Dan's Letter to the Indiana ACLU

Daniel P. Brewington

Dearborn County Law Enforcement Center

301 West High Street

Lawrenceburg, IN 47025

Attention: Kenneth Falk

Legal Director ACLU

1031 East Washington

Indianapolis, Indiana 46202

April 26, 2011

Dear Mr. Kenneth Falk,

My name is Dan Brewington and my insurance agent, xxx xxxxx of xxxxx, Indiana, suggested that I contact you. It is my understanding that you and Mr. xxxxx were involved in a case involving special needs people. I am currently being held in the Dearborn County Law Enforcement Center on $500,000 surety and $100,000 cash bond. I am facing six charges, the worst of which is a class D felony; intimidating a judge by writing on the internet.

I was involved in a 2 ½ year divorce out of the Ripley Circuit Court. My ex-wife filed for divorce on January 8, 2007 and the final decree on dissolution was filed on August 18, 2009. (In an effort to keep the chain of events as brief as possible, I am just giving a brief synopsis of the problems that I encountered during the divorce proceedings.) The source of controversy surrounding my divorce proceedings came from the fact that Dr. Edward J. Connor PsyD. was not licensed to practice psychology in the State of Indiana. On February 21, 2008 Dr. Connor contacted Ripley Circuit Judge Carl Taul by letter stating the there were “numerous” errors and oversights” in Dr. Connor’s August 29, 2007 Child Custody Evaluation Report. As I was representing myself in my divorce, I requested a copy of the case file from Dr. Connor’s report per Dr. Connor’s contract and IC 31-17-2-12. Over the next several months, Dr. Connor and Judge Taul gave a variety of conflicting and false statements as to why I was/was not entitled to the case file. Judge Taul even claimed that there was a court order directing Dr. Connor to follow Kentucky law regarding the release of the file. “The order to the doctor was to release that which he is obligated to release under Kentucky law.” No such order, to follow Kentucky law in an Indiana court, exists on the record.

After the conflicting statements and ex parte communication between Judge Taul and Dr. Connor, I began to share my experiences on the internet. In September 2008, I created www.dadsfamilycourtexperience.com in an effort to reach out to other people who had troubles with the family court system. On December 5, 2008, Judge Taul recused himself due to the ongoing ex parte communication between himself and Dr. Connor. Shortly after, Dearborn Circuit Court Judge James D. Humphrey accepted the role as Special Judge for the Ripley Circuit Court. In February 2009, I created www.danbrewington.blogspot.com to help keep a growing number of readers updated on the situation. On April 29, 2009, Judge Humphrey held a hearing on my wife’s petition that requested the Court to force me to remove my internet content. Citing Gregory v. Manning, I successfully argued that my writings were neither harmful nor harassing to my daughters or their mother.

The three day final hearing on my divorce took place on May 27, June 2, and June 3, 2009. During the hearings, no one party made any mention of terminating my parenting time. There was no testimony or evidence that suggested that my three and five year old daughters had ever been injured, abused, or neglected while in my care. Even as a hostile witness, Dr. Connor’s report and testimony stated that I could continue to care for my daughters three days a week. Following the final hearing, I continued to care for my daughters every Wednesday, Friday, and every third Monday, and equal weekends, just as I had done during the course of the entire divorce. On August 18, 2009, without warning, Judge Humphrey terminated all of my parenting time.

“The Court is most concerned about Husband’s irrational behavior and attacks on Dr. Connor.” Judge James D. Humphrey terminated my parenting time with my three and five year old daughters because I spoke out about the court’s expert. Judge Humphrey also listed my ADHD as a reason that I “might” be a “potential” danger to my children. I continued to write about my situation and I soon became the subject of a national article “The War Against Fathers” by conservative columnist, Mike Adams on Townhall.com. People from around the country began calling the Dearborn Circuit Court Office to express their outrage with the situation. Shortly after, I was under investigation by the Dearborn County Special Crimes Unit. (SCU)

On October 8, 2009, I received a voice message from SCU Detective Mike Kreinhop, who is the current sheriff of Dearborn County. (Voicemail can be heard on youtube.com). Mr. Kreinhop stated that someone made a complaint about my writings and he wanted to get “my side” of the story. When I returned Kreinhop’s call, Kreinhop refused to give me any details as to the nature of the case unless I met with Kreinhop in Dearborn County. Due to the suspicious nature of the conversation, I had Cincinnati lawyer Robert G. Kelly try to contact Detective Kreinhop. Kreinhop failed to return Mr. Kelly’s calls for two weeks. When Kreinhop finally returned Mr. Kelly’s calls, Kreinhop refused to speak with Mr. Kelly about the investigation and refused to meet with Mr. Kelly in Dearborn County. After Mr. Kelly told Kreinhop that his client would not participate in an investigation in the absence of an explanation of who filed the complaint or what the complaint specifically pertained to, Detective Kreinhop ignored Mr. Kelly’s statements and showed up, unannounced at my home in Norwood, Ohio. Kreinhop failed to notify my lawyer or the Norwood Police Department. Kreinhop’s unannounced three hour visit on November 2, 2009 was the last that I heard about the SCU’s secret investigation until June 9, 2010.

