"Serpico"; and how the good guys are somehow the bad guys

Last night I watched the 1973 film “Serpico” starring Al Pacino. “Serpico is based on a true story about an honest New York police officer, Frank Serpico, who blew the whistle on widespread police corruption. Serpico did not set out to bring down bad cops; the bad cops turned on him when he would not accept bribes and payoffs. Serpico’s actions in standing up to crooked officials in the police department and city government only got him labeled as a “bad cop.” When nobody in the system would do anything about rampant police corruption, Frank went to the newspaper. Shortly after the New York Times published a front page story about the corruption in the New York City Police Department, Serpico was sent to the dangerous ranks of the narcotics unit where he was shot in the face by a drug dealer while his fellow officers did nothing. Luckily Frank Serpico survived the incident and it brought forth sweeping reform to the department. Unfortunately, Serpico was still seen as a traitor amongst other police officers and received little recognition from the New York City Police Department for his bravery.

How can government spiral so far out of control to the point where the “majority rules” mentality kicks in and decides that if the bad guys outnumber the good guys, then the bad guys are right? “Serpico” is somewhat of a metaphor for government corruption on many different levels. I can liken it to my experiences in dealing with the Indiana Court System. One thing I feel that I share with Frank Serpico is a public perception of naivety. If individuals stand up against government corruption and civil rights violations in matters which the majority perceives to be impossible, the individuals are often labeled as being naïve. If the “naïve” individuals start asking too many questions, they are considered to be a threat. If the “threatening” individuals’ persistence begins to attract the ear of the public, then they are deemed dangerous. “Dangerous” is a label that dishonest officials place on people who pose a serious risk to their convenient unethical and/or illegal activity. In three simple steps, the new naïve guy in the system can somehow evolve into a danger to society. Corrupted officials need to label their opponents as being dangerous because it provides a means of justification to take almost any action necessary to eliminate the danger.

“You can’t beat the system.” I’ve heard that many times during the course of my dealings with the Indiana Court System and Dearborn County Law Enforcement. What people fail to understand is that I’m not trying to beat anything. I just want to be able to exercise all of my rights guaranteed to me by the US Constitution and I want those who are in a position to enforce the law to OBEY the laws they swore to protect. I was punished because I questioned the ethics of the Court’s expert, Dr. Edward J Connor. I was punished because I got Judge Carl H Taul to recuse himself because he violated the Indiana Judicial Code of Conduct by communicating with Dr. Connor outside the presence of the parties. I was punished for publicly writing about Dr. Connor and Judge Taul’s unethical/illegal conduct. Then I was punished for being persistent in trying to obtain the evidence against me. When I continued to question the system, I became the subject of a “secret” investigation by the Dearborn County Special Crimes Unit. When I began to request public records pertaining to the secret investigation and Judge James D. Humphrey, Dearborn County Prosecutor Aaron Negangard sent me an email where Mr. Negangard threatened to “make every effort to prosecute” me if I break any laws. Why is the Dearborn County Prosecutor threatening me? Is he threatening me because he believes I am dangerous, or is he threatening me because I am naïve? I guess it depends on what side of good or bad Mr. Negangard falls on.

Frank Serpico left the New York City Police Department after recovering from a gunshot wound to the face. The New York Times did an article on Mr. Serpico earlier this year. Frank Serpico was a victim of the NYPD yet he was viewed as a villain by many in the NYPD. The only thing Mr. Serpico was guilty of was failing to distinguish the difference between the criminals on the street and the criminals on the police force. Frank Serpico’s “inability” to differentiate the “good” criminals from the “bad” criminals prematurely ended his law enforcement career. In the January article by the New York Times, Frank Serpico said, “They took the job I loved most. I just wanted to be a cop and they took it away from me.” In a sense, I feel that I can relate to Mr. Serpico. Why should a person be punished because other people are angry that the person follows the law? I haven’t broken any laws in Indiana yet Indiana treats me as if I am a criminal. Indiana took the job I loved most. I just wanted to be a dad, and Indiana took it away from me.

The Indiana Appellate Court doesn't tell the truth

I think the Indiana Court of Appeals is under the impression that we live in a place like Russia or China. I got a ruling [Click here to see the Appellate decision] from the Indiana Court of Appeals and apparently they are in the business of abusing children and taking away First Amendment Rights as well. Rather than deny my appeal because I did not preserve my right to appeal matters while representing myself or claim that my lawyer did not make the correct argument, the Appellate Court did just what the two trial court judges did; they lied.

Dearborn Circuit Judge James D. Humphrey terminated my ability to see my children on August 18, 2009, based primarily on the testimony and evaluation of child custody evaluator Dr. Edward J. Connor. The one thing that I have had difficulties understanding is why the state of Indiana makes laws if the state does not have to follow them. Indiana Code (IC) 31-17-2-12 deals with the procedures regarding custody evaluations for custody hearings. IC 31-17-2-12(b) states the evaluation and the testimony of the investigator may not be excluded in court on the grounds as hearsay if the requirements of subsection (c) are met. IC 31-17-2-12(c) states:

(c) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten (10) days before the hearing. The investigator shall make the following available to counsel and to any party not represented by counsel:
(1) The investigator's file of underlying data and reports.
(2) Complete texts of diagnostic reports made to the investigator under subsection (b).
(3) The names and addresses of all persons whom the investigator has consulted.

I tried to get a copy of Dr. Connor’s case file for fifteen months before the final hearing. Judge Taul said he would not release the file because he was not aware of Kentucky law. I still wonder why an Indiana judge would think that the laws of Kentucky govern the release of information in Indiana trials. When Judge Taul recused himself after participating in ex parte communication with Dr. Connor, Judge Humphrey stepped in to take over violating my rights to due process. Judge Humphrey said he was not going to let me have Dr. Connor’s file because he thought that I wanted to use it to hurt the children’s mother. [Please note that throughout the two and a half year divorce, I was never accused of harassing or menacing behavior by any party.] Judge Humphrey allowed Dr. Connor’s report and testimony to be admitted as evidence despite my objections that the evidence is hearsay because I was not provided a copy of Dr. Connor’s case file. Judge Humphrey terminated my parenting time based on Dr. Connor’s testimony and report.

Appellate judges are fair, right? What motivation would they have not to perform their duties in an honest and unbiased manner? The Indiana Appellate Court sounded like they did not like me in their ruling. As a lot of people know, appellate rulings can take several months or even years. The Indiana Appellate Court took just eighteen business days from the time they received the trial court record to make a decision. How did they rule on my appeal regarding me not having access to Dr. Connor’s case file per IC 31-17-2-12(c)? They affirmed the trial court’s decision.

I thought the Indiana Code was pretty clear; if I did not have a copy of the case file, then the evaluation was not admissible to court because it was hearsay. The Appellate Court disagrees. The Indiana Appellate Court stated, “We first note that IC 31-17-2-17(c) does not require that Dr. Connor’s entire case file be provided to Daniel.” The Appellate Court did not offer any statute or case law to support their opinion that “investigator’s file of underlying data and reports” did not mean Dr. Connor’s entire case file. When I researched cases involving IC 31-17-2-12(c), I was unable to find any case precedence that defined exactly what the “investigator’s file of underlying data and reports” consisted of. Immediately after the Appellate Court stated that the “investigator’s file of underlying data and reports” did not mean Dr. Connor’s entire case file, the Appellate Court wrote, “All the items specified by statute were provided.” Somehow the Indiana Appellate Court ruled that the investigator's entire file of underlying data and reports, under IC 31-17-2-12(c), did not refer to Dr. Connor's entire case file.

