State Board Of Accounts
Examination Report Of Lake Station City Court - January 01, 2011 - September 30, 2012
January 31, 2013
Thursday, January 31, 2013
01312013 - State Board Of Accounts - Examination Report Of Lake Station City Court - 01012011-09302012
State Board Of Accounts
Examination Report Of Lake Station City Court - January 01, 2011 - September 30, 2012
January 31, 2013
Wednesday, January 23, 2013
01232013 - News Article - Former jail inmate says Dustin McCowan admitted to shooting Amanda
Former jail inmate says Dustin McCowan admitted to shooting Amanda
NWI Times
January 23, 2013 - 8:00 pm
January 23, 2013 - 8:00 pm
VALPARAISO - A former inmate at the Porter County Jail claims Dustin McCowan told him while they were locked up that he shot someone named Amanda and buried the gun so well it never will be found.
Daniel Grunhard said McCowan, who's accused of killing Amanda Bach, told him he shot Amanda with a gun he kept under the seat of his car because she crossed him.
Grunhard, 35, who is now serving a six-year sentence at the Westville Correctional Facility after failing out of the county's drug court program last fall, said McCowan did not say how Bach had crossed him.
Porter Superior Court Judge Bill Alexa confirmed Wednesday afternoon that prosecutors may use Grunhard's claims as part of their case against 20-year-old McCowan, who will stand trial Feb. 4 on a charge of murdering 19-year-old Bach, of Portage.
Bach, who was McCowan's former girlfriend, was found dead Sept. 17, 2011, about 300 yards from McCowan's Union Township home.
The claims by Grunhard triggered a hearing Wednesday afternoon because he is a client of John Vouga's Portage law firm, which also is representing McCowan.
Vouga told Alexa on Wednesday if Grunhard is allowed to testify, he and other attorneys at his firm will be put in a professional and ethical conflict that could result in sanctions, including suspensions.
The firm has confidential information about Grunhard from his own criminal case that could be used to his detriment if the Valparaiso resident testifies against McCowan, Vouga said. The firm would be in conflict with their representation of Grunhard if they reveal the information at trial, but would be at odds with their responsibility to McCowan if those details are not used in his defense, Vouga said.
Deputy Prosecutor Cheryl Polarek said Grunhard's testimony is an essential part of the case against McCowan.
Alexa said Grunhard will be allowed to testify, but an independent defense attorney will be brought in to handle the cross-examination after he has testified on behalf of prosecutors. The attorney will be filled in on the details of this case but will know none of the confidential information from Grunhard's criminal case.
Alexa left the choice of the attorney up to Vouga, but suggested turning the decision over to the county public defender's office.
At Vouga's request, Alexa agreed to contact the state Supreme Court to shed light on the steps being taken to address Vouga's ethical concerns. Vouga said he was told the state Supreme Court still can take disciplinary action if a lower court determines there is no conflict of interest.
"Obviously we're concerned about that," Vouga said.
Polarek told the court in a memorandum that Grunhard was made no promises in return for his testimony.
Tuesday, January 15, 2013
01152013 - News Article - Judge OKs testimony in McCowan murder trial
Judge OKs testimony in McCowan murder trial
NWI Times
January 15, 2013 - 4:45 pm
January 15, 2013 - 4:45 pm
VALPARAISO - A judge tossed out a claim it would be hearsay for prosecutors in the upcoming Dustin McCowan murder trial to introduce comments overheard by a neighbor of the accused.
Porter Superior Court Judge Bill Alexa said the comments can be presented to the jury because they are being used to show they were spoken and not in an attempt to prove the matter asserted.
This negates a claim by the defense the statements are irrelevant unless it is first proven they were made by McCowan, 20, who is accused of shooting and killing his former girlfriend, Amanda Bach, 19, according to Alexa.
Bach's body was found Sept. 17, 2011, about 300 yards from McCowan's Union Township home.
The statements the defense were attempting to keep out of the trial were reportedly heard by Linda Phillips, who told police she was awakened by them outside her home between 1 a.m. and 2 a.m. Sept. 16, 2011.