On June 9, 2010, I received a phone call from my then divorce lawyer, Ryan P. Ray. Mr. Ray stated that he just go off the phone with Judge Humphrey and opposing counsel. Judge Humphrey informed both lawyers that he was recusing himself because Judge Humphrey discovered that there was an SCU investigation of me that pertained to the Judge. Soon after, I filed a complaint against Dearborn County Prosecutor F. Aaron Negangard with the Indiana Supreme Court Disciplinary Commission. Prosecutor Negangard is the head of, and has administrative control over the Special Crimes Unit. At the time, I assumed that Dr. Edward J. Connor made the initial complaint against me in Dearborn County. Dr. Connor had a history of contacting other judges and prosecutors in efforts to retaliate against me because of my internet writings. Judge Humphrey could not have filed the complaint because he continued to preside over my case for nearly nine months after the SCU investigation began. Dr. Connor did not live or work in Indiana because he was not licensed to practice psychology in the state of Indiana until after he performed the child custody evaluation. Neither my ex-wife nor I ever resided in Dearborn County. None of my internet writings originated in Dearborn County. Any issues regarding my case fell under the jurisdiction of Ripley County because my case was out of the Ripley Circuit Court. My complaint dealt with how Prosecutor Negangard was using the federally funded SCU to investigate/ harass me outside the jurisdiction of Dearborn County because I exercised my First Amendment Right to Free Speech. I amended my complaint against Prosecutor Negangard after I filed a public records request for the record pertaining to the SCU’s alleged investigation of Dan Brewington. Prosecutor Negangard denied my request stating that Indiana law prohibited the release of investigatory records. I informed Negangard that Indiana law clearly states that the release of investigatory records is a discretionary matter because police have the ability to release crime scene photos, videos, and other evidence to the public in efforts to apprehend suspected criminals. I forwarded that information to Prosecutor Negangard at approximately 10:30am on July 12, 2010. Prosecutor Negangard promptly returned my email later that day. At 4:45pm on July 12, 2010, Prosecutor Negangard informed me that I was wrong about the laws pertaining to the release of investigatory records. Prosecutor F. Aaron Negangard also informed me that he was going to “make every effort to prosecute” me. I did not hear back from Dearborn County or the Indiana Supreme Court Disciplinary Commission until February, 2011. In a letter dated February 10, 2011, Chief Justice Randall Shepard dismissed my complaint against Prosecutor F. Aaron Negangard. Five days later, Prosecutor Negangard made good on his word to “make every effort to prosecute” me by making me the target of a grand jury investigation. After a lengthy, day-long grand jury preceding on February 28, 2011, the grand jury returned six indictments; three counts of Intimidation, Attempt to Commit Obstruction of Justice, Perjury, and Unlawful Disclosure of a Grand Jury Proceeding.

“The law is settled that as a general matter the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out.” Hartman V Moore, 547 U.S. I am in the Dearborn County jail on $600,000 bond because I spoke out against a corrupt county government. Dearborn Superior Court II Judge Sally Blankenship stated in the Court’s Order Setting Bond that I was “a threat to community and/or individual safety.” Judge Blankenship went on to write, “The State provided evidence that the Defendant has a history of not following Court orders and a general disdain for the authority of the Court and the legal system.” The only trial that I have been involved with was my 2 ½ year divorce trial where I never missed a court date and I was never held in contempt of court. I voluntarily appeared before the grand jury on February 28, 2011. I voluntarily turned myself in to the Dearborn County Law Enforcement Center after the filing of the warrants. Judge Blankenship wrote, “the custodial evaluation stated that Daniel Brewington’s writings are similar to those of who have committed crimes against their families.” There is no such statement in Dr. Connor’s August 29, 2007 evaluation or in Dr. Connor’s April 16, 2008 addendum to the evaluation. Judge Blankenship also stated that Dr. Connor’s “psychiatric test results of Daniel Brewington indicate that he has a degree of psychological disturbance that is concerning and does not lend itself to proper parenting”. In fact, all of the reasons Judge Blankenship gave as to why I “may” present a “danger” to society did not justify terminating my parenting time in Dr. Connor’s professional opinion. Dr. Connor was aware of all of my actions listed in Judge Blankenship’s March 11, 2011 bond order. Dr. Connor’s report and testimony state that my actions/test results should NOT prevent me from exercising normal parenting time with my three and five year daughters. Despite Dr. Connor finding that I did not present a danger to my children or their mother, Judge Blankenship interpreted Dr. Connor’s findings to be that a $600,000 bond was necessary to protect the public from me.

