The Press-Dispatch
Issue link: https://www.ifoldsflip.com/i/1467433
C-6 Wednesday, May 11, 2022 The Press-Dispatch so to obtain or alter." But the court, just last term in Van Buren v. United States, held that this "provision cov- ers those who obtain informa- tion from particular areas in the computer—such as files, fold- ers, or databases—to which their computer access does not extend. It does not cover those who … have improper motives for obtaining information that is otherwise available to them." A final potentially promising possibility is prosecution under 18 U.S.C. § 641, which broad- ly deals with theft, embezzle- ment, or conversion of govern- ment property or governmen- tal "things of value." The feder- al government has successfully prosecuted some leakers under this statute, but the federal cir- cuit courts of appeal disagree about whether, and what, infor- mation can be a "thing of value." But the U.S. Court of Appeals for the District of Columbia Cir- cuit is one of the circuits that has held an intangible item, like information, can be a "thing of value" under this statute, and since the Supreme Court is lo- cated within the District of Co- lumbia Circuit , that increases the odds that this would be a chargeable offense. Still, pros- ecution under this statute is no slam dunk. There are other measures that Chief Justice John Rob- erts could implement which might increase the odds of dis- covering who the leaker is and of a successful prosecution. 18 U.S.C. §1001 makes it a federal offense to knowingly and will- fully make a materially false statement "in any matter with- in the jurisdiction of the ex- ecutive, legislative or judicial branch of the Government of the United States … " The chief justice could ask all the law clerks, and anyone else who had access to Alito's draft opinion, to sign a state- ment saying that they were not the source of the leak. Assum- ing that they all sign the state- ment denying being the source of the leak, the chief justice could then ask law enforce- ment agents to interview each of those individuals. If the inter- view exposes the leaker, that in- dividual could be prosecuted for having made a false statement in the declaration. But even if criminal liability does not attach to the person or entity responsible for leaking the draft opinion, professional consequences are sure to fol- low. As Justice Antonin Scalia told his clerks, "If I ever discov- er that you have betrayed the confidences of what goes on in these chambers, I will do every- thing in my power to ruin your career." That sounds harsh. But the stakes are too high and the con- sequences too devastating to tolerate leaks of draft opinions or deliberations at the Supreme Court. The justices are not pol- iticians and need to have con- fidence that they can fully and fairly discuss their legal views with their colleagues without these tentative views making front-page news. Roberts is right that this was an "egregious breach of trust this is an affront to the Court and the community of public servants" who work there. He has directed the Marshal of the Court to launch an inves- tigation into the leak, and the marshal should quickly conduct and complete the investigation and make the results public. Let us hope that the authorities are able to discover who committed this opprobrious act and that se- rious consequences follow. At the very least, although an unfortunate measure to have to take, the court should consider taking additional measures in the future, such as adding in- dividual watermarks to each of the drafts that are circulat- ed to other chambers, which would help narrow the search for the culprit should this hap- pen again. And the Supreme Court should quickly release the fi- nal opinion in the leaked case as soon as possible to avoid fur- ther threats or attempts to in- timidate any of the justices. Zack Smith is a legal fellow and co-manager of the Supreme Court and Appellate Advoca- cy Program in Heritage's Meese Center. COURT Continued from page 5 Court Report CRIMINAL DOCKET Pike Circuit Court Sterling J. Kiefer charged with resisting law enforce- ment, a Level 6 felony. James M. Boner charged with failure to return to law- ful detentions, Level 6 felony. Rebecca Ann Braglin charged with two counts of neglect of a dependent, a Lev- el 6 felony. Adam Anthony Mullins charged with two counts of neglect of a dependent, a Lev- el 6 felony. Gerardo Figueroa charged with criminal recklessness committed with a deadly weapon, a Level 6 felony and knowingly or intentionally op- erating a motor vehicle with- out receiving a license. CIVIL DOCKET Pike Circuit Court Crane Credit Union sues Timothy Kiser for civil col- lection. Velocity Investments LLC, assignee of Lendingclub, Corp., assignee of Webbank sues