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INDIANAPOLIS — The child pornography case against Russel Taylor, the former head of Jared Fogle’s obesity campaign foundation has been vacated. Southern District of Indiana Judge Tanya Walton Pratt made the order to vacate Taylor’s sentence on account of Taylor’s defense attorney was “lacking experience and preparation in federal court criminal proceedings.”In December 2015, Taylor was sentenced to 27 years in prison after pleading guilty to 12 counts of sexual exploitation of children and one count of receipt and distribution of child pornography and conspiracy to distribute and receive child pornography. Three of the sexual exploitation of children counts of were based on videos that the court determined “do not depict sexually explicit conduct.” At the time, Taylor’s attorney failed to recognize that and advised him to plead guilty to all counts, the court found.It was also Taylor’s attorney’s first criminal case in federal court, and he “did not undertake the study and research he needed to competently assist Taylor,” Pratt wrote.“There is no question that competent work by counsel would have produced a different outcome in this case,” Pratt wrote. Since the entire plea agreement was negotiated as a package, Taylor’s case will begin again from the beginning. Taylor worked for 12 years as the executive director of the Jared Foundation, a nonprofit Fogle founded to combat childhood obesity. According to documents filed in federal court in the first case, Fogle and Taylor traveled extensively together – with Fogle often asking Taylor to arrange for prostitutes and increasingly expressing interest in children.In November 2015, Fogle was sentenced to more than 15 years in prison.This article was written by Matt McKinney for 1765

In a town on the Puget Sound of Washington, Mario Rivera makes his way down to the secluded beach in his backyard. "We have to walk a little bit to get to it," he says.Rivera walks along the beach to an adult male gray whale decomposing on his property."40 feet long… we named it Gunther," Rivera says, pointing to the rotting whale.Gunther is one of 30 gray whales that have washed up dead on the shores of Washington so far this year. If you include Alaska, Oregon and California, that number jumps to 81 and counting.The National Oceanic and Atmospheric Administration is calling the phenomenon an unusual mortality event, and there's simply not enough storage space for these massive decomposing animals."This whale got stranded about three or four miles down there," Rivera explains.Homeowners in the area weren't too happy about where Gunther landed naturally, so the Marine Mammal Stranding Network had to find somewhere else to designate as his final resting place."My wife and I just looked at each other and said 'Hey, let's take it to our property,'" Rivera says.With permission from their one neighbor, Rivera and his wife were the first to volunteer their property as a place for the whale to decompose.They were the start of a movement as NOAA says 15 more have volunteered since. It's an unexpected response considering the scent of a decomposing whale is far from pleasant."It smells like a rotting whale," Rivera explains.He says the stench comes and goes with the hot temps and wind, but he's been covering it in lime to help, and he says the pungent smell will likely go away after a month. What's more important, is that Gunther has given Rivera and scientists an opportunity to study why so many whales may be dying."When we opened him up, we found nothing but eel grass. And eel grass isn't part of their diet. This whale was what we call desperation feeding," Rivera says.John Calambokidis has been studying whales along the West Coast for 35 years. He's a research biologist with Cascadia Research. Calambokidis says the malnourished state of Gunther was very similar to what they've been seeing with other dying whales."Most of these whales have shown up very thin and emaciated--very little oil or fat in their blubber layer, which suggests they didn't get enough to feed last year," Calambokidis says.Gray whales spend the summers feeding in the Arctic and then migrate south near Mexico for the winter. All the whale strandings show some aren't making it through their normal seasonal fasting as they migrate back north along the West Coast in the spring. Calambokidis says it still isn't 100 percent clear why so many whales are dying, but he thinks its at least due in part to food supply not being able to meet the demand of the West Coast's growing whale population."Most recent estimate was 27,000 gray whales in this population," Calambokidis says.Research biologists have seen this trend once before back in 1999 and 2000. The theories were the same, and gray whales have made a comeback in the following decades. But now, scientists are questioning whether warming waters is also playing a role."We're not yet alarmed about this in the sense that we've seen something like this before and they've recovered from it. But we really do want to understand what's going on," Calambokidis says. "Particularly since there have been such dramatic changes in the arctic ecosystem. Making sure there isn't also a climate change element to this that could suggest a longer-term pattern we need to be more concerned about."According to Calambokidis, waters are warmer, and ice cover has dramatically been reduced, changing the dynamics of the ecosystem and how whales reach their prey.Part of their job as research biologists is to learn if there's more to the story. Calambokidis says they study each carcass searching the tissues for disease or contaminants. But for now, the main issue is dealing with the abundance of dead whales. And Rivera is happy he's been a part of the solution."This one couple volunteering this has prompted NOAA to think well maybe there are other people that would be interested in this, and [they can] kind of explore this as a new direction," Calambokidis says.*********************If you'd like to reach out to the journalist of this story, email elizabeth.ruiz@scripps.com 4342