She told police she heard a male voice say, "Amanda get up."
Other statements include, "Amanda, you have to get up. Amanda, honey, you've got to get up," according to court records.
Phillips also told investigators she heard what she thought was a female voice say, "I can't believe this is happening."
Phillips told police she looked out her window, but saw no one.
During a hearing last week on a series of motions in the case, Alexa denied an attempt by the defense to bar autopsy photos from the Feb. 4 trial.
The defense team was granted a few of its requests, including those prohibiting prosecutors from bringing up a previous arrest for which McCowan was not convicted or a long list of alleged character traits including accusations that McCowan is controlling, angry, sexually promiscuous, a marijuana user and was suicidal at one time.
Jurors also will not hear allegations that McCowan said he disliked or hated Bach.
Friday, January 11, 2013
01112013 - News Article - Tempers flare during Lake Station City Council meeting to discuss City Court
Tempers flare during Lake Station City Council meeting to discuss City Court
NWI Times
Jan 11, 2013
LAKE STATION | Officials found little common ground during a special City Council meeting held Thursday to discuss revenue generated by the city courts.
Shouting matches, heated exchanges and allegations between officials characterized the nearly two hour meeting held in the mayor's conference room.
City Attorney Ray Szarmach at one point got up to leave following a heated exchange between City Judge Chris Anderson and Mayor Keith Soderquist during which Anderson implied Soderquist was a liar.
"I feel guilty charging the city for being here today because I don't think we're making any headway," Szarmach said.
Szarmach suggested the City Council appoint a committee of three to meet and discuss the issue with Anderson and court clerk Kim Frizzell.
City Council Todd Lara agreed and named to the committee council members John McDaniel, Garry Szostek and Todd Rogers.
"I'm fine with that," Anderson said.
Issues with what officials termed as falling revenue being generated by the City Court came to a head last month when the City Council considered abolishing the City Court by Jan. 1, 2014.
That decision was abandoned by the City Council and was applauded by a standing-room-only crowd that came to City Hall to support Anderson.
The council agreed to instead meet with Anderson at the first of the year to work out any issues involving the court.
The issue of falling revenues in the court was debated at length on Thursday with Frizzell presenting figures showing the court had made money during the last four years.
Court revenue dipped in 2011 which was in sync with fewer court cases, Frizzell said.
Lara and Anderson debated at length on whether court deferral money should be included in the total revenue.
"Why not count it (deferral money) since it brought in revenue for the city?" Anderson asked.
Anderson also loudly denied accusations that he had waived any court fees during his tenure.
'I don't waive fees. Is it up to me? No I don't think it's appropriate for me to get involved," Anderson said.
Anderson suggested that during any future meetings that city officials have in attendance a member of the Lake County Data Board who could verify court financial figures.
Anderson has maintained that the issues with the court surfaced when on June 7 he fired the mayor's stepdaughter who had been a clerk under his supervision.
"There were no issues before that date," Anderson said.
Soderquist has continued to deny that allegation.
Wednesday, January 9, 2013
01092013 - News Article - Judge: Autopsy photos can be shown during McCowan murder trial
Judge: Autopsy photos can be shown during McCowan murder trial
January 09, 2013 - 6:00 pm
Bob Kasarda
NWI Times
VALPARAISO - A judge denied a request by the defense Wednesday to bar autopsy photos during next month's Dustin McCowan murder trial.
"The state is entitled to prove its case," said Porter Superior Court Judge Bill Alexa.
Defense attorney John Vouga said he would stipulate to the identity of the victim, 19-year-old Amanda Bach, and to the cause of her death.
Showing the photographs to the jury would thus have a greater prejudicial impact on McCowan than their value in the case, he said.
Chief Deputy Prosecutor Matt Frost said he intends to use the photographs but will not use surgically manipulated images of Bach.
Alexa reminded McCowan's attorneys they can object to the use of the photos at trial, which begins Feb. 4.
McCowan, 20, of Union Township, is accused of killing Portage resident Bach, who was found shot to death Sept. 17, 2011, about 300 yards from McCowan’s house. Bach was McCowan's former girlfriend.