Despite there being no definitive explanation as to what Dr. Connor’s file of underlying data and reports” represented, the Appellate Court stated I was provided all of the information. Apparently, the Appellate Court did not review the transcripts from the May 27, 2009 hearing. When I questioned Dr. Connor on the stand about why he did not give me a copy of my responses to the questionnaires I filled out for the evaluation, Dr. Connor responded, “I don’t know. That should have been included and I will see to it that you get that, if you like.” From a legal standpoint, I hope that the Indiana Appellate Court understands that the only way that they could be sure that I was provided with all of “the items specified by statute” is if I was provided with a copy of Dr. Connor’s entire case file or if a Judge reviewed the case file and determined what information that I was required to have under IC 31-17-2-12(c). Since I did not get a copy of Dr. Connor’s case file; and no judge reviewed the contents of Dr. Connor’s case file; and Dr. Connor admitted in testimony that he did not provide me with some information; the Indiana Appellate Court just conjured up a story in an effort to deny my appeal.

Why would the Indiana Appellate Court lie just to hurt me? It appears that they don’t take kindly to people exercising their rights to freedom of speech and exposing unethical and/or illegal conduct of the Indiana Court System. I am not a lawyer and I represented myself at the trial court level. When the trial court failed to protect my rights to due process and to a fair trial, I created a website and a blog page to share my experiences. The Indiana Appellate Court demonstrated their disapproval of my internet material in their decision by lying about the court record in an effort to “build” a case against me.

Near the end of the appellate decision, the Indiana Appellate Court wrote, “During the pendency of the proceedings, Daniel posted information concerning the dissolution on his website and blog, in response to which [Wife] sought a protective order and a temporary restraining order on more than one occasion.” During the course of a trial, all motions, orders, and everything else that is filed with the court is logged into the Chronological Case Summary or CCS. The CCS from my case demonstrates that my ex-wife only filed ONE motion for a protective order/restraining order that requested the Court to force me to take down my internet material. The motion was filed on April 16, 2009 and there was a hearing on the motion on April 29, 2009. On May 14, 2009, Judge James D. Humphrey denied her motion because she failed to demonstrate how my writings were dangerous, harassing, and/or harmful to her or my children. Not only did the Appellate Court condemn me for something that the trial court already ruled did not harm my children or their mother, the Appellate Court fabricated a story that my ex-wife sought protective/restraining orders on more than one occasion, to strengthen their argument against me.

The Appellate Courts condemnation of my internet content that criticized the trial court came just three weeks after their June 29, 2010 decision, where the Indiana Appellate Court overturned a trial court ruling that prohibited a mother from exercising her First Amendment Rights in challenging the trial court. After the mother’s story about her court proceedings was published in the Indianapolis Recorder, the trial court issued a restraining order prohibiting her from speaking about the court hearings. In T.N. vs. B.D., the Indiana Appellate Court wrote:

“Freedom of speech is a fundamental right. De Jonge v. Oregon, 299 U.S. 353, 364 (1937). And the right to challenge the government, inherent in freedom of speech, is at the foundation of our Constitution. Thus, we decline to say that Mother’s right to freedom of speech must yield absolutely to all facets of what the juvenile court broadly described as “a confidential matter.”

So not only did the Indiana Appellate Court make up the story about my ex-wife having to file for multiple restraining/protective orders because of my web material that criticized the trial court, the Appellate Court condemned me for publicly challenging the government just three weeks after the Appellate Court wrote, “The right to challenge the government, inherent in freedom of speech, is at the foundation of our Constitution.”

So I guess the fight goes on. I’m researching options and talking to my lawyer because this is a matter that cannot be ignored. The Indiana Appellate Court is taking away my rights and the rights of my children because I exercised my fundamental right to freedom of speech, which is at the foundation of our Constitution. I can see why the Appellate Court doesn’t want me to talk about this, because people will know that the Court is vindictive and doesn’t tell the truth. Now they will probably punish me and my children even more for exercising my right to free speech. If the Indiana Appellate Court issues anymore rulings on my case containing information which is not in the official record and are not based on law, I will subpoena the IP information of the people in Indiana who have been frequenting my websites lately. I will be able to determine if anyone associated with the Indiana Appellate Court was doing their own research on a pending appellate case. It has been documented that an Indiana Supreme Court IP address has been frequenting my website. If you are a judge and you are reading this; there is a record of it. Subpoenaing Indiana IP addresses that have visited my websites can lead right to someone’s computer, Blackberry, netbook, IPad, etc... If we cower to corruption, what lesson does that teach our children? “The penalty good men pay for indifference to public affairs is to be ruled by evil men.” –Plato. I love you girls. Daddy is still fighting for you.

On a side note, page 14 of the Appellate decision states that my conduct during the trial court hearings made it necessary for a Sheriff's Deputy to be present in Judge Humphrey's courtroom for all three days of of the final hearing. Judge Humphrey lied about that in his brief as there was no special security in Humphrey's courtroom during the final hearing on May 27, June 2, and June 3 of 2009; just the normal bailiff. I am currently trying to obtain police and court records to prove that Judge Humphrey lied in his efforts to further deny my children of their father.

Letter to Dearborn County Officials; Re: Prosecutor Negangard illegally obtaining health records

Here is a copy of the letter I sent to Dearborn County officials. The Dearborn County Special Crimes Unit illegally obtained information from my confidential health records.

Dearborn County Officials

As you have been made aware by Dearborn County Prosecutor Aaron Negangard, I am under investigation by the Dearborn County Sheriff’s Department and/or the Dearborn County Special Crimes Unit. The purpose of this letter is to give Dearborn County Officials a better perspective of the entire situation.

On October 8, 2009, Special Crimes Unit Detective Mike Kreinhop left me a voice message indicating that someone made a complaint about my writings and he wanted to speak with me. On November 2, 2009, after being advised by my attorney that I would not be participating in any investigation without being told who filed the complaint or what the complaint was about, Detective Kreinhop drove to Norwood, Ohio to speak to me. During the course of speaking with Detective Kreinhop, he stated that he interviewed Dr. Edward J. Connor during the course of his investigation. Dr. Connor is a Kentucky psychologist who was appointed by the Court to perform a custody evaluation during the course of my divorce. As Dr. Connor gave evidence and testimony to the court, during the course of my divorce, that evaluation records are protected under HIPAA, state, and federal laws, Detective Kreinhop would have needed my permission to speak with Dr. Connor or an order to release the information from a court of law. IC 16-39-3 sets forth the Indiana regulations regarding the “Release of Mental Health Records in Investigations and Legal Proceedings.” IC 16-39-3-3 states:

Petition for release of patient's records
Sec. 3. A person:
(1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(10); or
(2) who has filed or is a party to a legal proceeding and who seeks access to a patient's mental health record without the patient's written consent;
may file a petition in a circuit or superior court requesting a release of the patient's mental health record.