Carlotta Ahrens for civ- il collection. Mark Sturgeon requests a title. TRAFFIC AND MISDEMEANOR Pike Circuit Court Fernando J. Jimenez-Flores charged with operating a vehi- cle without a license, a class C misdemeanor. David Labate charged with invasion of privacy, a class C misdemeanor. Corey Jacob Cox charged with possession of marijuana, a class B misdemeanor. Haigen L. Stone charged with minor consuming alco- hol, a class C misdemeanor. Stephanie N. Hug charged with invasion of privacy, a class C misdemeanor. Christopher J. Willis charged with driving while suspended with a prior, a class A misdemeanor. Ernest J. Futrell charged with false informing, a class B misdemeanor. Haley Cook charged with criminal mischief, a class B misdemeanor; intimidation, a class A misdemeanor. Shane Michael Elenbaas charged with invasion of pri- vacy, a class A misdemeanor. INFRACTIONS Pike Circuit Court Bradley T. Ferguson charged with speeding in school zone. Jennifer R. Schneider charged with speeding in a 55 zone. Cheri A. Dunn charged with speeding in a school zone. Zackary E. Miller charged with speeding in a 70 zone. Jeffrey W. Allen, II charged with speeding in a 70 zone. Arzel M. Ivy charged with speeding in a 55 zone. Adam S. Boyd charged with speeding in a school zone. Thomas G. Waters charged with speeding in a 55 zone. Derek M. Brothers charged with expired plate. James S. George charged with speeding in a 70 zone. Chad R. Sadler charged with speeding in a school zone. Austin G. Webster charged with speeding in a 70 zone. Lori J. Baumeyer charged with speeding in a school zone. Cheri A. Dunn charged with speeding in a school zone. Randall J. McWhorter charged with speeding in a school zone. Lana L. McConnell charged with speeding in a 70 zone. Adrian Navarrete Huezo charged with speeding. Eric T. Schum charged with distracted driving. Sean M. Packer charged with speeding in a school zone. Govanna M. Cissna charged with speeding in a 70 zone. Chelsey M. Arnold charged with expired plates. Randall L. Knepp charged with speeding in a 70 zone. Franklin Rojas, Jr., charged with speeding. Maria A. Birk charged with speeding. Dennis L. Dillon charged with speeding. Peter E. Greer charged with seat belt violation. Heather R. Schoenbachler charged with disregarding a stop sign. Scott H. Brown charged with speeding in a 70 zone. Virgil L. Noble charged with seat belt violation Lawrence C. Dent Jr., charged with seat belt viola- tion. Rodney w. Schlomer charged with seat belt viola- tion. Dear Rusty: My wife passed from COVID-related heart disease in 2020, just short of her 65th birthday. I will be 66 in May 2023. Do I have any recourse for a part of her benefit? Online at ssa. gov it says I can retire four months ear- ly due to her passing. Is that true? I'm confused on these issues. Signed: Con- fused Widower. Dear Confused: Our condolences on the untimely loss of your wife. To answer your question, you are already eligible to collect a survivor benefit from your wife, but you may wish to consider a few points before deciding when to do that: • If you claim your survivor bene- fit now, before your full retirement age (FR A) of 66 years and six months, the amount you get will be reduced. The re- duction would be 4.75 percent for each full year early (.396 percent per month early). If taken at your FR A, your survi- vor benefit would be 100 percent of the amount your wife was receiving (or was eligible to receive) at her death, but if you claim it before your FR A, it will be reduced. • You will become eligible for your full survivor benefit four months earlier than your normal FR A; in other words, you can get 100 percent of the benefit your wife had earned up to her death when you are 66 years and two months old. But, if you are still working at that time, you will be subject to Social Secu- rity's "earnings test" which may affect your eligibility to collect benefits earlier than your full retirement age. The earnings test ap- plies until you reach your FR A, so if you claim your survivor benefit before your FR A and exceed the earnings limit, you will lose some of your survi- vor benefits. The earn- ings limit for future years isn't yet known, but the 2022 limit is $19,560 per year, or $1,630 per month for the remainder of the year if you claim mid-year. If you're working full time at a decent salary, you would probably be dis- qualified from receiving early survivor benefits (because your benefit amount wouldn't be sufficient to offset the pen- alty for exceeding the earnings limit). • It's possible for you to claim your survivor benefit completely indepen- dent of your own SS retirement bene- fit. So, for example, you can collect on- ly your survivor benefit first and allow your personal SS retirement benefit to continue to