The defense team was granted a few of its requests Wednesday, including those prohibiting prosecutors from bringing up a previous arrest for which McCowan was not convicted at the trial or a long list of alleged character traits including accusations that McCowan is controlling, angry, sexually promiscuous, a marijuana user and was suicidal at one time.
Jurors also will not hear allegations that McCowan said he disliked or hated Bach.
Defense attorney Nicholas Barnes also asked Alexa to prohibit prosecutors from introducing claims by one of McCowan's neighbors, who said she heard statements outside her home on the night in question including a male voice saying, "Amanda get up," and a female voice saying," I just can't believe this is happening."
The neighbor said she did not see anyone.
Barnes called the statements hearsay, while prosecutors said they are relevant because of their timing and location.
Alexa took the defense's request concerning the neighbor's statements under consideration.
Friday, January 4, 2013
01042013 - News Article - Judge, attorneys prepare for Union Twp. man's murder trial
Judge, attorneys prepare for Union Twp. man's murder trial
NWI Times
January 04, 2013 - 9:00 pm
January 04, 2013 - 9:00 pm
VALPARAISO - A Porter County judge on Friday granted two pretrial motions in the case against a Union Township man accused of killing his former girlfriend.
Porter Superior Court Judge Bill Alexa ordered the Porter County Jail to turn over records to be used at Dustin McCowan's murder trial. Alexa also ordered that a defense witness be transferred from the state prison in Westville to Porter County for trial.
McCowan, 20, is accused in the slaying of his former girlfriend, Amanda Bach, 19, who was found shot to death Sept. 17, 2011, about 300 yards from McCowan’s house. Alexa set jury selection for McCowan's trial for Feb. 4 and 5.
Alexa plans to address remaining pretrial motions Wednesday. Those motions deal with witnesses, character evidence, criminal history, exclusion of references, exclusion of photographs and exclusion of improper arguments or statements.
There were restrictions placed on who could be in the courtroom Friday due to a full list of court calls, but Alexa said there would be no such restrictions at the hearing Wednesday.
On Feb. 4, 65 potential jurors will be called into the courtroom, he said. Fourteen will sit in the jury box, and the rest in benches, he said. No one except the media and jurors will be allowed in the room.
Fifty potential jurors will be called Feb. 5, he said.
The objective will be to "choose a fair and impartial jury for trial," Alexa said. The state and defense will each be allowed three hours to select a jury, split over the two days due to time.
Alexa also designated one hour for Chief Deputy Prosecuting Attorney Matt Frost’s opening statements and one hour for opening statements by McCowan’s attorney, John Vouga.
01042013 - News Article - Indiana man gets 45 years in estranged wife's killing
Indiana man gets 45 years in estranged wife's killing
Associated Press State Wire: Indiana (IN)
NWI Times
January 4, 2013
VALPARAISO, Ind. (AP) — A northern Indiana man has been sentenced to 45 years in prison after pleading guilty to killing his estranged wife by repeatedly shooting her with a high-powered rifle.
Fifty-six-year-old Frederick Cashner Jr. was sentenced Thursday after a Porter County judge accepted his plea in Cynthia Cashner's April 2011 murder. The 50-year-old was fatally shot at her Portage business, the Mystic Moon Herbal Shoppe.
Porter County Deputy Prosecutor Cheryl Polarek tells The Times of Munster (http://bit.ly/XnUmJb ) the plea agreement bars Cashner from appealing, which brings an end to the case for the victim's family.
Cynthia Cashner's son, Matthew Hooper, told the court Thursday he can't imagine what his mother went through in her final moments. He says her Easter Sunday murder has forever ruined the holiday for his family.
01042013 - News Article - Man sentenced to 45 years for killing wife
Man sentenced to 45 years for killing wife
Post-Tribune (IN)
January 4, 2013
www.newsbank.com
VALPARAISO — If Frederick C. Cashner Jr., 56, gets through his 45-year sentence for the murder of his wife, he will be put on the state’s sex and violent offender registry.
