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	<title>Betteau Law Offices</title>
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	<link>http://betteaulaw.com</link>
	<description>Southern Indiana Defense Attorney</description>
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		<title>Congratulations to Matt Schad and Pete Palmer</title>
		<link>http://betteaulaw.com/2012/01/21/congratulations-to-matt-schad-and-pete-palmer/</link>
		<comments>http://betteaulaw.com/2012/01/21/congratulations-to-matt-schad-and-pete-palmer/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 19:59:53 +0000</pubDate>
		<dc:creator>Bart Betteau</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[attorney]]></category>
		<category><![CDATA[Bart Betteau]]></category>
		<category><![CDATA[Clark County Courts]]></category>
		<category><![CDATA[Clark County Personal Injury attorney]]></category>
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		<category><![CDATA[Matt Schad]]></category>
		<category><![CDATA[medical malpractice]]></category>
		<category><![CDATA[new albany attorney]]></category>
		<category><![CDATA[new albany personal injury attorneys]]></category>
		<category><![CDATA[Pete Palmer]]></category>
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		<guid isPermaLink="false">http://betteaulaw.com/?p=175</guid>
		<description><![CDATA[CONGRATULATIONS to Pete Palmer and Matt Schad!  Both of them had million plus verdicts this week.  Its nice to see excellent attorneys rewarded.]]></description>
			<content:encoded><![CDATA[<p>CONGRATULATIONS to Pete Palmer and Matt Schad!  Both of them had million plus verdicts this week.  Its nice to see excellent attorneys rewarded.<!-- PHP 5.x --></p>
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		<title>Officials Abandon Booking Fee</title>
		<link>http://betteaulaw.com/2012/01/21/officials-abandon-booking-fee/</link>
		<comments>http://betteaulaw.com/2012/01/21/officials-abandon-booking-fee/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 19:45:01 +0000</pubDate>
		<dc:creator>Bart Betteau</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Bart Betteau]]></category>
		<category><![CDATA[Book in fee]]></category>
		<category><![CDATA[Clark County]]></category>

		<guid isPermaLink="false">http://betteaulaw.com/?p=173</guid>
		<description><![CDATA[Officials abandon booking fee at Ind. jail By Indystar.com Published: 10/20/2003 Morgan County&#8217;s attempt to make inmates pay part of the cost of their incarceration ended in failure. Sheriff Robert Garner said officials there have settled a lawsuit that challenged an ordinance charging all those booked into the county jail a $25 fee. When officials<a href="http://betteaulaw.com/2012/01/21/officials-abandon-booking-fee/"> ...(read more)</a>]]></description>
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<td width="616">Officials abandon booking fee at Ind. jail</td>
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<td><em>By Indystar.com</em></td>
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<td><strong>Published: 10/20/2003</strong></td>
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<td>
Morgan County&#8217;s attempt to make inmates pay part of the cost of their incarceration ended in failure.<br />
Sheriff Robert Garner said officials there have settled a lawsuit that challenged an ordinance charging all those booked into the county jail a $25 fee.<br />
When officials passed the ordinance in 2001, they predicted it would generate $75,000 a year.<br />
Since it went into effect in April 2002, it has generated about $30,000, Garner said.<br />
The Sheriff&#8217;s Department had earmarked the funds to help offset the annual $150,000 cost for inmate medical care.<br />
In 2002, a U.S. District Court judge in Ohio ruled that similar booking fees imposed in Hamilton County, Ohio, violated prisoners&#8217; constitutional right to due process of law.<br />
And Indiana&#8217;s State Board of Accounts challenged the county&#8217;s authority to establish the booking fees. It questioned whether the council could permit the sheriff to control the money generated by the fees.<br />
