Father’s Day in the DCLEC

June 19, 2011.

I’m writing this post on Father’s Day while incarcerated in the Dearborn County Law Enforcement Center. I haven’t seen or spoken to my 5 and 7 year old daughters for nearly two years. The irony of the situation is; I’m in jail because I want to be a Dad.

I went through a 2 ½ year divorce in Southeastern Indiana. All I ever wanted was equal parenting time. When I was denied evidence to which I was entitled, I shared my story on the internet. When the judge and custody evaluator violated court rules by communicating outside the presence of both parties, I wrote some more. When Dearborn Circuit Judge James D. Humphrey disregarded the custody evaluator’s recommendation of almost equal parenting time and terminated ALL of my parenting time, I wanted to tell the world all about it. Unfortunately it’s illegal for a father to voice an opinion and be an activist to help bring change to a broken family court system because Dearborn County Prosecutor F. Aaron Negangard had me indicted.

I wonder what Judge Humphrey did on his Father’s Day? Maybe he spent the whole day with his wife and two sons. Maybe the Humphrey family went fly-fishing together, as Judge Humphrey taught his entire family how to fly-fish. He could have spent the day slow-cooking barbeque for the family. Several years ago his wife, Heidi, gave the Judge an outdoor cooker so he now cooks for the family on all holidays and family events. His specialty is apple wood pork shoulder. He probably does most of the cooking on family fly-fishing vacations in the mountains of North Caroline, Tennessee, or out west. Yellowstone National Park is the Humphrey’s favorite vacation spot. Humphrey’s cooking has led some to suggest that he open up a barbeque shack. But don’t count on the Judge cooking the entire Father’s day meal because his wife, Heidi, has become an excellent cook over the course of their 25 year marriage and she usually prepares all of the side dishes while he prepares the main course. Maybe Judge Humphrey just enjoyed a leisurely day reading his fly-fishing magazines.

One of the reasons I am in jail is because I encouraged people to send letters of complaint or concern to the advisor to the Indiana supreme Court Ethics and Professional Committee that was located in Dearborn County, Indiana. The advisor’s name is Heidi Humphrey. Her address was public record so that’s where I instructed people to send mail. Now I’m being charged with “communicating a threat: to Heidi Humphrey. At the time I wasn’t certain that Heidi and James were husband and wife but I didn’t think that her being married to Judge Humphrey should take away my right to have people contact a public official that was listed on the Indiana Supreme Court’s website. Now I have a protection order against me to stay away from James Humphrey, his wife, and two sons. Prior to my arrest, I didn’t even know for sure if Humphrey had children. So you are probably asking “How do you know so much about Judge James D. Humphrey and his family?” I read it on the internet.

My mother mailed me a printout of an internet article from the web publication, Indiana Court Times. The February 21, 2011 article features the “Honorable” judge James D. Humphrey. This is how I was able to speculate what Judge Humphrey did on Father’s Day. The article listed his family’s names, hobbies, sons’ ages, and even listed where they went to school. The article stated that James Humphrey grew up on a farm in Bright, Indiana where one of his “favorite activities as a child [was] squirrel hunting.” One of the reasons that Humphrey gave for terminating my parenting time was that I taught my daughter how to shoot a BB gun. Maybe someone should have separated Judge Humphrey from his father because his dad taught him how to kill animals with “dangerous” firearms as a child.

I didn’t lose the ability to spend Father’s Day with my daughters because I taught them how to shoot a BB gun; I lost the ability to spend Father’s Day with my daughters because I wrote negative things about James D. Humphrey. I’m spending Father’s Day in jail because I shared already public information on the internet. Why isn’t Dearborn County Prosecutor F. Aaron Negangard trying to prosecute James F. Magurie of the Indiana Court Times for exposing personal information about James Humphrey and his wife and sons? I would be facing life in prison if I told people his sons’ names and where they went to school. The reason why James Magurie isn’t spending Father’s Day in jail is because he wrote nice things about James D. Humphrey.

Holidays without my daughters are always a little tough but I know that one day they will appreciate how hard their dad worked to be their dad. My daughters will understand that sometimes people have to face adversity and take a stand against evil and vindictive individuals. They will know that their dad helped prevent officials like Judge Humphrey and Prosecutor Negangard from abusing their power. Most of all, my daughters will know how much their daddy loves them and there isn’t a crooked judge or prosecutor in the world that can take that away from them. Happy Father’s Day girls. Daddy loves you.