Sentencing of the Valparaiso man on Thursday in Porter County Superior Court also included $1,389 restitution for funeral expenses for Cynthia Cashner, 50, whom he shot eight times with an AK-47 assault rifle on Easter 2011 while she was alone in her Portage business.
Through the sentencing, Cashner remained quiet and didn’t give a statement.
In response to a family victim statement that noted Cashner never showed emotion or apologized, defense attorney Paul G. Stracci said it’s difficult for suspects to show remorse because in the court system, “those admissions are used against them later.”
During his pre-sentencing interview, Cashner showed remorse and also said he wished he could trade places with Cynthia.
“For whatever that’s worth, that’s how he feels,” Stracci said.
The sentencing came from a Dec. 6 plea agreement that Cashner made to the murder charge, which capped his incarceration at 45 years, the lowest amount of time that could be served for a charge that carries a 45- to 65-year sentence.
Cashner, a former vintner for a Porter County wine producer, had claimed not to recall the incidents of April 25, 2011, when he drove to Mystic Moon, on the second floor of 5830 U.S. 6, and forced entry by smashing a steel security door with a hammer.
While he shot her eight times in the head, torso and extremities, the victim dialed 911 on a cell phone at 10:22 p.m., and a dispatcher heard labored breathing for 20 seconds until a male voice said, “It’s too late” and something incoherent.
Three or four gunshots later, the dispatcher heard no more breathing.
“We are certain you intended to kill her,” the victim’s son, Matthew Hooper, said in his victim’s statement.
Hooper had trouble beginning his statement because of tears, but he said his mother told family if she ended up dead, they should tell police he killed her.
Hooper also said Cashner had his mother in a sort of prison. She had filed for divorce in March 2011, and a provisional order gave her a vehicle and made Cashner responsible for bills and continuing health insurance for her.
Thursday, January 3, 2013
01032013 - News Article - Husband gets 45-year sentence in Portage murder
Husband gets 45-year sentence in Portage murder
NWI Times
January 03, 2013
VALPARAISO | While struggling to describe the pain his family has suffered as a result of the murder of his mother, Matthew Hooper told a Porter County court Thursday that gunman Frederick Cashner Jr. has never offered an apology.
Cashner let another opportunity go by moments later when he declined to make a comment before being sentenced to the minimum 45 years behind bars called for in a plea agreement.
Defense attorney Paul Stracci later told the victim's family the legal system is set up in a way that apologies for crimes can be used against an offender.
He said Cashner, 56, told a probation officer he feels bad about his offense and wishes he can trade places with Cynthia Cashner.
Cashner pleaded guilty in December to murdering Cynthia Cashner, 50, on April 24, 2011, by repeatedly shooting her with a high-powered semi-automatic rifle at her Mystic Moon Herbal Shoppe, 5830 U.S. 6, Portage.
Cynthia Cashner was Frederick's estranged wife.
Hooper said he can't imagine what his mother went through those final few moments.
"Looking down the barrel of an assault rifle and pleading for her life," he said.
The murder occurred on Easter Sunday, which Hooper said has forever ruined that holiday for his family.
Hooper said there is small comfort in knowing his mother is free from the prison created by Cashner. He said his mother said several times in her last year that if she was found dead, let police know Cashner is responsible.
Porter County Deputy Prosecutor Cheryl Polarek said the plea agreement prohibits Cashner from appealing, which brings an end to the case for the victim's family.
Upon completion of the sentencing, Stracci asked Porter Superior Court Judge Roger Bradford to order police to release items seized from Cashner, including hunting rifles.
Bradford approved the request for any guns other than handguns and semi-automatic and automatic weapons.
Cashner is eligible to reduce his sentence by more than half with good behavior and participation in various prison programs. He will also receive credit for 620 days already served.
01032013 - News Article - Valpo man sentenced for shooting wife to death in Portage
Valpo man sentenced for shooting wife to death in Portage
Post-Tribune
January 3, 2013 - 2:05PM
VALPARAISO — If Frederick C. Cashner Jr., 56, gets through his 45-year sentence for the murder of his wife, he will be put on the state’s sex and violent offender registry.