A month after Morgan County passed its ordinance, neighboring Hendricks County approved a similar one.<br />
Hendricks officials still are collecting the $25 processing fee.<br />
Officials there have collected $67,848, according to a spokeswoman for the Hendricks County auditor.<br />
County Attorney Greg Steuerwald said no lawsuit has been filed against Hendricks County.<br />
Garner said Morgan County will have to refund about $30,000 it had collected.<br />
Bart M. Betteau, a New Albany attorney who filed a class-action lawsuit in federal District Court challenging the processing fee, agreed that the county would have to refund the money.<br />
Garner said individuals will have to apply for refunds with the county clerk.<br />
But Betteau said he has the responsibility to notify inmates and arrange for the refunds.<br />
Morgan is not the first Indiana county to be sued over the booking fee.<br />
After Betteau filed suit, a judge overturned a similar ordinance in Clark County. Betteau also has sued Bartholomew County.</td>
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		<title>New Albany Councilwoman found not guilty of OWI charge</title>
		<link>http://betteaulaw.com/2012/01/21/new-albany-councilwoman-found-not-guilty-of-owi-charge/</link>
		<comments>http://betteaulaw.com/2012/01/21/new-albany-councilwoman-found-not-guilty-of-owi-charge/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 19:26:08 +0000</pubDate>
		<dc:creator>Bart Betteau</dc:creator>
				<category><![CDATA[In the NEWS]]></category>
		<category><![CDATA[criminal defense]]></category>
		<category><![CDATA[Drunk Driving]]></category>
		<category><![CDATA[Floyd County Court]]></category>
		<category><![CDATA[Floyd County Prosecutor]]></category>
		<category><![CDATA[Frank Newkirk]]></category>
		<category><![CDATA[Glen Hancock]]></category>
		<category><![CDATA[Indiana State Police]]></category>
		<category><![CDATA[OWI]]></category>
		<category><![CDATA[Washington County Courts]]></category>

		<guid isPermaLink="false">http://betteaulaw.com/?p=169</guid>
		<description><![CDATA[New Albany Councilwoman Diane Benedetti found not guilty of OWI charge Judge ruled state did not have enough evidence to proceed with trial By DANIEL SUDDEATHDaniel.Suddeath@newsandtribune.comThe News and TribuneFri Jun 03, 2011, 06:38 PM EDT NEW ALBANY — New Albany City Councilwoman Diane McCartin-Benedetti was found not guilty of operating a vehicle while intoxicated by<a href="http://betteaulaw.com/2012/01/21/new-albany-councilwoman-found-not-guilty-of-owi-charge/"> ...(read more)</a>]]></description>
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<h3><a href="http://newsandtribune.com/local/x775916876/New-Albany-Councilwoman-Diane-Benedetti-found-not-guilty-of-OWI-charge" rel="bookmark">New Albany Councilwoman Diane Benedetti found not guilty of OWI charge</a></h3>
<h4>Judge ruled state did not have enough evidence to proceed with trial</h4>
<p>By DANIEL SUDDEATH<a href="http://newsandtribune.com/">Daniel.Suddeath@newsandtribune.com</a><a href="http://newsandtribune.com/">The News and Tribune</a>Fri Jun 03, 2011, 06:38 PM EDT</p>
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<p>NEW ALBANY — New Albany City Councilwoman Diane McCartin-Benedetti was found not guilty of operating a vehicle while intoxicated by Special Judge Frank Newkirk on Friday.</p>
<p>After the first trial ended in a hung jury, Benedetti’s second trial over a 2009 OWI arrest was scheduled to begin next week.</p>
<p>But Newkirk — who was appointed to the proceedings after Floyd County Superior Court No. 2 Judge Glenn Hancock recused himself from the case — ruled in a pretrial hearing the state did not have enough evidence to substantiate all elements of the alleged crime.</p>