IC 16-39-3-4 states:

Notice of hearing
Sec. 4. Except as provided in section 8 of this chapter, notice of a hearing to be conducted under this chapter shall be served at least fifteen (15) days in advance on the following:
(1) The patient.
(2) The guardian, guardian ad litem or court appointed special advocate appointed for a minor, parent, or custodian of a patient who is incompetent.
(3) The provider that maintains the record or the attorney general if the provider is a state institution.

During the course of Dr. Connor’s evaluation, I underwent psychological testing, I participated in interviews, I discussed confidential medical information, talked about my children, etc… Any and all of my correspondence with Dr. Connor is protected by Health care provider/client confidentiality laws. I never received a notice of a hearing to release my records from Dr. Connor’s office nor did I receive a copy of a subpoena or an order allowing Dr. Connor to share any information about me with Dearborn County Law Enforcement. Despite the fact that I did not give my written consent nor was there a court order compelling the release of my confidential records from Dr. Connor’s office, Detective Kreinhop, under the supervision of Dearborn County Prosecutor Aaron Negangard, disregarded my rights to privacy and interviewed Dr. Edward J. Connor.

As Mr. Negangard was quick to attack me the last time that I publicized his misconduct, I want to be sure to clarify under what grounds that Dr. Connor would be allowed to release any information about me without a court order. IC 16-39-2-6 sets forth the regulations pertaining to the release of records without a patient’s consent:

Disclosure without patient's consent; interpretation of records; immunities
Sec. 6. (a) Without the consent of the patient, the patient's mental health record may only be disclosed as follows:
(7) To a law enforcement agency if any of the following conditions are met:
(A) A patient escapes from a facility to which the patient is committed under IC 12-26.
(B) The superintendent of the facility determines that failure to provide the information may result in bodily harm to the patient or another individual.
(C) A patient commits or threatens to commit a crime on facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or agency for any reason and:
(i) the information to be released is limited to medications currently prescribed for the patient or to the patient's history of adverse medication reactions; and
(ii) the provider determines that the release of the medication information will assist in protecting the health, safety, or welfare of the patient.

As I have never been committed to a mental health facility nor was I in custody of Dearborn County law enforcement officials, Dr. Edward J. Connor aided Detective Kreinhop in illegally obtaining my confidential health records. A question that needs to be asked is “Why did Dearborn County Prosecutor Aaron Negangard send Detective Kreinhop to illegally obtain confidential health records?

It should be questioned who filed a complaint about my writings that necessitated the illegal gathering of my confidential health records. The fact that Aaron Negangard may have felt that I presented a “threat to anyone” does not give him the power or authority to obtain my health records without my permission or my rights to due process. As neither I nor the mother of my children lived in Dearborn County when the alleged investigation began, it could not have been my ex-wife who filed the complaint. The only other people who could have filed a complaint against me that would possibly compel Aaron Negangard to illegally obtain my health record from Dr. Connor’s office would be Dr. Edward J. Connor and Judge James D. Humphrey.

This is where things get very ugly in Dearborn County. If Judge James D. Humphrey filed the complaint against me and failed to recuse himself from my case for over eight months, he very well could face severe disciplinary action from the Indiana Supreme Court and could be disbarred. As Detective Kreinhop stated that he felt Dr. Connor retaliated against me for questioning Dr. Connor’s conduct, Prosecutor Negangard is aware that, if Dr. Connor made the complaint against me, the complaint may be another attempt at retaliation.

I truly believe that this investigation is nothing more than a shakedown because I publicized the unethical and illegal actions of Judge James D. Humphrey and Dr. Edward J. Connor. Aaron Negangard authorized Detective Kreinhop to illegally gather my confidential health information and recently accused me of trying to undermine the Dearborn County Criminal Justice System. My civil rights have been tromped on in Dearborn County. I lost the ability to see my children because Judge Humphrey felt that protecting Dr. Connor was more important than my children having a father. After illegally obtaining my confidential health information and sending Detective Kreinhop to Norwood, Ohio to speak to me, Aaron Negangard resorted to publicly attacking me because he could not arrest me because I do not break the law. All of the officials copied to Aaron Negangard’s July 12, 2010 email may be subpoenaed in future actions regarding the situation and may be held personally liable for damages resulting from the actions of Prosecutor Negangard and Dearborn County.

I am a father who had his two beautiful daughters stripped from him and I have had my civil rights crushed in Dearborn County. I may never know why the Dearborn County Court System is infatuated with appointing Dr. Edward J. Connor as a professional witness so they can punish people who question Dr. Connor’s unethical and illegal activity. Aaron Negangard will not be able to give a rational excuse as to why the Special Crimes Unit illegally obtained my confidential health records and he won’t be able to logically explain his reasoning behind his accusations of me trying “to get [Mr. Negangard] not to do [his] job of prosecuting those who violate the law.” It appears that the people in the system who are responsible for holding people accountable for their actions are the ones who are grasping at excuses to justify their own bad behavior. I do not know when Aaron Negangard will stop playing the role of a defenseless victim who is being bullied by me and take responsibility for his misconduct. I do know that I haven’t seen my daughters for nearly a year because of the corruption in the Dearborn government and I can guarantee you that I will not stop my very public quest until my questions are answered.

If you have any question, please do not hesitate to contact me. For more information, go to www.danhelpskids.com. Go to www.danbrewington.com to see a copy of this letter.

Very truly yours,

Dan Brewington

The Dearborn County Special Crimes Unit illegally obtains health information during investigations

The following is an amendment to my public records request. Apparently, Dearborn Prosecutor Aaron Negangard failed to get my written consent or a court order before he sent Detective Mike Kreinhop to gather confidential information from Dr. Edward J. Connor during the course of investigating my writings. No civil right is immune from being violated when Dearborn County Prosecutor Aaron Negangard is involved.

July 19, 2010

To: Dearborn County Prosecutor Aaron Negangard; Dearborn County Sheriff David Lusby

Re: Amendment to July 19, 2010 records request

Pursuant to the State and Federal laws governing access to medical records, I would like to inspect and/or copy any of my medical information that was legally and/or illegally gathered by the Dearborn County Special Crimes Unit/Dearborn County Law Enforcement:

On November 2, 2009 in Norwood, Ohio, Dearborn County Special Crimes Unit Detective Mike Kreinhop informed my mother and me that he interviewed Dr. Edward J. Connor Psy D during the course of his investigation of my writings. Dr. Edward J. Connor is a psychologist located in Erlanger, Kentucky who evaluated me for my divorce hearings. As my records (writings, testing, analysis, session notes, correspondence, etc…) with Dr. Connor and his office are considered confidential medical records and are protected under federal law, it is illegal for Dr. Connor to release any information to Dearborn County Law Enforcement Officials without my written consent or a court order. Under Indiana law, it would have been illegal for Detective Mike Kreinhop and or any other law enforcement official to obtain my confidential medical information without my consent or a hearing under IC 16-39-3-3. Any of my medical information/records (written or verbal) obtained by Dearborn County Law Enforcement from Dr. Connor’s office were gathered illegally and are not admissible evidence in seeking indictments and/or in court hearings.