KANSAS CITY, Mo. — The city of Lawrence, Kansas, on Tuesday took a step toward lowering the penalties for first- and second-time marijuana possession to .The city commission changed an ordinance on the penalty during a packed meeting. A second reading and vote is still necessary before the ordinance is officially changed. “This is not legalizing marijuana,” Lawrence Mayor Lisa Larsen said. “What I want to do with this is to bring some reasonable and equitable justice to this, that’s what this is about for me.”Currently, the minimum fine for first-time marijuana possession is 0, plus in court costs. The person also has to undergo a court evaluation, which is an additional cost. If the proposed ordinance is passed, the new fine would only apply to people 18 years and older who are arrested with less than 32 grams of marijuana for their first or second time. It would also eliminate mandated court evaluations and leave it to the discretion of a judge. A third arrest would still be considered a felony with significant penalties, which is why City Commissioner Stuart Boley voted no Tuesday. “I think we are lulling people into a false confidence that they can do this with impunity when they are still facing a felony charge on the third time, so I can’t support lowering the fine,” Boley said. Even if the fine is lowered, the arrest would still go on a person’s record as a misdemeanor charge. The ordinance proposal came about after a concerned citizen asked the commission to review and change the policy. “When you make the fine a dollar, basically you’re saying we’re decriminalizing marijuana. Lawrence has always been a leader in those type of liberal, progressive changes,” said David Wilkinson, who supports the change. 1765

In Kentucky, bourbon is more than just big business, it’s part of the culture, influencing everything from the arts to the economy. Tourists Anna and Michael Kraczyk says their love of bourbon brought them to Bourbon Country. They're just two of the million-plus people expected to visit Kentucky this year, specifically for the bourbon experience. The Kraczyks say they plan on spending a lot of money during their time in the Bluegrass State. “A couple of thousand,” Anna says. “Yeah, a couple of thousand. It’s a great investment.” In Kentucky, bourbon production has increased 115 percent since 2009 and has grown to a multi-billion dollar industry. “When people come to town and visit us, they don’t just visit this location,” says Jeff Crowe of Heaven Hill Distillery. “They have a place to overnight accommodate, or they have to have a place to eat breakfast or diner or have another cocktail with their family in the evening.”Crowe says this American-made, barrel-aged spirit has created international interest, and believes the bourbon boom will continue to grow. “I think that explosion is now where near close to the final stages,” he says. “We’re excited about the future.” Now, there’s a new player in the market trying to cash in with new product. Kartik Kamat is making gin out of Kentucky-grown corn, mixing the flavors of his Indian heritage with his American upbringing to create Holi Gin. “I wanted to solve something in the distilled spirit industry,” Kamat says. Released in September, Holi Gin has been well received, medaling at competitions. Now, the product is available at some of the biggest spirit stores in the country.“We are our distributor’s fasting-selling gin,” Kamat says. “But it took us a long time to understand that we even had a product to get it over here.” This product, however, represents something much more than liquor. It’s the story of an immigrant living the American dream and perhaps putting Kentucky on the map for something more than bourbon. 2008

It could take up to two years for the government to identify potentially thousands of additional immigrant families US authorities separated at the southern border, officials said in a court filing.The government's proposed plan, detailed for the first time in documents filed late Friday night, outlines a strategy for piecing together exactly who might have been separated by combing through thousands of records using a mix of data analysis and manual review.The court filing comes a year after a memo from then-Attorney General Jeff Sessions officially created the administration's "zero tolerance" policy, which eventually led to the separation of thousands of immigrant families. While a federal court order forced the reunification of many of those families, an explosive government watchdog report in January revealed there could be thousands more who hadn't previously been acknowledged by officials.And a federal judge last month ruled that this group should be included in the class-action lawsuit over family separations.The judge's order was a major blow for the Trump administration, which had argued finding these families would be too burdensome a task. And it now presents a major logistical challenge for the government.Several factors complicate the process, officials said in Friday's court filing:? All the children from this group of separated families have already been released from government custody? US Customs and Border Protection didn't start tracking separated families as a searchable data set in its records before April 19, 2018? A manual review alone would "overwhelm ORR's existing resources" because teams would have to comb through nearly 50,000 case files Instead of taking that approach, officials propose using data analysis to hone in on which records are likely to be separated children, and then to embark on more painstaking manual reviews. The process, officials said, would take "at least 12 months, and possibly up to 24 months."A team of officials representing the Department of Health and Human Services, Immigration and Customs Enforcement, and Customs and Border Protection would lead the effort, the filing said. They would then convene a data analysis team led by a senior biostatistician.Last month, US District Judge Dana Sabraw issued a 14-page ruling modifying the class definition, following revelations that the government had been separating families as far back as July 1, 2017, months before the controversial "zero tolerance" immigration policy was announced. Officials estimated that the children were separated, received by HHS for care and released prior to Sabraw's June 26, 2018, court order ordering a halt to most family separations at the US border.Plaintiffs "request that the government identify the families whom it separated on or after July 1, 2017 whose children were released from ORR before June 26, 2018," according to a court document late last month. They note that the government should "start the process immediately." The government had proposed submitting a proposal on next steps "on or before April 5, 2019."The Ms. L, et al. vs. Immigration and Customs Enforcement, et al., case was initially prompted by the separation of a Congolese woman and her 7-year-old daughter. The American Civil Liberties Union originally filed the case last year and it was later expanded to become a class action lawsuit.Last June, Sabraw issued a preliminary injunction blocking most family separations at the US-Mexico border and ordered the government to reunite the families it had divided.Since then, the administration has provided regular reports to the court on the reunification status of children and parents whom the government separated, including some parents who were deported but ultimately elected not to be reunified with their children.As of March 25, 2019, the government has discharged 2,749 of 2,814 possible children of potential class members, up eight since the last status report on March 6. 4028