<p>In November 2009, Benedetti was arrested in New Albany for OWI by refusal by an Indiana State Police trooper. Benedetti failed multiple field sobriety tests and blew a .10 percent blood-alcohol level on a hand-held Breathalyzer at the scene, according to the police report. The legal limit in Indiana is .08, but the Breathalyzer was ruled inadmissible in court. Benedetti declined to take a subsequent certified blood alcohol level test after being transported to the Floyd County Jail, and was then arrested for OWI by refusal.</p>
<p>Benedetti’s second trial was originally scheduled to begin in August 2010, but was delayed three times before being set for Tuesday.</p>
<p>But Newkirk — who is a Washington County judge — used his power to decide by directed verdict that the prosecution did not have enough evidence to pursue the case, and dismissed the charge against Benedetti.</p>
<p>“My family and I have waited for a year-and-a-half for this verdict, and we made the statement when I was charged that the truth would come out, and I feel like that has been redeemed for me today,” Benedetti said after the decision was announced.</p>
<p>Benedetti is seeking her second term on the council after winning her Democratic primary bid in May. She said she was never offered a plea deal, but added she probably would not have accepted one because of her desire to vindicate her name.</p>
<p>“I knew in my heart, and my family knew that I wasn’t guilty,” Benedetti said.</p>
<p>Her lawyer, Bart Betteau, said he was prepared to go to trial next week and always believed she would be acquitted.</p>
<p>“We’re very happy about it, but I wouldn’t really say it is a surprise to us,” he said.</p>
<p>Attempts to reach Floyd County Deputy Prosecutor Abraham Navarro and Newkirk for comments for the story were unsuccessful as of press time.</p>
<p>The state has the ability to nullify a resident’s driver’s license if they’ve been arrested for OWI by refusal. According to Betteau, Benedetti never had her license repealed.</p>
<p>He said hearings had been scheduled over the matter but were never actually held.</p>
<p>Benedetti said she wanted to clear her name in part because she’s an elected official who wants to earn the public’s trust. She said she never lost faith in the court system, though Benedetti added the trial and media exposure were difficult for her and her family.</p>
<p>“With the turmoil and the stress of it, I was pretty well bound and determined that I wanted to be heard, and I think I was heard,” she said.</p>
<p>&nbsp;</p>
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		<title>Former Sheriff&#8217;s Deputy Pleads to Misdemeanor</title>
		<link>http://betteaulaw.com/2012/01/21/166/</link>
		<comments>http://betteaulaw.com/2012/01/21/166/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 19:15:29 +0000</pubDate>
		<dc:creator>Bart Betteau</dc:creator>
				<category><![CDATA[In the NEWS]]></category>
		<category><![CDATA[Clark County]]></category>
		<category><![CDATA[Clark County Courts]]></category>
		<category><![CDATA[Clark County Sheriff]]></category>
		<category><![CDATA[criminal defense]]></category>

		<guid isPermaLink="false">http://betteaulaw.com/?p=166</guid>
		<description><![CDATA[November 9, 2011 Former sheriff’s deputy pleads to misdemeanor Roscoe ‘Shane’ Abbott agrees to never work again as officer By MATT THACKERMatt.Thacker@newsandtribune.comThe News and TribuneWed Nov 09, 2011, 09:29 PM EST JEFFERSONVILLE — Former Clark County Sheriff’s Department Deputy Roscoe “Shane” Abbott pleaded guilty Monday to class A misdemeanor criminal recklessness. Clark County Circuit Court<a href="http://betteaulaw.com/2012/01/21/166/"> ...(read more)</a>]]></description>
			<content:encoded><![CDATA[<p>November 9, 2011</p>
<h3><a href="http://newsandtribune.com/local/x1511129564/Former-sheriff-s-deputy-pleads-to-misdemeanor" rel="bookmark">Former sheriff’s deputy pleads to misdemeanor</a></h3>
<h4>Roscoe ‘Shane’ Abbott agrees to never work again as officer</h4>
<p>By MATT THACKER<a href="http://newsandtribune.com/">Matt.Thacker@newsandtribune.com</a><a href="http://newsandtribune.com/">The News and Tribune</a>Wed Nov 09, 2011, 09:29 PM EST</p>
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<p>JEFFERSONVILLE — Former Clark County Sheriff’s Department Deputy Roscoe “Shane” Abbott pleaded guilty Monday to class A misdemeanor criminal recklessness.</p>