Please provide me with a copy of any subpoenas, summons, court orders, etc… that were served on Dr. Edward J. Connor that compelled Dr. Connor to talk about and/or release my confidential medical information. Please provide me with any/all information gathered from Dr. Connor and/or his office pertaining to me as it is my medical record and I am entitled to the medical information under federal, state, and/or HIPAA laws. As I did not give written authorization to permit Dr. Connor to release my medical information to Dearborn County Law Enforcement Officials, if Dr. Connor released my medical information without an order from a judge, I would expect Dearborn County Law Enforcement to contact the appropriate agencies to report Dr. Connor’s actions. As Dr. Connor became licensed to practice psychology by the state of Indiana on July 8, 2008, Dr. Connor would be in violation of Indiana Law if he released any of my information that he gathered during the course of interviews, testing, correspondence, etc… to Detective Kreinhop. If Dr. Connor released my medical information without my consent and without a court order, please provide me with any and all information that was illegally gathered from Dr. Connor and/or his office as I have a right to preserve and protect my medical records.

Please let me know when the information regarding my confidential medical records will be made available for inspection and copying. If you have any questions regarding the above records request or evidence that Dr. Connor conspired to assist Dearborn County Law Enforcement in illegally obtaining my confidential medical information, please do not hesitate to contact me. For more information regarding Dr. Connor’s[1] history of unethical and illegal conduct, please visit www.danhelpskids.com.

Very truly yours,


Daniel Brewington

cc: Dearborn County Commissioners; Dearborn County Attorney Jack Gay

---

[1] Dr. Edward J Connor Psy D is currently serving as a Court appointed expert in the murder trial of Andrew Conley. Aaron Negangard is seeking life without parole for Conley because the death penalty was not an option. The fact that Prosecutor Negangard is aware that Dr. Connor conspired to assist Dearborn County Law Enforcement in illegally obtaining my confidential medical records has the ability to jeopardize the State’s case against Andrew Conley and any other criminal trial involving Dr. Edward J. Connor.

For some reason, the Dearborn County Surveyor is involved in my case.

You heard that correctly. Dearborn County Surveyor Dennis Kraus sent a message to other Dearborn County officials, complaining about the attention that is being given to the circumstances revolving around Dearborn County's perpetual investigation of my writings. I sent Mr. Kraus an email addressing his concerns. It's insulting that Mr. Kraus suggests that the "common" citizen is not smart enough nor qualified to question government officials. Here is a copy of my email to Dearborn County Surveyor Dennis Kraus that includes a copy of his message to his "fellow elected officials." Mr. Kraus claims that most people aren't qualified to understand or question the actions of the government. I hope Mr. Kraus isn't going to mind being subpoenaed in a future legal hearing to determine why Dearborn County Law Enforcement felt the need to consult with the county surveyor about the confidential investigation of my internet writings.

Dear Mr. Kraus,

RE: Response to your message to “Fellow Elected Officials” (below):

Fellow Elected Officials,

While I was not copied on the attachments, I believe we should leave it up to the sheriff, prosecutor, and the judge who will decide the matter when and if it goes to court. Anything involving Federal Funding will be determined by the Federal Government, not County Officials outside of the department seeking said funding. All that these accusations from people do is distract us from our business that we are constitutionally bound to do. I am tired of all the bulls**t accusations people make and expect any and all county officials to get involved. I am a County Surveyor and this is none of my business. Beside that, (and I am not trying to insult anyone) most of us do not have the education or training to make a determination on whether or not a law has been broken that will affect Federal Funding.

Dennis A. Kraus Jr.
Dearborn County Surveyor

I would like to apologize for not copying you to the email regarding my concerns about Aaron Negangard’s conduct and how it has the potential to jeopardize future federal funding and I wanted to take an opportunity to further explain the logic behind my statements.

You are correct in stating that federal funding is determined by the federal government, but by no means are federal grants guaranteed. Federal grants are available through a form of application process and are subject to stipulations and limitations. If the appropriate federal agencies that are responsible for appropriating federal grant monies become aware that the grant money may have been used in an unethical or illegal manner, it would certainly jeopardize the ability to renew/receive such grants.

You claim that “most of us do not have the education or training to make a determination on whether or not a law has been broken that will affect federal funding.” If formal education and training were a prerequisite for questioning the conduct and decisions of government officials, then most of us would not be “qualified” to raise questions about universal health care, taxes, federal court decisions, etc… because the majority of us are not doctors, accountants, or lawyers. It appears that your contention is that the general public is not smart enough to comprehend many matters that come before government officials and that the general population lacks the experience and/or education necessary to voice their opinions; which is very offensive to the blue collar workers of the United States as it suggests that the hard working, “below upper class” workers in the United States are some kind of second rate citizens.

As you claim that you are the County Surveyor and none of this is your business, I have to question why you are writing about the situation. As you are the County Surveyor who was not copied to my original email, it should be questioned why someone felt that it was necessary to contact the County Surveyor about the situation. It also should be questioned why the County Surveyor is offering a public statement on a criminal investigation that has nothing to do with the surveyor’s office. I find it very troubling how you claim that the abilities of Dearborn County officials, to properly perform their “constitutionally bound” duties in serving the people of Dearborn County, is somehow hindered by people exercising their constitutionally protected First Amendment Rights to free speech; which was established long before Dearborn County even existed.

I am truly sorry that you are “tired of all the bulls**t accusations people make and expect any and all county officials to get involved.” I find your statement to be both insensitive and condescending. When the public’s safety is compromised, they have the ability to go to local law enforcement and/or the local prosecutor. When the conduct of the prosecutor and law enforcement are in question, it is unclear whom the public has to turn to. I’m sorry that you think that it is “bulls**t” that I told several Dearborn County officials that Prosecutor Negangard did not tell the truth in his denial of my public records request. Mr. Negangard stated, “Pursuant to Indiana Law, Investigatory records are confidential and are not to be disclosed.” Though I do not have the legal education and experience that you personally would require someone to have in order to question a county prosecutor, I do have the ability to read and Indiana Law states that all Investigatory records are subject to release at the discretion of the public agency (provided that they do not contain medical information, trade secrets, educational information, etc… in which case the specific information can be redacted or omitted.) If your comment “bulls**t accusations” refers to my statements regarding the ex parte communication between Judge James D. Humphrey and Aaron Negangard, or someone else in the prosecutor’s office and/or sheriff’s department, I can assure that they are neither “bulls**t” nor “accusations” as Mr. Negangard confirmed that someone shared some of the “confidential” information from the Investigatory record with Judge Humphrey in an ex parte fashion. This conduct disqualifies Judge Humphrey and Aaron Negangard from playing any role in charging and/or prosecuting me.

The question still remains; why are you commenting about a situation that you claim is none of your business while admitting that you do not have the education or training necessary to understand the situation? From a legal perspective, you have no basis for calling the accusations “bulls**t” because it would be impossible for you to have any information refuting the accusations; unless of course Mr. Negangard has leaked information from the Investigatory record to you or someone else. Considering that Mr. Negangard claimed that Indiana Law prohibited the release of Investigatory records because the records are confidential, one may consider it to be “bulls**t” that someone in the prosecutor’s office and/or the sheriff’s department allowed information from the “confidential” Investigatory record to spread all of the way to the office of the Dearborn County Surveyor.