grow, up to age 70 when it reaches maximum. That might be pru- dent if you expect at least average lon- gevity because it would allow you to maximize your personal benefit while still collecting your survivor benefit (av- erage longevity for a man your current age is about 84). For clarity, you don't get your survivor benefit in addition to your personal benefit – you get one or the other (which- ever is more). Considering your circum- stances, if you are now work- ing full time and will contin- ue to do so, it may be pru- dent to wait until your full re- tirement age (66 years and six months) to collect your full survivor benefit (thus avoid the earnings limit). At your FR A, you can take your unreduced survivor benefit (only) and allow your own SS retirement ben- efit to continue to grow, up to age 70 if you like. At age 70, your personal SS benefit would be 28 percent more than it would be at your FR A and would re- place your smaller survivor benefit from your wife. If you're not currently work- ing full time or if you stop working, the earnings limit won't apply and you can claim your full survivor benefit (only) at age 66 and two months, and still defer claiming your own benefit until a later age for a higher amount (but don't wait longer than age 70). To submit a question, visit website (amacfoundation.org/programs/so- cial-security-advisory) or email ssadvi- sor@amacfoundation.org. Can a Widower get full survivor benefits early? Social Security Matters By Rusty Gloor Pike County Health Dept. first quarter inspection report The following are summaries of re- tail food inspections conducted by Pike County Health Department from Jan. 1 through March 31. Establishments are allowed up to 30 days to respond or correct violations, with re-inspections conducted at the dis- cretion of the Food Sanitarian. COMPLAINT INSPECTIONS Moose Lodge #1617 — 115 W Pike Ave., Petersburg — Three non-critical violations: Cook was not wearing beard net (corrected); nonfood-contact sur- faces soiled; indoor trash receptacles soiled. Sunny's #53 — 2141 N SR 257, Ot- well — Two critical violations: Soiled food contact equipment; soiled vents over food prep areas. Four non-criti- cal violations: Wall & floor behind grill soiled with grease; seals of under-count- er coolers soiled; kitchen floor soiled; cracked/broken floor tiles in kitchen. ROUTINE INSPECTIONS Dollar General #22510 — 990 E SR 64, Winslow — One non-critical vio- lation: Improper storage of single serve supplies (corrected). Mi Patio — 211 W Main, Petersburg — Three Critical violations: Food debris in handwashing sink (corrected); food contact equipment not washed and sani- tized every four hours; food products ex- posed to sources of contamination. Five non-critical violations: Improper storage of food products; seals of under-count- er cooler soiled; gaps in thresholds of exterior doors; chest freezers unable to seal tightly; chipped/broken tiles in pe- rimeter of kitchen floor and baseboard. Wright's Village Inn — 242 SR 57, Petersburg — No violations observed. The Caddy Shack — 2102 E Main, Petersburg — One Critical violation: Un- labeled chemical. 10 non-critical viola- tions: Paper towels not provided at hand- washing station (corrected); mops not hung to air dry; nonfood-contact sur- faces soiled; thermometers not present in all freezer and refrigerator compart- ments; indoor trash receptacles soiled; perimeter of floor and under/behind equipment soiled; ice machine drains onto floor; floor tiles cracked/missing; physical facility poorly maintained. Friends Bar and Grill — 802 Main, Petersburg — One Critical violation: Handwashing sink not maintained. 11 non-critical violations: Warewashing sink soiled with food debris (correct- ed); chemical test strips not provided; thermometers not provided in some re- frigerator or freezer units; three freez- ers > 0° F; nonfood-contact surfac- es soiled; gap in threshold of exterior door; floors soiled; floor tile and base- boards in poor condition; multiple ceil- ing tiles cracked/broken/missing; in- door trash receptacles soiled; mops not hung to air dry. Petersburg Elementary — 1415 E Alford Rd, Petersburg — No violations observed. Winslow Elementary — 301 E Por- ter, Winslow — No violations observed. Beacon of Light Café — 316 N Main, Winslow — One Critical violation: Hot foods exceeding time and tempera- ture rule (corrected/disposed). Two non-critical violations: Freezer > 0° F; nonfood-contact equipment soiled. Dollar General #16327 — 1032 N SR 61, Winslow — Three non-critical vi- olations: No hand soap provided in men's restroom (corrected); improper stor- age of food supplies (corrected); non- food-contact equipment soiled. Trade Mart — 2039 E Main, Pe- tersburg — One Critical violation: two out-dated food products in cooler (cor- rected/disposed). Three non-critical vi- olations: No hot water in restroom; floor tiles cracked/missing; dumpster open (corrected). Pike Central Middle and High School — 1810 E SR 61, Petersburg — One non-critical violation: Gaps in threshold of two exterior doors to caf- eteria. Otwell Miller Academy — 9958 E CR 150 N, Otwell — No violations ob- served. Dollar General #23249 — 10080 E SR 56 — No violations observed. Sunny's #53 — 2141 N SR 257 — One Critical violation: Kitchen lacks handwashing sink (work order on file). 