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INDIANAPOLIS -- Former Subway pitchman and convicted child predator Jared Fogle is continuing his quest to be released from prison early – most recently by asking a federal judge allow him to withdraw his guilty plea.Fogle pleaded guilty in 2015 to federal charges of conspiracy to distribute/receive child pornography and of traveling to engage in illicit sexual conduct with a minor. He also agreed, as part of his plea, to pay 0,000 each to fourteen unnamed juvenile victims as restitution.Judge Tanya Walton-Pratt sentenced Fogle to serve more than 15 years in prison on the charges. Fogle has been serving that sentence at the federal penitentiary in Englewood, Colorado.Since his sentencing, however, Fogle has filed dozens of motions seeking to have his sentence either reduced or thrown out altogether.Last month, Fogle, who is now representing himself in the case, argued that Pratt “has bias” against him because she was the mother of two teenage daughters at the time of his sentencing. That claim was easily disproven, though: Pratt has only one daughter, and said daughter was 24 at the time Fogle pleaded guilty.Fogle’s most consistent claim – which he has repeated in multiple filings and is now pursuing in two separate cases (Fogle v. Walton-Pratt et al and Fogle v. USA) – is that he was wrongfully allowed to plead guilty to a conspiracy charge in the case. Fogle contends that no such charge exists under federal law.Fogle’s claim appears to stem from a reading of the statute under which he was sentenced – 18 U.S. Code § 2252(a)(2) – that overlooks or ignores a latter passage that states, “Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years…”Fogle, as noted in the plea agreement he signed, is accused of conspiring to violate paragraph (2) of subsection (a).In a filing to the court on March 5, Fogle excerpts section (a) of the statute, while omitting section (b) entirely.In another filing under his “conspiracy” argument, Fogle included portions of letters between former FBI Director J. Edgar Hoover and former Republican U.S. Rep. Karl M. Le Compte dated 1946 – along with a portion of the Communist Control Act of 1954.Fogle also included portions of a transcript from the 2016 United States v. Frank Edwin Pate case in which he appears to have underlined sections containing language about “aiding and abetting.” Pate – who is incarcerated at the same prison as Fogle on a 2015 conviction for wire and mail fraud – was ultimately unsuccessful in that case.Although Fogle asks the court to “take judicial notice” of the facts presented in his filing, he does not make clear what, if anything, he believes the information presented within has to do with his case – nor is it immediately apparent.A previous attempt by Fogle to appeal his sentence in the 7th Circuit Court of Appeals in Chicago was rejected by the court, which dismissed Fogle’s arguments in June 2016 as “unpersuasive.”In addition to Judge Pratt, Fogle’s request on Monday for immediate release and a hearing on the constitutionality of the charges he pleaded guilty to was also addressed to the warden of the Englewood Federal Correctional Institute and to President Donald Trump. It was not made clear in the filing what, if anything, he hoped President Trump could do for him. 3436

INDIANAPOLIS -- The two suspects accused of shooting into an Indianapolis house last month and killing a 1-year-old girl confessed to the crime, according to preliminary court documents released Thursday.In the preliminary probable cause document, both Darrin Banks, 27, and Brian Palmer, 29, admitted to firing several rounds into a house in the 3500 block of Wittfield Avenue on March 29.Shortly before 2 a.m. on the 29th, officers with the Indianapolis Metropolitan Police Department responded to the house to find one adult and one child shot.Malaysia Robson, age 1, was killed in the shooting. Robson's 19-year-old aunt, Anna Fox, was also hit. Police say eight to 10 people were inside the home at the time, the majority of which were teenagers.Investigators found about 19 spent .223 casings on the street in front of the house.According to the document, witnesses said the shooting was related to a family dispute that started on social media, and escalated to a fight at an apartment complex before it culminated with the incident on Wittfield Avenue.A person close to both families told police they were told that Banks and Palmer were the ones involved in the shooting, according to the probable cause. On Tuesday, IMPD surveillance units followed Banks and Palmer as they drove around Indy's east side in Palmer's vehicle. When they failed to stop at a stop sign, IMPD initiated a traffic stop, where several officers noticed a "AR-15 type rifle" in the front seat in plain view, according to the document.Two AR-15-style rifles were found in Palmer's vehicle through a search warrant. When police interviewed Banks and Palmer separately, both said they were upset about the previous fight, which resulted in an injury to Banks' pregnant sister. They both admitted, according to the probable cause, to firing at the house, knowing that several people were inside.PREVIOUS | Family: Suspects were playing video games when 1-year-old Malaysia Robson was killedPalmer's mother, Renee Sloan, said Wednesday that both men were home playing video games at the time of the shooting. "The whole community is talking about Darrin Banks and Brian Palmer," Sloan said. "Those are their names. They're not murderers. They're human beings and they have names. They did not do this. That is not in their demeanor. That is not how they work. That is not what they do. I want to have a voice for them. Everyone else has a voice but those two. I want people to know what type of people they are."  2560