Please feel free to hold county officials like Aaron Negangard responsible for their unethical actions. If you need any further information regarding this matter, please do not hesitate to contact me. Thank you for your time.

Very truly yours,

Dan Brewington

513-383-3136

dan@danhelpskids.com

www.danhelpskids.com

Amended Complaint against Dearborn County Prosecutor Aaron Negangard

The following is a copy of the amended complaint against Dearborn Prosecutor Aaron Negangard that I filed with the Indiana Supreme Court Disciplinary Commission. I filed the complaint after Mr. Negangard knowingly provided me with false information pertaining to the laws governing the release of public records and then attacked and threatened me after I questioned why he gave me misleading information.

July 16, 2010

Indiana Supreme Court Disciplinary Commission

30 South Meridian Street, Suite 850

Indianapolis, IN 46204-3520

Phone (317) 232-1807

Re: Amended Complaint against Indiana Attorney Aaron Negangard

Dear Members of the Commission:

I filed a complaint with the Commission against Dearborn County Prosecutor Aaron Negangard on June 16, 2010. The complaint dealt with Mr. Negangard ordering the Dearborn County Special Crimes Unit to conduct an investigation of my written (internet) material where I publicly criticized the actions of a few professionals associated with the Southeastern Indiana Court System. Since the filing of the complaint, I believe that Mr. Negangard has conducted himself in an unethical and/or illegal manner.

On July 6, 2010, I sent a public records request (copy attached hereto) to Dearborn County Prosecutor Aaron Negangard and Dearborn County Sheriff David Lusby, requesting the information pertaining to the investigation of my writings, which began around October of 2009. At the time of my July 6^th request, I did not know if the investigation was still pending. In a letter dated July 7, 2010 (copy attached hereto), Mr. Negangard denied my request for the records. Mr. Negangard’s letter stated:

Dear Mr. Brewington,

Regarding your request for public records dated July 6, 2010, it is clearly requesting investigatory records. Pursuant to Indiana Law, Investigatory records are confidential and are not to be disclosed.

I have enclosed a copy of the statue [sic] for your review.

Mr. Negangard highlighted a portion of the Indiana Code on page two of his attachment. The highlighted section reads:

[IC 5-14-3-4(b)(1)] Investigatory records of law enforcement agencies. However, certain law enforcement records must be made available for inspection and copying as provided in section 5 [IC 5-14-3-5] of this chapter.

I found Mr. Negangard’s denial to be rather disturbing because he stated, “Pursuant to Indiana Law, Investigatory records are confidential and are not to be disclosed”, however just above the section that Mr. Negangard highlighted, the Indiana Code reads:

[IC 5-14-3-4(b)] Except as otherwise provided by subsection (a), the following records shall be excepted from section 3 of this chapter at the discretion of a public agency

After reading section (b) of IC 5-14-3-4, I was concerned about Mr. Negangard’s statement because it did not appear that Indiana Law prohibited the release of Investigatory records. When I researched the matter, I came across The Indianapolis Star vs. The Trustees of Indiana University, May 2, 2003, which states:

“Section 4 [of IC 5-14-3] in turn sets forth several exceptions to the disclosure requirements of section 3. Ind. Code §5-14-3-4 (Burns Code Ed. Supp. 2002). Section 4(a) sets forth mandatory exceptions to public access, and section 4(b) sets forth exceptions which may be invoked at the discretion of the public agency.”

When I discovered that Indiana Law actually states that all Investigatory records are subjected to release at the discretion of the public agency, provided that the records do not fall under section 4(a), I addressed the issue in a letter dated July 12, 2010 that I copied to Mr. Negangard. Given the suspicious nature of the “investigation” of my public writings that criticized county officials and Mr. Negangard’s less than honest reasoning for the denial of my public record request, at 10:43:36 AM, I emailed copies of the letter to other county officials to make them aware of the situation. I wanted to alert county officials about the conduct of Mr. Negangard because if Mr. Negangard used the resources of the Dearborn County Special Crimes Unit in the course of unethical and/or illegal behavior, Dearborn County could be in jeopardy of losing state and federal grants relating to law enforcement. At 4:46 PM on July 12, 2010, Mr. Negangard sent the following email to fifteen (15) county officials [copy of Mr. Negangard’s email attached hereto]. Mr. Negangard also copied me to his threatening email. Mr. Negangard’s email states:

To all county officials:

Please be advised that Dan Brewington is currently under investigation by the Dearborn County Sheriff's department. Once he was advised of this by Judge James Humphrey who had to recuse himself from his case only recently he has attacked me or my office. I take this an effort to get me not to do my job of prosecuting those who violate the law. I assure you his efforts will not succeed. If he has violated the law then I will make every effort to prosecute him. However I will point out that this matter is still under investigation and until such time he is convicted he is presumed innocent. He is also incorrect regarding his request. He clearly asked for records pertaining to his investigation that are not to be disclosed under Indiana law. If any of you need any further information regarding this matter. Please do hesitate to contact me. [sic]
Aaron

Sent from my Verizon Wireless BlackBerry

Before Mr. Negangard’s July 12^th email, I was not aware that there was still a pending investigation of me. I question why Mr. Negangard felt that it was necessary to tell (15) county officials that I am under investigation by the Dearborn County Sheriff’s Department[1]. I find it very troubling that Mr. Negangard shared the details of an ongoing investigation with Judge James D. Humphrey when he claimed that the release of Investigatory records was prohibited by Indiana Law. Rather than address the fact that he provided me with inaccurate information about the laws governing the release of public records, Mr. Negangard claimed that my letter questioning his interpretation of laws “was an effort to get [Mr. Negangard] not to do [his] job of prosecuting those who violate the law.” Not only did Mr. Negangard accuse me of trying to undermine his ability to prosecute criminals in Dearborn County, Mr. Negangard vowed to “make every effort to prosecute” me if I broke the law. It appears that Mr. Negangard and/or the Dearborn County Sheriff’s Department are conducting a perpetual investigation of my web writings in the hope that they will be able to “catch” me doing something illegal so that Mr. Negangard can “make every effort to prosecute” me.

I feel that Dearborn County Prosecutor Aaron Negangard continues to persecute me because he cannot prosecute me. I have been very outspoken about my concerns about the Dearborn County Court System and I feel I have been harassed for doing so. Mr. Negangard has waged a smear campaign against me because I questioned his judgment and has threatened me with criminal prosecution if I step out of line. Mr. Negangard has yet to explain why he told me that Indiana Law prohibits the release of Investigatory records when it clearly does not. As Mr. Negangard has admitted to speaking to at least one Dearborn County judge about the situation, I fear that I may not have a fair opportunity to request a court to compel Mr. Negangard to release the records because Mr. Negangard could have spoken to other judges about the matter as well. It is frightening to imagine the civil rights atrocities that may have been committed in Dearborn County if Prosecutor Negangard regularly engages in ex parte communications with judges about ongoing investigations before charges are filed and before matters are sent to court. A person convicted of a crime would have no way of knowing if Mr. Negangard discussed their case with a judge before there were even any charges filed. If I do file an action in a trial court, I fear I may be further attacked or retaliated against by Mr. Negangard. Mr. Negangard’s threatening email suggests that the ongoing investigation of me will only end “if” I do something wrong.