<p>Clark County Circuit Court Judge Dan Moore accepted a plea agreement which calls for Abbott to serve one year of probation. The agreement also states that he will no longer be allowed to serve as a law enforcement officer or first responder at any jurisdiction in the country.</p>
<p>Abbott, 32, was indicted by a grand jury in December for felony criminal recklessness. The grand jury determined Abbott was traveling “at an unreasonably high rate of speed under the conditions and circumstances” when he crashed into a vehicle July 30, 2010, on Ind. 60 at St. Joe Road East.</p>
<p>Daniel L. Schoenfelder, the driver of the other vehicle, suffered a fractured neck vertebrae, according to court records. Abbott was responding to a 911 hang-up call when Schoenfelder turned onto St. Joe Road and was struck.</p>
<p>The Clark County Sheriff’s Department Merit Commission decided in June to terminate Abbott’s employment. He had been on paid leave since the wreck.</p>
<p>It was revealed at the merit commission hearings that Abbott was driving 106 mph without lights or sirens when the wreck occurred at approximately 5 a.m., according to Bob Bottorff, an attorney representing the sheriff’s department.</p>
<p>Abbott represented himself in court Monday. He had been represented by attorney Bart Betteau until a hearing Sept. 27. Betteau told the court at that hearing that he would withdraw from the case due to a concern he had with part of the plea agreement.</p>
<p>Betteau said at the time that he did not want to proceed with the agreement as written, while his client wanted to proceed so the two agreed it would be best for him to withdraw. Abbott, who has previously declined to comment, could not be reached Wednesday.</p>
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		<title>Former Harrison County Sheriff Sentenced</title>
		<link>http://betteaulaw.com/2012/01/21/former-harrison-county-sheriff-sentenced/</link>
		<comments>http://betteaulaw.com/2012/01/21/former-harrison-county-sheriff-sentenced/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 19:06:35 +0000</pubDate>
		<dc:creator>Bart Betteau</dc:creator>
				<category><![CDATA[In the NEWS]]></category>
		<category><![CDATA[criminal defense]]></category>
		<category><![CDATA[Harrison County]]></category>
		<category><![CDATA[Harrison County Sheriff]]></category>
		<category><![CDATA[Harrison Superior Court]]></category>
		<category><![CDATA[Nancy Jacobs]]></category>
		<category><![CDATA[Vicki Carmichael]]></category>

		<guid isPermaLink="false">http://betteaulaw.com/?p=161</guid>
		<description><![CDATA[Former Harrison County sheriff pleads guilty to battery, intimidation changes Posted:Aug 22, 2011 12:20 PM EDTUpdated:Aug 25, 2011 3:35 PM EDT &#38;amp;amp;amp;lt;em&#38;amp;amp;amp;gt;Thursday, August 25, 2011 3:35 PM EST&#38;amp;amp;amp;lt;/em&#38;amp;amp;amp;gt; &#160; JEFFERSONVILLE, IN (WDRB Fox 41) – A former Harrison County Sheriff pleads guilty to a number of felonies, but he won&#8217;t serve any jail time. It<a href="http://betteaulaw.com/2012/01/21/former-harrison-county-sheriff-sentenced/"> ...(read more)</a>]]></description>
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<h3>Former Harrison County sheriff pleads guilty to battery, intimidation changes</h3>
<div><em>Posted:Aug 22, 2011 12:20 PM EDT</em><em>Updated:Aug 25, 2011 3:35 PM EDT</em></div>
<p><noscript>&amp;amp;amp;amp;lt;em&amp;amp;amp;amp;gt;Thursday, August 25, 2011 3:35 PM EST&amp;amp;amp;amp;lt;/em&amp;amp;amp;amp;gt;</noscript></div>
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<p><a title="Former Harrison County Sheriff Sentenced" href="http://wdrb.images.worldnow.com/images/15308655_BG2.jpg" rel="storyimage"><img title="" src="http://wdrb.images.worldnow.com/images/15308655_BG2.jpg" alt="" width="180" border="0" /></a></p>
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<h3>JEFFERSONVILLE, IN (WDRB Fox 41) –</h3>