13 non-critical violations: Improper stor- age of food supplies; nonfood-contact equipment soiled; seals of under-counter coolers soiled; indoor trash receptacles soiled; HVAC vent soiled; wall behind grills soiled with grease; baseboards, perimeter and floor under/behind equip- ment soiled; thermometers not provided in refrigerator and freezer units; sanitiz- er test strips not available (corrected); cleaning/maintenance equipment not organized; gaps in thresholds of doors; broken/cracked floor tiles. The lgloo — 912 N Main, Winslow — Seven non-critical violations: Soap not provided at one handwashing sink (corrected); nonfood-contact equipment soiled; floor tile and baseboards soiled; thermometers not found in freezers; im- proper storage of single service supplies (corrected);gap at threshold of door to garage; bathroom floor worn. China Wok — 808 E Main, Peters- burg — One critical violation: Food sup- plies not covered (corrected). Seven non-critical violations: No paper towels at handwashing sink (corrected); ther- mometers not found in all refrigerator or freezer units; nonfood-contact surfaces soiled; insufficient lighting in food prep and storage areas; indoor trash recepta- cles soiled; gap in threshold of exterior door; cracked/broken floor tiles. REINSPECTIONS Mi Patio — One critical violations: Food supplies exposed to sources of con- tamination (corrected). Four non-criti- cal violations: Improper storage of sin- gle-serve supplies; door of storage shed doesn't close completely; gaps in thresh- olds of exterior doors; chipped/broken tiles in perimeter of kitchen floor and baseboard. Remaining violations cited at previous inspection have been cor- rected. The Caddy Shack — Nine non-crit- ical violations: Nonfood-contact surfac- es soiled; thermometers not present in all freezer and refrigerator units; freez- er > 0° F; indoor trash receptacles soiled; improper storage of food contact equip- ment (corrected); unlabeled working containers (corrected); floor under/be- hind equipment soiled; floor tiles worn/ cracked/missing; physical facility in need of maintenance/repairs. Remain- ing violations cited at previous inspec- tion have been corrected. Friends Bar and Grill — Four non-critical violations: Freezers > 0° F; gap in threshold of exterior door; ceil- ing vents not covered; floor tile and base- boards in poor condition (work order on file). Remaining violations cited at pre- vious inspection have been corrected. China Wok — One critical violation: Soiled vents over food prep areas. 4 non-critical violations: Wall behind grill soiled with grease; floor under equip- ment soiled; gap in threshold of back ex- terior door; cracked/broken floor tiles. Remaining violations cited at previous inspection have been corrected. Sunny's — One Critical violation: Kitchen lacks handwashing sink (work order on file). Five non-critical viola- tions: Improper storage of food supplies (corrected); nonfood-contact equip- ment soiled; baseboards, perimeter of floor and areas behind/under equipment soiled; chipped/broken floor tiles; large gap at bottom of garage door (work or- der on file). Remaining violations cited at previous inspection have been cor- rected. The Caddy Shack — One critical vi- olation: Handwashing sink soiled (cor- rected). Seven non-critical violations: Nonfood-contact equipment soiled; san- itizer test strips not available; thermom- eters not provided in freezers; trash re- ceptacles soiled; perimeter of floor and areas under/behind equipment soiled; broken/missing tiles; mops not hung to air dry. Remaining violations cited at previous inspection have been cor- rected. The lgloo — One non-critical viola- tion: Bathroom floor worn, in need of replacement. Remaining violations cit- ed at previous inspection have been cor- rected. More than 35 tickets written so far for detour violations A semi-truck driven by Myer Trucking had traffic backed up on State Road 61 as he made his way back- wards down State Road 61 to turn around, after ignoring traffic signs saying semi-trucks are not allowed. Ac- cording to Petersburg Police Chief Kyle Mills, the department has written over 35 citations for violating the detour since it began. The project is expected to continue into July, 2022.