to trial Jan. 7.

12042012 - Change.Org - Online Petition To Have Soderquist Removed From Office

December 04, 2012: 
Online petition to have Soderquist removed from office 
Charge.org 
By Abbi Holcomb – Lake Station Indiana 
http://www.change.org/p/lake-station-indiana-mayor-keith-soderquist-step-down-as-mayor-of-the-city

12032012 - News Article - Lake Station council looking at possibly abolishing city court

Lake Station council looking at possibly abolishing city court

NWI Times 

Dec 3, 2012 

http://www.nwitimes.com/news/local/lake/lake-station/lake-station-council-looking-at-possibly-abolishing-city-court/article_cab469b9-1aa5-561a-a08d-3b0d302f5c9c.html

LAKE STATION | The City Council is looking to possibly abolish city court by Jan. 1, City Attorney Ray Szarmach said.

Szarmach said he was directed by the City Council to draft an ordinance abolishing the court. The council will consider the ordinance at its 6 p.m. Thursday meeting in the municipal complex, 1969 Central Ave.

The main reason for abolishing the city court is due to falling revenues, City Council President Garry Szostek said.

"The court has been losing money for three to four years. ... It has to be discussed," Szostek said.

City Judge Chris Anderson, when reached for comment, said he wasn't aware of the ordinance being considered by the City Council.

Anderson said he planned to research the legality of the move including the status of his term which doesn't end until 2016.

"I don't think it's the right thing to do; it's a bad decision," Anderson said.

The City Council has also ordered an audit of city court finances, Szostek said.

According to state law, a City Council or Town Board can establish or abolish its city or town court every four years, Szarmach said.

"Municipalities are strapped for cash," Szarmach added.

Anderson and city officials have often been at odds this past year, including legal action Anderson initiated and won.

Anderson filed suit after the City Council on June 13 agreed to transfer two clerk positions from Anderson's supervision and budget.

The two positions included the previously fired stepdaughter of Mayor Keith Soderquist.

Anderson's supervision of the two clerk positions and the related budget were restored on Oct. 29 following an order issued by Lake Superior Court Judge Calvin Hawkins.

Anderson said city officials also have continued to criticize him for bringing in less revenue through court fees, claiming he has waived court fees. Anderson denies he has ever waived any court fees.

Rather, total revenue from court-related fees has been reduced because there have been fewer total cases, Anderson said.

Anderson believes the transfer of his two clerks was directly related to him firing the mayor's stepdaughter, Miranda Brakley, on June 7. Soderquist denies that allegation.