I welcome the Commission to check my criminal record as I have no history of criminal or menacing behavior. I feel I have been victimized by Mr. Negangard for exercising my First Amendment Rights to free speech. If I presented a real danger to Dearborn County citizens, why hasn’t Mr. Negangard brought charges against me during the course of the nine month investigation? Why is Aaron Negangard telling the public that I am innocent until I am convicted when he has yet to file any charges and he refuses to tell, at least me, what I may be convicted of? I am afraid that Mr. Negangard may be retaliating against me for filing the complaint and for pointing out to county officials that he was less that truthful in his denial of my public record request.

I would like to thank the Commission for their attention to this matter.

Respectfully,

Daniel P. Brewington

dan@danhelpskids.com

www.danhelpskids.com

cc:

Mr. F. Aaron Negangard

Dearborn County Attorney, Jack Gay

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[1] I am unaware of when Prosecutor Negangard transferred the investigation from the Dearborn County Special Crimes Unit to the Dearborn County Sheriff’s Department.

Response to Dearborn County Prosecutor Aaron Negangard's Unethical Attack of Dan Brewington

This is a copy of my response to Dearborn County Prosecutor Aaron Negangard's recent attack on me because I questioned his interpretation of the Indiana laws governing the release of public records.

Dearborn County Prosecutor

Aaron Negangard

Courthouse Offices

215 W. High St.

Lawrenceburg, Indiana 47025

Dearborn County Attorney

Jack Gay
755 N. State Street
P. O. Box 552
North Vernon, IN 47265

July 14, 2010

Re: Unethical Conduct of Dearborn County Prosecutor Aaron Negangard

Dear Public Officials:

On July 12, 2010, I sent a letter via fax, email, and U.S. mail, to different government officials concerning my public record request, which was denied by Dearborn County (IN) Prosecutor Aaron Negangard. In a letter dated July 6, 2010, I requested copies of the records pertaining to the Dearborn County Special Crimes Unit investigation of my internet writings, which began in October of 2009[1]. On or about June 9, 2010[2], my family court lawyer informed me that Judge James D. Humphrey recused himself from my custody case, claiming that there was an investigation pertaining to Judge Humphrey and me. As Judge Humphrey refused to release any details of the alleged investigation and made no mention of the alleged investigation in his order of recusal, I filed my request to determine if there was truly an investigation as it would be vital evidence in a future custody hearing. Mr. Negangard denied my request claiming that Indiana law prohibited the release of Investigatory records. My response dated July 12, 2010, challenged Mr. Negangard’s statements as Indiana Code and Indiana case law has established that all Investigatory records are subject to release at the discretion of the appropriate agency provided that they are not excepted under IC 5-14-3-4(a)[3]. Taking into consideration the suspect nature of the accumulative circumstances, I contacted other county officials to inform them that if Mr. Negangard conducted himself in an unethical and/or illegal manner as the head of the Dearborn County Special Crimes Unit, the county may be in jeopardy of losing state and/or federal grants that fund the Unit. At approximately 10:43:36 AM, I emailed my July 12, 2010 response to Mr. Negangard’s denial to several Dearborn/Ohio County officials. At approximately 4:46 PM that same day, Mr. Negangard sent the following email to the same officials and copied me to the email as well (copy of email attached hereto):

To all county officials:
Please be advised that Dan Brewington is currently under investigation by the Dearborn County Sheriff's department. Once he was advised of this by Judge James Humphrey who had to recuse himself from his case only recently he has attacked me or my office. I take this an effort to get me not to do my job of prosecuting those who violate the law. I assure you his efforts will not succeed. If he has violated the law then I will make every effort to prosecute him. However I will point out that this matter is still under investigation and until such time he is convicted he is presumed innocent. He is also incorrect regarding his request. He clearly asked for records pertaining to his investigation that are not to be disclosed under Indiana law. If any of you need any further information regarding this matter. Please do hesitate to contact me.
Aaron

Sent from my Verizon Wireless BlackBerry

There are many disturbing aspects about Mr. Negangard’s email. The most obvious is the fact that he sent the email from his Verizon Wireless Blackberry which suggests that he may have been too emotionally impatient to wait to get to a computer. Emotion seems to be a driving force in writing this email as Mr. Negangard felt that it was necessary to not only offer a quick response, but to attack me for questioning his interpretation of laws pertaining to the release of public records. Mr. Negangard is correct in stating that I may not be entitled to records relating to pending investigations. I incorrectly assumed that Mr. Negangard’s “secret” investigation of my internet writings would not take over nine months to decide if a crime had been committed. Mr. Negangard’s emotionally charged email attacking me raises several concerns.

1. How could an investigation of a person’s writings span nine months or longer? At the time of the “alleged” investigation, I probably had 30,000 to 40,000 written words on the internet. I informed Detective Kreinhop at the time that all of the written material was on the internet. I instructed Detective Kreinhop to tell Prosecutor Negangard to file charges if he felt that my writings violated any criminal statutes. No charges were ever filed. It wasn’t until Mr. Negangard’s July 12, 2010 email that I had written confirmation that the investigation was still pending.

2. What is the relevance of mentioning Judge James D. Humphrey in Aaron Negangard’s July 12^th email? The fact that Judge Humphrey recused himself from my case raises some very serious issues. A large part of my internet material involves Judge Humphrey and his actions in terminating my parenting time with my three and five year old children. Despite the fact that I cared for the children nearly half of the time during the course of their lives without any allegations of abuse or neglect, Judge Humphrey ripped the children from their father because I publicized the conduct of Judge Humphrey’s expert, Dr. Edward J Connor[4]. In his August 18, 2009 orders, Judge Humphrey wrote, “The Court is most concerned about husband’s irrational behavior and attacks on Dr. Connor.” When Dr. Connor and the Court refused to provide me access to Dr. Connor’s case file from Dr. Connor’s custody evaluation in accordance with Dr. Connor’s contract and IC 31-17-2-12, I began writing about the situation. As my actions were neither criminal nor in violation of any court order, Judge Humphrey terminated my ability to see my three and five year old children in an apparent retaliation for speaking out about Dr. Connor’s unethical conduct. When I continued to speak publically about the situation following Judge Humphrey’s orders, I became the subject of a secret investigation by Aaron Negangard and the Dearborn County Special Crimes Unit.