Update 6/21/11

I had a hearing on Friday June 17, 2011 and I wanted to give everyone an update on my case. The 3^rd and newest judge in my case is Judge Brian Hill of Rush County, Indiana. He replaced Judge John Westhafer who withdrew because he was good friends with the alleged victim, Judge James D. Humphrey. Judge Hill’s first ruling was an order granting my public defender’s motion to withdraw. Judge Hill’s second order set the dates for my pre-trial hearing and my jury trial; Mon. July 18, 2011 at 1:30PM and Tues. August 16, 2011 at 8:30AM, respectively.

The State of Indiana is trying to pull a fast one here. The legal geniuses in the Dearborn County Court system should have known that it would be a conflict of interest for Dearborn Superior Court II Judge Sally Blankenship to preside over a matter concerning another Dearborn County judge. After setting my bond at $600,000 and setting a pretrial hearing for April 26, 2011, Judge Blankenship bailed. The Indiana Supreme Court then appointed Judge Humphrey’s good friend, Judge Westhafer, to preside over my case. Rather than decline the appointment, Judge Westhafer accepted one month, then waited a month to come to the conclusion that the appearance of impropriety may exist if he presided over a case where the alleged victim was a close friend and fellow judge. So when I finally get a hearing in front of a judge who can hear my case, Judge Hill discharges my public defender, as requested by my public defender, and sets my jury trial for less than two months away.

The 6^th Amendment of the United States Constitution guarantees the right to a speedy trial. Indiana law mandates that the state must try an inmate within six months, barring some exceptions such as court congestion, the defendant’s failure to raise the issue of a speedy trial with the court, etc… The number one way that a defendant can waive his right to a speedy trial is to petition the Court to continue the trial past the six month mark. The state of Indiana appointed a public defender who took two months to figure out that it was a conflict of interest to represent me because he had cases in Judge Humphrey’s Court. Then the State took nearly three months to find a judge that could preside over my case. In my first hearing in front of a capable judge, Judge Hill allows my lawyer to withdraw, then tells me that my jury trial is on August 16, 2011, less than two months away. If my trial would have been set for after September 7, 2011, the state would have had to release me because I would have been denied my right to a speedy trial.

Now I have less than two months to prepare for trial. I have no idea who my public defender will be or when he/she will be contacting me. My public defender will have the responsibility of reviewing a few thousand pages of documents, deposing witnesses, subpoenaing evidence, and preparing it all for a trial less than two months away. Of course my attorney may request the Court to continue the final hearing, and I’m sure the continuance will be granted; at the expense of waiving my right to a speedy trial.

Most defendants get at least four or five months to prepare for trial. My original pretrial was set for April 26, 2011. If Judge Blankenship would have held the hearing, she probably would have set my trial date for sometime in August so my lawyer and I would have ample time to prepare a defense. Now, rather than having roughly four months to prepare for trial, I have less than two. The time needed for trial preparation did not decrease, but the State’s deadline for giving me a speedy trial did. So in exchange for my right to a speedy trial, the state was willing to compromise my right to a fair trial.

I don’t want people to worry about me because I am confident about my case. The bottom line is that the State of Indiana is adamantly against the right to free speech but the State seems to have forgotten that the law of the land is dictated by one of the most important documents in the history of mankind; The United States Constitution. Dearborn County Prosecutor F. Aaron Negangard and Dearborn Circuit Judge James D. Humphrey can try to “ignore and desecrate” the United States Constitution but it is only a matter of time before a federal court or the high court of the United States condemns Dearborn County and the State of Indiana for their tyrannical oppression of free speech.

Thanks for the support and stay tuned for more updates.

Feel free to reach me/my family at: contactdanbrewington@gmail.com

Dan’s hearing Friday, 6/17/2011

Dan’s hearing took place Friday, 6/17/2011 at 1:30 pm at the Dearborn County Courthouse with Judge Brian D. Hill from Rush County presiding. Mr. Johnson and Mr. Kisor were representing the Prosecutor’s office and Mr. Watson was sitting with Dan. The only business on the agenda was Watson’s request to withdraw from the case. He said that he had active cases in front of Judge Humphrey and that it could look like a conflict of interest. The Judge let him off the case. The Judge let Dan speak but he wasn’t ready to address Dan’s concerns on the medicine situation at the jail or his inability to get Robert G. Kelly on this particular case.

Judge Hill set 2 new court dates. The first is Monday, July 18, 2011. He will hear the bond reduction issue and he has set the Final Pre Trial Hearing for the same time. It is not just the final but the only pre trial hearing. Mr. Watson had to tell the judge about the mistakes on the bond reduction, the client’s name was totally incorrect and he added a Schedule C Felony charge of assault with a deadly weapon. The Prosecutor’s office agreed to the changes so I guess things are “fine.”