INDIANAPOLIS -- The widow of an Uber driver who was killed in an Indiana crash earlier this month is calling out a politician who is using her husband's death to promote his campaign in a commercial. Republican Candidate for US Senate Mike Braun is using the deaths of Colts' player Edwin Jackson and his Uber driver, Jeffrey Monroe, in his new radio and TV ads. "You don't have a right to take other people's misery and use it for your own political gain," said Deborah Monroe. "That's just wrong - that's just downright wrong."READ | Wife of Uber driver killed in crash w/Colts player says she's 'not surprised' at husband's actionsManuel Orrego-Savala, an undocumented immigrant, is accused of driving drunk and killing Jeffrey and Edwin. Braun uses their images and deaths and Orrego-Savala's immigration status to promote building the wall and ending chain migration. READ MORE | Docs: Suspect in drunk driving crash that killed Colts player, Uber driver showed ‘no remorse’ | Suspect in crash that killed Colts player was in U.S. illegally, had been deported twice"His immigration status didn't kill my husband," said Deborah. Mike Braun's campaign issued the following statement about the ad.Mike Braun believes that Washington needs to stop illegal immigration, build the wall, and keep criminal illegals like the one that killed Jeffrey Monroe and Edwin Jackson out of Indiana. Mike and his family are praying for the families of the victims." 1510

It's Halloween, a great time to be scared, right? But for many of us fears aren't fun and games. You might think it's best to stay away from the things that scare you the most. But one expert says doing the opposite may help you more.How about if you're afraid of germs?"You could touch the inside of the toilet and you can rub that on your face," says Psychologist Dr. David Shanley.It sounds gross, and if you're afraid of germs the thought is downright terrifying.But Shanley, who helps people fight their phobias, says facing your fears head on could be the key to getting over them. The first step is to asses exactly what they're fearing and what they're doing to avoid it. Then determine how much exposure to that fear a client can take. For example, a fear of dogs.  "If they take their fear head on and go to the dog park straight out then they're going to save themselves a lot of time of working up step-by-step," Shanley says.  Not everyone can go that far that fast. But Shanley says there has to be some level of exposure to make progress. Not just to fears on the outside, but on the inside.  "Part of the exposure is actually flooding them to those scariest thoughts," Dr. Shanley says.  If a person were afraid of elevators or tight spaces, overcoming the fear is about more than riding from floor to floor.  "You more want them actually thinking all the worst case scenarios so that they know that the next time they need to get into the elevator they can do it whether they are having happy thoughts or negative thoughts," Shanley says.  And when facing a fear of heights, the same principles apply.  "I would ask the person to, all right can you climb up here?" Shanley says. "And then as they are climbing up I would also be telling them, all right now look down and think about wow that's a long ways down and what if I fell?"  Dr. Shanley says these are all things you can try on your own, and repetition is key."Without it their success rate of the treatment is a lot less," Shanley says.  And don't be shy. Shanley says if you don't face your deepest, darkest fear, it could come back. Something to keep in perspective when things get a little dirty."I don't have to like it. They don't have to enjoy this process but we want it to illicit this fear," Shanley says.You can find out more about Dr. David Shanley here. 2444

It’s time for the annual Leonid meteor shower, which gets its name because meteors often appear to originate from the constellation Leo.It peaks on the night of Saturday, Nov. 17 and early the next morning.Meteors may be visible throughout the month of November, but the peak should produce rates of 10 to 15 meteors per hour, according to Space.com.The best chance for seeing meteors is to find somewhere dark, away from city lights. The waxing gibbous moon also will pose a challenge this year, as its brightness will drown out some of the dimmer meteors.Despite the meteor shower’s name, meteors should be visible across the night sky in all directions. 669