Sentencing of the Valparaiso man on Thursday in Porter County Superior Court also included $1,389 restitution for funeral expenses for Cynthia Cashner, 50, whom he shot eight times with an AK-47 assault rifle on Easter 2011 while she was alone in her Portage business.
In response to a family victim statement that noted Cashner never showed emotion or apologized, defense attorney Paul G. Stracci said it’s difficult for suspects to show remorse because in the court system, "those admissions are used against them later."
During his pre-sentencing interview, Cashner showed remorse and also said he wished he could trade places with Cynthia.
"For whatever that’s worth, that’s how he feels," Stracci said.
The sentencing came from a Dec. 6 plea agreement that Cashner made to the murder charge, which capped his incarceration at 45 years, the lowest amount of time that could be served for a charge that carries a 45- to 65-year sentence.
Cashner, a former vintner for a Porter County wine producer, had claimed not to recall the incidents of April 25, 2011, when he drove to Mystic Moon, on the second floor of 5830 U.S. 6, and forced entry by smashing a steel security door with a hammer.
While he shot her eight times in the head, torso and extremities, the victim dialed 911 on a cell phone at 10:22 p.m., and a dispatcher heard labored breathing for 20 seconds until a male voice said, "It’s too late" and something incoherent.
Three or four gunshots later, the dispatcher heard no more breathing.
"We are certain you intended to kill her," the victim’s son, Matthew Hooper, said in his victim’s statement.
Hooper had trouble beginning his statement because of tears, but he said his mother told family if she ended up dead, they should tell police he killed her.
Hooper also said Cashner had his mother in a sort of prison. She had filed for divorce in March 2011, and a provisional order gave her a vehicle and made Cashner responsible for bills and continuing health insurance for her.
01032013 - Cashner pleads guilty in Cynthia's murder
JANUARY 03, 2013: FREDRICK CASHNER JR. SENTENCED TO 45 YEARS FOR THE MURDER OF HIS EX-WIFE CYNTHIA CASHNER.
http://abbiandbaileyfromtheheart.blogspot.com/2011/04/domestic-violence-murder-of-cynthia.html
Author Rosa Torres is using her voice and website to insure that Cynthia is not forgotton:
https://www.facebook.com/#!/torressadler?fref=ts
Clara Colon is also using her website and voice to help Cynthia's case go viral:
http://ciaracolonoidvsurvivorcom.blogspot.com/2012/12/blind-eye-to-domestic-violenceanother.html
FREDRICK CASHNER JR. PLEADS GUILTY TO MURDERING HIS EX-WIFE CYNTHIA CASHNER [PORTAGE, INDIANA]
Fredrick Cashner Jr.
Cashner's sentencing hearing is scheduled for January 03, 2013.
On April 24, 2011 Fredrick C. Cashner Jr. gunned down his ex-wife Cynthia Cashner in Portage, Indiana.
Cynthia filed for divorce from her abuser on March 23, 2011. Her divorce case was before Magistrate James Johnson of the Porter County Superior Court in Valparaiso, Indiana.
The previous year, the State of Indiana had investigated Magistrate Johnson for his failure to issue final rulings in divorce cases. At that same time, the State was reviewing complaints that Johnson had repeatidly failed to protect a domestic violence victim in a divorce cases.
For News articles on Cynthia's murder:
http://abbiandbaileyfromtheheart.blogspot.com/2011/04/domestic-violence-murder-of-cynthia.htmlAuthor Rosa Torres is using her voice and website to insure that Cynthia is not forgotton:
https://www.facebook.com/#!/torressadler?fref=ts
Clara Colon is also using her website and voice to help Cynthia's case go viral:
http://ciaracolonoidvsurvivorcom.blogspot.com/2012/12/blind-eye-to-domestic-violenceanother.html
Portage Mayor James Snyder investigated by FBI http://abbiandbaileyfromtheheart.blogspot.com/2014/07/portage-mayor-james-snyder-fbi.html
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