3. Why and how does Judge Humphrey know about the details of the investigation of me when Mr. Negangard claims that I am not privy to the information? Mr. Negangard stated in his email that Judge Humphrey had to recuse himself from my case. How did Judge Humphrey come to the conclusion that presiding over my case conflicted with the investigation of my writings? Did Negangard tell Judge Humphrey? Why is Judge Humphrey entitled to the information while Mr. Negangard claims that there are laws that prohibit him from releasing the information to me? If Negangard claims that it was necessary to interview Humphrey for the investigation, what event prompted the sudden necessity to interview Humphrey approximately nine months after the alleged investigation began? I find it hard to believe that Negangard waited nine months to interview Humphrey when Humphrey had been one of the main topics of my writings. The most pressing issue is the fact that Aaron Negangard apparently discusses the nature of ongoing investigations with, at least, one judge in Dearborn County. How can anyone be guaranteed that they will have a fair trial when Negangard has demonstrated that he shares information with judges regarding secret investigations even before any charges have been filed? It is frightening to even try to speculate about the civil rights atrocities that may have been committed in Dearborn County if this isn’t the first time that Aaron Negangard has had ex parte communications with a judge, regarding an ongoing “secret” investigation, BEFORE the filing of charges and the commencement of a trial.

4. “Once he was advised of this by Judge James Humphrey who had to recuse himself from his case only recently he has attacked me or my office.” –Prosecutor Negangard. In an attempt to decipher Mr. Negangard’s message, which was sent from his Blackberry, I assume Mr. Negangard is suggesting that I took some form of retaliatory measures against Mr. Negangard and/or his office only after Judge Humphrey’s recusal on June 9, 2010. As an elected official, Negangard is well aware of the everyday public scrutiny that comes with the job. As a lawyer, he knows the term “attack” is used in the course of everyday courtroom procedure[5]. Mr. Negangard “attacks” the credibility of witnesses and suspects during the course of his everyday job of trying to prosecute people but somehow suggests that a non-attorney “attacking” his credibility outside the protections of the courts is somehow unfair. I began questioning the conduct of Mr. Negangard and the Special Crimes Unit in November 2009. I have written and posted thousands of words questioning why Aaron Negangard ordered an investigation of my written material, which is void of any criminal misconduct and is protected by the First Amendment. Mr. Negangard is well aware of the legal recourse that he, Dr. Connor, and Judge Humphrey have as they are free to take civil action against me for defamation, slander, libel, etc… if they feel I have unfairly judged them. Rather than take civil action against these alleged “attacks”, Mr. Negangard felt the need to inform the officials of Dearborn County that I am the subject of a perpetual investigation, while Negangard refuses to tell me who made the complaint or any details to the nature of the alleged investigation. I do know that as long as Negangard claims the investigation is still pending, he will not have to release the information in the Investigatory file.

5. “I take this an effort to get me not to do my job of prosecuting those who violate the law. I assure you his efforts will not succeed.” –Prosecutor Aaron Negangard. Need I remind people that Aaron Negangard is a lawyer and the Dearborn County Prosecutor who surely understands the concept of burden of proof in a court of law? Other than me testifying that my intentions in submitting a public records request and questioning Mr. Negangard’s interpretation of law were an attempt to subliminally disable the Prosecutor’s ability to protect the public, Mr. Negangard should have no reason to offer wild speculations as to my “true intentions” of trying obtain information regarding the nature of the ongoing investigation of my writings. Negangard is either delusional or he is trying to instill some sort of fear in the public that I have the ability to undermine the criminal justice system in Dearborn County. Mr. Negangard’s baseless speculation suggests that he is using his position and stature as Dearborn County Prosecutor to somehow diminish the issues that I raised about the secretive nature of the investigation of my writings that criticized Judge Humphrey and Dr. Edward J. Connor. Mr. Negangard’s letter is similar to an ex parte letter that Dr. Edward J. Connor sent to Ripley Circuit Court Judge Carl H. Taul in September 2008. After determining that Dr. Connor was less than truthful in his reasoning as to why he would not provide me with a copy of the case file from his child custody evaluation (go to www.danhelpskids.com for examples of Dr. Connor’s unethical conduct), I sent a letter to Dr. Connor stating, “The game is over Dr. Connor and the Court has ordered that the ‘delivery to counsel representing a party is the same as delivery to the party personally’ so your argument has no factual or legal basis.” Dr. Connor had claimed that he did not have to provide me with a copy of the case file because I was not represented by an attorney. In an apparent attempt of self preservation, Dr. Connor sent an ex parte letter to Judge Taul stating, “[Dan Brewington’s] statement in his letter dated 9/5/08 that ‘the game is over Dr. Connor' appears rather threatening and implies that I and/or the Court do not take this matter seriously, which is certainly not the case.” Judge Taul later recused himself due to the ex parte communications with Dr. Connor. Rather than accept responsibilities for his actions, Dr. Connor tried to portray me as a dangerous and irrational person by “manipulating” the truth. Like Dr. Connor, Aaron Negangard offers wild speculations in an attempt to harm my credibility and to “smokescreen” the obvious intentions of my requests.

6. Please be advised that Dan Brewington is currently under investigation by the Dearborn County Sheriff's department. –Prosecutor Aaron Negangard. It was my understanding the investigation of my internet writings was spearheaded by Prosecutor Aaron Negangard and the Dearborn County Special Crimes Unit. It is also my understanding that the two entities are somewhat separate when it comes to federal funding, public election laws, etc… Now it appears that David Lusby and the Dearborn County Sheriff’s Department is in charge of the investigation only further distributing the potential liabilities for damages in the case that Prosecutor Aaron Negangard and/or some of the people close to the investigation have participated in any form of unethical and/or illegal conduct. If Sheriff Lusby has always headed the investigation, then it calls into question why Detective Kreinhop told me that Aaron Negangard was in charge of the investigation.

7. If he has violated the law then I will make every effort to prosecute him. However I will point out that this matter is still under investigation and until such time he is convicted he is presumed innocent. –Prosecutor Aaron Negangard. Fortunately, Aaron Negangard was gracious enough to remind people that I am innocent until convicted. Unfortunately, he forgot that he is supposed to charge me with a crime before he can speculate about a conviction. Negangard's "McCarthy-istic" paranoia and approach to monitoring my internet writings is not going to turn up any criminal misconduct. If Negangard truly felt that I posed some kind of threat to Dearborn County, why hasn’t he sought any indictments for my “alleged” criminal behavior? If Negangard found that my writings did not violate any laws at the time of the alleged complaint, it would be unethical and/or possibly illegal to conduct an open ended investigation so he can “stalk” the internet in the hopes that he might catch me doing something illegal. It appears that Mr. Negangard has resorted to tactics similar to those of former U.S. Senator Joseph McCarthy; if all else fails, accuse your opponent of being a “Commie” and try to convince the public that your opponent presents a real danger to their safety. I obviously am not, nor have I ever been a member of the communist party, and I present no danger to the citizens of Dearborn County. More importantly, I am not an “opponent” of Mr. Negangard, but for some reason he continues to treat me like one. Many people who are close to me are very concerned about Mr. Negangard’s potential to abuse the law to cause me further harm. I recently filed a complaint against Mr. Negangard with the Indiana Supreme Court Disciplinary Commission and later submitted a request for the records pertaining to the investigation that Mr. Negangard initiated against me. When I challenged Prosecutor Negangard’s interpretation of the laws governing the release of public records, he lashed out and guaranteed that he “will make every effort to prosecute [me].” Rather than keeping his threats “in house” with Dearborn County officials, he copied me to the email as if it were some kind of a warning shot.

