Warsaw Times Union 02 26 2019 E Edition Page 1A

WASHINGTON (AP) - President Donald Trump's former personal lawyer, Michael Cohen, is expected to give a behind the scenes account of what he will claim is Trump's lying, racism and cheating, and possibly even criminal conduct, when he testifies publicly before a House committee on Wednesday, according to a person with knowledge of the matter. Cohen is expected to pro vide what he will claim is evi dence, in the form of docu ments, of Trump's conduct, said the person, who request ed anonymity to discuss the confidential testimony. Trump's former personal "fixer" arrived on Capitol Hill today to begin three days of congressional appearances, starting with a closed door interview with the Senate intelligence committee. The public won't have a chance to hear from him until Wednesday, when he testifies before the House Oversight and Reform Committee. He will go behind closed doors again when he talks to the House intelligence commit tee on Thursday. Lawmakers are alternate ly suspicious of Cohen, who is set to serve time in prison for lying to the House and Senate intelligence committees in 2017, and eager to hear what Cohen has to say after he turned on his longtime boss. Senators on the intelligence panel are expected to attend today's meeting, a departure from the committee's usual practice, where witness interviews are conducted by staff only. Senate Intelligence Committee Chairman Richard Burr told The Associated Press that sena tors will have staff ask ques tions but will be in the room to observe. He said no topics will be off limits and Cohen "should expect to get any question from anywhere about anything." Burr said committee members know a lot more than they did when they first interviewed Cohen, who later pleaded guilty to lying to the House and Senate intelli gence committees about abandoning a proposal for a Trump Tower in Moscow in January 2016. Cohen has since acknowledged he con tinued pursuing the project for months after that. Burr suggested that the committee will take steps to ensure Cohen is telling the truth. "I'm sure there will be some questions we know the answers to, so we'll test him to see whether in fact he'll be truthful this time," Burr said. As a close confidant of Trump for many years, Cohen's testimony is among the most anticipated since the House and Senate started investigating the Trump cam paign's Russia ties two years ago. In addition to lying to A motion to dismiss both charges against Patrick Olson has been filed by his attorney, David Kolbe, of Warsaw. Olson, of Winona Lake, is a former Kosciusko County Community Corrections home detention officer who was charged in October 2017 with aiding an escape by removing a woman's ankle bracelet monitoring device. He and the woman then trav eled to Valparaiso and spent the weekend together. On Jan. 10, Olson decided to take his case to a jury trial, which is scheduled for Nov. 19 22 in Kosciusko County. The motion e filed Monday evening in Kosciusko County Superior Court I states that Olson was denied a speedy trial; the court doesn't have jurisdic tion with respect to Count I (sexual misconduct with a service provider) as the county of proper venue is Porter; and the facts alleged in the probable cause affi davit with respect to Count II (aiding, inducing and causing escape) do not constitute an offense. It also says Olson was denied procedural due process of law by the failure of the court to set any stated term for the special prosecu tor (D.J. Sigler, of Whitley County); the failure of the special prosecutor to file any progress reports; the failure of the special prosecutor in his acceptance and oath to support the U.S. Constitution; and in the unlawful selection procedure of the special prosecutor. Kolbe's memorandum supporting the motion to dis miss states that the charges against Olson were filed in Superior I on Nov. 17, 2017, with the warrant served that day and Olson taken into cus tody and a bond posted. Prior to the filing of the charges, Marshall County Superior Court I Judge Robert O. Bowen was appointed as special judge. Also on Nov. 17, 2017, Kosciusko County Prosecuting Attorney Daniel H. Hampton filed a motion to appoint Sigler as the special prosecutor. Kolbe argues the case should be dismissed pur suant to Criminal Rule 4(C), which provides that "no per son shall be held on recogni zance or otherwise to answer a criminal charge for a period in aggregate of more than one year from the date of the criminal charge against such defendant is filed, or from the date of his arrest on such charge, whichever is later." He states that Indiana law is clear that unless the case is brought to trial within 365 days, all charges must be dis missed with prejudice. This period is extended where any delay is caused by the defen dant's actions. Kolbe states the charges were filed Nov. 17, 2017, and provides a timeline of the case, listing the dates of sev eral hearings, motions and conferences. By Jan. 10, Kolbe says, 419 days transpired with 28 days assessed against Olson, for a total of 391 days assessed against the state. Kolbe says a jury trial was set on Jan. 10, well outside the 365 day deadline, violat ing Criminal Rule 4(C) and therefore Olson is entitled to a dismissal. The motion also argues that Count I must be dis missed because Kosciusko County is the improper venue. Venue is jurisdiction al. "Clearly, the state, in its affidavit of probable cause, unequivocally reveals that the alleged act of sexual mis conduct occurred in