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<p>A former Harrison County Sheriff pleads guilty to a number of felonies, but he won&#8217;t serve any jail time. It marks the end to an emotional end to a case that began five years ago.</p>
<p>Mike Deatrick admitted on the stand Monday that he groped and intimidated two former employees. He was sentenced to six years probation, and will be under house arrest for a year and a half. It&#8217;s the decision both sides say they were looking for.</p>
<p>&#8220;We stayed strong, we kept it together and we stopped him,&#8221; said plaintiff Melissa Graham.</p>
<p>Deana Decker and Melissa Graham say their lives were turned upside down after they filed a discrimination claim against Mike Deatrick in 2006. At the time, Deatrick was Harrison County Sheriff, and Decker and Graham worked as dispatchers. They claimed Deatrick had groped them, and say when he later found out about the claim, he drew his gun and threatened them. The sheriff then allegedly erased surveillance footage of that incident.</p>
<p>&#8220;For him to betray the trust that he did, shame on him,&#8221; plaintiff Deana Decker said.</p>
<p>Decker and Graham say they got what they were looking for Monday when Deatrick&#8217;s plea deal was read aloud in court. He pleaded guilty to insurance fraud, obstruction of justice, two charges of criminal intimidation, and two charges of sexual battery. Both sides say the plea was ideal for everyone involved.</p>
<p>&#8220;Hearing Mike Deatrick admit he did the things that Melissa Graham and Deana Decker said he did was my most important consideration, and their most important consideration,&#8221; said prosecutor Nancy Jacobs.</p>
<p>&#8220;This will effectively be behind him, and he&#8217;ll be able to effectively go on with the rest of his life,&#8221; said Bart Betteau, Deatrick&#8217;s attorney.</p>
<p>Decker and Graham say that&#8217;s their goal as well. Despite the trauma this case has caused them, they say the ordeal was well worth it.</p>
<p>&#8220;If we helped one person stand up to people like him, it was worth it all,&#8221; said Graham.</p>
<p>Decker and Graham have already settled a separate civil suit in which they were rewarded a total of $375,000.</p>
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		<title>Bart Betteau answers questions after Deatrick plea</title>
		<link>http://betteaulaw.com/2012/01/21/bart-betteau-answers-questions-after-deatrick-plea/</link>
		<comments>http://betteaulaw.com/2012/01/21/bart-betteau-answers-questions-after-deatrick-plea/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 17:19:31 +0000</pubDate>
		<dc:creator>Bart Betteau</dc:creator>
				<category><![CDATA[In the NEWS]]></category>
		<category><![CDATA[Clark County CourtsHarriso]]></category>
		<category><![CDATA[Deatrick]]></category>
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		<category><![CDATA[Harrison County Sheriff]]></category>
		<category><![CDATA[Harrison Superior Court]]></category>
		<category><![CDATA[Nancy Jacobs]]></category>
		<category><![CDATA[Vicki Carmichael]]></category>

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		<description><![CDATA[Bart Betteau answers questions after Deatrick plea Attorney Bart Betteau answers questions from the media after his client, former Harrison County (Ind.) Sheriff G. Michael Deatrick, plead guilty to two felonies and four misdemeanors in a deal that allows him to avoid jail time and serve 1½ years of home incarceration and probation.]]></description>
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<div><a href="http://www.youtube.com/watch?v=3wbzcI-Ou_o&amp;feature=email" rel="nofollow" target="_blank">Bart Betteau answers questions after Deatrick plea</a></div>
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<div id="yui_3_2_0_1_1327165303205125" dir="ltr">Attorney Bart Betteau answers questions from the media after his client, former Harrison County (Ind.) Sheriff G. Michael Deatrick, plead guilty to two felonies and four misdemeanors in a deal that allows him to avoid jail time and serve 1½ years of home incarceration and probation.</div>
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