The thing that needs to be established here is that I have never been charged, arrested, or convicted of any violent, threatening, or menacing behavior. I have never been held in contempt of court. I have never been sued for slander, libel, defamation, etc… This alleged investigation isn’t about racketeering, money laundering, drug trafficking, etc… it’s just an attempt to harass someone for exercising their First Amendment Rights. The only thing I am guilty of is challenging a court system to protect my young daughters’ ability to grow up spending equal time with divorced parents. When I began to question the family court system, suddenly people in the “system” tried to portray me as being irrational or dangerous, just as Aaron Negangard has tried to do. If my writings are causing Aaron Negangard severe emotional and psychological trauma, chances are he probably did something wrong. There is no evidence of me being “potentially dangerous” to my children or their mother. It was Dr. Connor who first claimed that I may be “dangerous” when I presented to the Court and to the public that Dr. Connor did not tell the truth in matters involving children and the court system. During the course of a two and a half year divorce, no one accused me of being a bad father. I’ve had lawyers accuse me of intimidating them. Judge Humphrey claimed that I tried to intimidate him and his staff. An appellate lawyer argued that I was not an aggressive litigator but I was just using the system to drive up legal costs. I spent a year and a half trying to obtain evidence that I was entitled to. I requested a copy of Dr. Connor’s custody evaluation case file on March 6, 2008 and I still don’t have it. Dr. Connor’s contract said I was entitled to it. IC 31-17-2-12 says I am entitled to it. Dr. Connor claimed he wouldn’t give it to me because I was not a lawyer. Judge Taul stated that the order to release was for Dr. Connor “to release that which he is required to do under Kentucky law” when obviously there is no such order on record. Judge Taul recused himself for engaging in ex parte communications with Dr. Connor. Judge Humphrey was angered by the fact that I publicized Dr. Connor’s unethical conduct. During the final hearing of my divorce, no one mentioned terminating my parenting time with my children. Two and a half months after the final hearing, during which I cared for my children nearly half of the time as I had done throughout the course of a two and a half year divorce, Judge Humphrey terminated my parenting time with my three and five year old daughters. There are no words to describe the horrific nature of Judge Humphrey’s evil and vindictive decision. I’m sure that Judge Humphrey felt that I would resort to some kind of violent or threatening behavior like most parents probably would if they had their children stripped from them for no reason, just so he could rationalize his decision. Unfortunately for Judge Humphrey, I owed it to my daughters and myself to remain calm and steadfast in dealing with the situation. When I began to exercise my First Amendment Right to free speech, Aaron Negangard began investigating me. Now Negangard is claiming that I am irrational and he is attacking my credibility. I am the same person that Dr. Connor claimed to have difficulties communicating with because I had “severe ADHD” and Dr. Connor testified that he found my writings confusing and difficult to follow. Dr. Connor claimed that joint custody was not an option because of my communication deficiencies that were attributed to ADHD. Now, Aaron Negangard is accusing the ADHD kid, who Dr. Connor claimed to have difficulties with speaking and writing, of trying to undermine the entire Dearborn County Criminal Justice System by intertwining some sort of psychological warfare into my writings. The common denominator in the equation is that these officials continue to grow more enraged with the realization that I am a law abiding citizen that isn’t going to be baited into doing something illegal by disgruntled “professionals” associated with the court system. The irony of the situation is that it appears that these “professionals” continue to do things to try to bait me into resorting to illegal activity, yet they continue to become more enraged when I rise above their antics and publicize their actions. Then they claim that I am the dangerous one.

A person should not have to live life with the understanding that there is the potential that they can be unlawfully arrested for speaking out against the Dearborn County Prosecutor’s Office. Unfortunately, I cannot control the actions of less than scrupulous public officials but I can continue to warn people about the travesties that occur in Dearborn County. Mr. Negangard likes to portray me as a villain for “attacking” him and his office but Mr. Negangard has failed to mention that many of my writings include an open “invitation” to Mr. Negangard to file charges against me if he believes that I have done something wrong. Mr. Negangard has yet to file any charges but continues to “conduct” an open ended investigation in the hopes that I will do something wrong, because if he fails to charge me with anything, he’ll have to answer to the voters and other county officials as to why he continues to waste financial resources on investigating my internet writings. If he closes the investigation, he will probably have to give me access to the Investigatory file. Aaron Negangard knows that my ability to see my children is hindered by the fact that I am unable to demonstrate to the family court why I am being investigated. Aaron Negangard doesn’t care about my children. Neither do Dr. Connor, Judge Taul, and Judge Humphrey. It seems like these people believe that keeping my children fatherless is a small price to pay for keeping the lid on whatever they are trying to conceal from the public. I can guarantee that Mr. Negangard’s shallow threats of prosecution are not going to deter me from speaking publicly about the Dearborn County Court/Justice System.

I invite people to visit www.danhelpskids.com and www.danbrewington.blogspot.com to review letters and court documents that support my statements. Everything I do is well within the boundaries of the law. Unfortunately, Dearborn County Prosecutor Aaron Negangard actively condemns freedom of speech when it questions government accountability. Please do not hesitate to contact me with any questions or concerns. If any government official believes the above conduct to be a “color of law” violation, then I would expect them to contact the appropriate offices of the Office of the Indiana Attorney General and the Federal Bureau of Investigations. Thank you for your attention to this matter.

Very truly yours,



Daniel Brewington

cc: Sheriff David Lusby

Dearborn County Commissioners

Mike Kreinhop

Dearborn Circuit Court

Mayor Bill Cunningham

Sheriff Thomas Grills

The Dearborn County Register

State Senator Johnny Nugent

State Rep. Bob Bischoff

U.S. Senator Richard Lugar

Ryan Ray, Esq

IN Supreme Court Disciplinary Commission

Indiana ACLU

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[1] On October 8, 2009, Special Crimes Unit Detective Mike Kreinhop left me a voice mail stating “I was calling to see if I could meet with you sometime, uh, concerning um… a complaint that’s been made against you con… on some writings that you have um… made, and uh… I wanted to get your side of the story if you will.” After Detective Kreinhop refused to tell me who filed the complaint and the nature of the alleged investigation, I told Detective Kreinhop that the writings were self explanatory and I would not be meeting with him if he was not going to tell me why I was needed for questioning.

[2] Judge Humphrey recused himself less than a week before a custody hearing that would move me closer to being able to see my children. On August 18, 2009, Judge Humphrey terminated all of my parenting time with my three and five year old daughters despite there being no evidence of abuse, neglect, domestic violence, drug or alcohol addiction, etc… For more information on the actions of Judge James D. Humphrey go to www.danhelpskids.com.

[3] Examples of public records excepted under IC 5-14-3-4(a) are medical records; records containing trade secrets; social security numbers; a photograph, a video recording, or an audio recording of an autopsy, etc…

[4] Dr. Edward J. Connor Psy D, operates out of Erlanger, Kentucky and often serves as a court appointed expert in both civil and criminal trials. Dr. Connor is currently serving as the court appointed mental health evaluator in the Andrew Conley murder trial. Judge James D. Humphrey appointed Dr. Connor to evaluate the defendant and Aaron Negangard is the prosecutor in the trial.

[5] i.e.: Rule 607 of the Indiana Rules of Evidence state, “The credibility of a witness may be attacked by any party, including the party calling the witness.”