Valparaiso, Porter County, Indiana," the motion states. The probable cause affi davit states Olson was the escapee's case manager and their relationship turned into more. She said Olson came to her home, removed her ankle bracelet and they went to Valparaiso, staying two nights in a hotel room togeth er. During the weekend, they had sex. Kolbe cites Indiana Code which says "criminal actions shall be tried in the county where the offense was com mitted." Based on that, Kolbe said Count I was filed wrong fully in Kosciusko County and the count should be dis missed. Then he argues that the facts alleged in Count II affi davit do not constitute an offense. TIMES UNION February 26, 2019 WARSAW, IN - $1 - FOUNDED 1854 - NO. 48 @TUonline Times-Union - Warsaw timesuniononline.com World Another cease- fire: Can the U.S., China end their trade war? Page 8B Opinion Kraft case: Don't forget who the victims are. Page 4A Contact Us: PHONE: 574-267-3111 MAIL: P.O. Box 1448, Warsaw, IN 46581-1448 EMAIL: news@timesuniononline.com Low 25 High 35 Sports Grace enters new era with pair of wins. Page 1B Cloudy tonight and Wednesday TIMES UNION $0.50 8 5 32320 00001 Tuesday IN OUR 165th YEAR OF CONTINUOUS SERVICE TO KOSCIUSKO COUNTY Photo provided Michael Cohen (L), President Donald Trump's former lawyer, ar- rives to testify before a closed door hearing of the Senate Intelli- gence Committee accompanied by his lawyer Lanny Davis of Washington, on Capitol Hill, today. Czech Republic's Filip Sakala builds up speed for his jump during a men's ski jumping training at the Nordic Ski World Championships, in Seefeld, Austria, today. See COHEN- Page 2A See CASE- Page 2A $1 A Warsaw man is facing strangulation and battery charges after allegedly pushing and choking the mother of his children. Dustin Lawrence Swindle, 30, of 2271 S. Cost A Plenty Road, #3, Warsaw, was booked into the Kosciusko County Jail at 10:08 a.m. Friday for stran gulation and domestic bat tery. His preliminary bond was set at $5,000 surety and $1,000 cash. Court documents filed Monday list the charges against him as strangula tion, a level 6 felony; domestic battery with a child under 16 present, a level 6 felony; and domestic battery, a Class A misde meanor. On Friday, Kosciusko County Sheriff's Office deputy James Smith was dispatched in reference to a domestic battery and was told Swindle had left the residence on foot. Smith met with the vic tim who said she and Swindle had an argument. During the argument, Swindle pushed her and caused her to fall down. He then got on top of her and used his hands to apply pressure to her neck. The victim said she struggled to breath while Swindle was choking her. Smith could see redness on and around the victim's neck. The victim also said she and Swindle had two minor children, and both were present in the home when the altercation occurred. She said Swindle left the home when she contacted police. Swindle was found and brought back to the resi dence by a KCSO deputy. Swindle admitted to Smith that he pushed the victim down, according to court documents. A no contact order was entered on Monday. BY DAVID SLONE TIMES-UNION Staff Writer dslone@timesuniononline.com FORT WAYNE - A South Whitley man died early Sunday after his car crashed into the St. Marys River in Fort Wayne. The Allen County coroner identified the man as Brian Coburn, 36. Police and other emer gency responders were called to the area near Rudisill and Broadway streets shortly before 3:30 a.m. Sunday following a report that a vehicle had gone into the river. The car was equipped with OnStar, according to WANE 15. An OnStar opera tor who made contact with authorities initially indicated that the car was either in the river or beside it. A little later, the operator reported the car was in the river. The submerged car was found and the Fort Wayne Fire Department deployed rafts and divers into the river. Divers found Coburn inside the vehicle, and the car was pulled from the river, according to The Journal Gazette. Coburn was pronounced dead at the scene and his death was ruled an acciden tal drowning by the coro ner's office. No one else was found in the car. The crash remains under investigation by the Fort Wayne police, coroner's office and the Indiana Department of Natural Resources, according to The Journal Gazette. BY DAVID SLONE TIMES-UNION Staff Writer dslone@timesuniononline.com South Whitley Man Dies When Car Goes In River Sliding Along Photo by As ociated Pres Dismissal Sought In Home Detention Officer's Misconduct Case BY DAVID SLONE TIMES-UNION Staff Writer dslone@timesuniononline.com Warsaw Man Accused Of Choking, Pushing His Kids' Mom After working the entire school year, an adoption team made up of teachers from every Warsaw Community Schools build ing have narrowed the reading curriculum materi als to two programs. The two programs selected for further investigation were Fountas and Pinnell Classroom, and Into Reading. Samples of the two pro grams will be on display for public review at the Warsaw Community Schools Central Office until March 22. Any parent or community member may visit the office to review the programs. After the review period, the adoption team will meet to select a program to pilot for next year. Questions can be directed to WCS Chief Academic Officer Dr. David Robertson at drobert son@warsawschools.org. WCS Announces Elementary Literacy Textbook Adoption Options STAFF REPORT Cohen Expected To Claim Lying, Racism, Cheating, Criminal Conduct By Trump

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