Judge Blankenship’s actions were retaliatory in nature as well. A few weeks prior to being arrested, I discovered that Judge Blankenship publicly endorsed Midwest Data, the IT firm of the Dearborn County Prosecutor’s office and the Dearborn County Court. As my case would involve IP addresses and other technical data, I publicly addressed the fact that Judge Blankenship endorsed a potential witness. I also informed Prosecutor Negangard of Judge Blankenship’s conflict of interest, which was a violation of the Indiana Judicial Code of Conduct, as a judge is not allowed to lend the prestige of the judicial office to private business. Midwest Data pulled Judge Blankenship’s endorsements from their website, Judge Blankenship set my bond for $600,000 on March 11, 2011 and then recused herself on March 17, 2011 stating, “To avoid the appearance of bias or prejudice, no judicial officer in Dearborn County is able to hear this matter.”

The injustice made a seamless transition to the Dearborn County Law Enforcement Center as DCLEC officials are obstructing my treatment for Attention Deficit Hyperactivity Disorder (ADHD). On March 15 ,2011, DCLEC officials told my mother that they could not give me my Ritalin prescription because they claimed Ritalin was not allowed in the DCLEC. When I raised the issue that courts have ruled that it is a due process violation to deprive an inmate of their mental health at trial, on March 31, 2011, DCLEC Captain Dave Hall stated I could take my medication. Later that day, my mother brought in my Ritalin prescription. My treating physician at the Affinity Center in Cincinnati, Ohio prescribes 50mgs of Ritalin 4 times a day. It was the same dose I had been taking for almost nine years, but I never got the opportunity to take my prescription at the DCLEC.

“You over medicated”, stated Dr. Nadir Al-Shami, the DCLEC doctor. Dr. Al-Shami showed me a pocket reference book for drug prescriptions and claimed that the ADHD specialists at The Affinity Center were mistreating my ADHD. Rather than allow me to take my Ritalin prescription as prescribed by my doctor and therapist (50mgs 4 times a day), Dr. Al-Shami said I could only take 30mgs of Ritalin; once in the morning and once at night. Either the DCLEC doctor is incompetent or the DCLEC is trying to harm me by maliciously tampering with my regularly prescribed dosage. Ritalin is a four hour acting drug and taking the medication in the morning and night leaves huge gaps in treatment. Another notable point is that Ritalin is prescribed to treat narcolepsy, so Dr. Al-Shami is trying to force me to take an anti-sleep drug just before bed. As I do not abuse prescription medication, nor take medications against my doctor’s orders, I refrained from taking my Ritalin under Dr. Al-Shami’s order; especially as I would not have been able to sleep at night. When I appealed Dr. Al-Shami’s order to Dearborn County Sheriff Mike Kreinhop, the DCLEC decided to obtain my records from my treatment providers at The Affinity Center.

“There is no longer any question about the positive dose effect for stimulant medications(which often exceed FDA approved maximum dosing guidelines) or about the fact that adults benefit the most from these higher doses. Drs. Wilens, Biederman, and Spencer(leading experts in research and treatment of ADHD at The Harvard Medical School and Massachusetts General Hospital) have articulated these findings both in The Affinity Center’s professional conversations with them over the past 11 years as well as in their published work, dating as far back as 2002.” This was a statement by my treating ADHD physician, Dr. Doug Logan, in Dr. Logan’s April 5, 2011 letter to the DCLEC. After receiving Dr. Logan’s letter explaining higher Ritalin dosages, the DCLEC declined my request to take my Ritalin prescription as prescribed and continued to order that I take 30mgs in the morning and 30 mgs just before bed.

Dearborn County keeps punishing me because I continue to exercise my right to First Amendment Speech. First, Judge James D. Humphrey took away my right to be a parent. Then, Prosecutor F. Aaron Negangard and then SCU Detective Mike Kreinhop tried to intimidate me with their “secret investigation.” Several months later Prosecutor Negangard caused Judge Humphrey to recuse himself from my case by involving Judge Humphrey in the “secret investigation.” When my complaint against Prosecutor Negangard was dismissed by Chief Justice Randall Shepard, Prosecutor Negangard went on the warpath, making good on his promise the he “would make every effort to prosecute” me. Once Dearborn County succeeded in incarcerating me, they maliciously interfered with my ADHD treatment as the DCLEC will only give me my medication if I take lesser and more infrequent dosages than prescribed by my doctor. When I refused to take Ritalin at night, Dr. Nadir Al-Shami opined that I was fine and didn’t need my prescription. Dearborn County took away my children, my freedom, and even my mental health but they still can’t take away my First Amendment Right to Free Speech because I continue to write and post information on the internet through other people.

I lost the ability to see my children because I spoke out against an unlicensed court expert, due process violations, and ex parte communication. Ironically, Judge Humphrey ruled that my ADHD made me potentially dangerous yet the DCLEC doctor claims that I do not need treatment because I am fine. Every day the international news buzzes about political prisoners and those who are imprisoned for speaking their political and social beliefs, yet I only had to travel to Dearborn County, Indiana to face the same kind of tyrannical injustice. I just hope the ACLU could provide some insight or assistance in battling such tyranny.

For more resources and information check out:

www.danhelpskids.com

www.danbrewington.blogspot.com

www.voy.vom/204962 (Dearborn County Public Forum)

Thank you very much for your time.

Dan Brewington