Judge Hill set Tuesday, August 16, 2011 at 8:30am for Jury Selection. By this time Dan will have been in jail almost 180 days. The Judge made it clear that he wanted to move this case along. He mentioned listening to plea agreements.

He said he was going to appoint another public defender, not from around here, in the next day or two.

The Evidence Against Dan Brewington 6/11/11

I received the evidence against me that was compiled by F. Aaron Negangard and the Dearborn County Prosecutor’s office. In all, I received 1368 pages of documentation that Prosecutor Negangard and his staff have gathered, highlighted, reviewed, and copied. It shouldn’t come as a shock to anyone that there are ZERO examples of where I threatened anyone.

Dearborn County Prosecutor F. Aaron Negangard has wasted thousands of county, state, and federal funds in trying to investigate and prosecute me. He has spent the last two years scouring tens of thousands of words worth of documents, yet he failed to produce on example where I “communicated a threat” to James D. Humphrey, Dr. Edward J. Connor, or former Supreme Court Ethics and Professionalism advisor Heidi Humphrey. When Negangard discovered that he couldn’t find any evidence to substantiate the charges against me, he and his staff scoured hundreds of pages of documents in an effort to put together ten pages of quotes where I criticized Judge Humphrey and Dr. Connor.

“I’m getting tired of lawyers and judges whining about me trying to intimidate them”. – 5/13/10 blog post.

“Judge Humphrey knew Dr. Connor lied and punished me for challenging Dr. Connor’s conduct, which in turn is abusive to my children” – 5/6/10 blog post

“It will be on the public record that Judge Humphrey is aware that Dr. Connor is a liar.” – 5/21/09 blog post.

These are examples of quotes that the Dearborn County Prosecutor’s office spent many hours and resources in trying to make me appear to be a social/political activist. The only problem is that I am an activist and there’s nothing illegal about it. Prosecutor Negangard went out of his way to take quotations out of context in an effort to make the quotes appear threatening. He included the following quote from my May 11, 2010 blog post titled “You wouldn’t lose your children because you criticized a plumber would you?”

“That lousy son of a bi#$h, Dr. Custody Evaluator, lied in his report. He made me so mad I wanted to beat him/her senseless. The dirty piece of s*@t would not honor his/her contract and left me in a worse situation even though he/she took my money. Every time I think about the evaluation report that ‘contained numerous errors and oversights’; it makes me want to punch Dr. Custody Evaluator in the face.”

This is how Prosecutor Negangard is trying to sell his case against me. Negangard tells people (probably the grand jury) that I am angry and that I want to physically hurt someone. This is the only chance he has at getting people to believe that I may present a threat to anyone. What Prosecutor Negangard doesn’t want people to know is that the quote came from a blog where I was demonstrating how no one would accuse someone of being potentially dangerous for criticizing a plumbing company. In the same blog post, I also wrote the following mock complaint about a plumbing company:

“Those lousy sons of bi#$hes tracked dirt all over my house. They made me so mad I wanted to beat them senseless. The dirty pieces of s*@t would not honor their contract and left me in a worse situation even though they over charged me. Every time I see the stains in my carpet, it makes me want to punch them in the face.”

Once again Prosecutor Negangard has inadvertently gone out of his way to demonstrate another one of my points. No one says ”he’s a danger because he bad mouthed a plumber” but Negangard is proclaiming that I may be a danger to society because I bad mouthed a psychological expert in a comparative writing piece.

This is why during my arraignment hearing, Deputy Prosecutors Joseph Kisor and Brian Johnson were stuttering and stammering while trying to come up with a good excuse why Judge Blankenship should prohibit me from writing about my case. They stated that I shouldn’t be allowed to share the events of my public trial with the public. Either Kisor and Johnson are actively working to desecrate the First Amendment of the United States Constitution or F. Aaron Negangard is willing to risk the legal careers of his deputy prosecutors in Negangard’s efforts to cover up not only his illegal conduct, but the illegal conduct of James D. Humphrey and Dr. Edward J. Connor as well. Dearborn County taxpayers should be rallying in the streets to protest this publicly funded witch hunt. I would venture to guess that Negangard has wasted around ten thousand dollars of Dearborn County Funds on my case and that number could easily climb to over $100,000 but as long as Negangard has an endless supply of funding and control over staffers like Joseph Kisor and Brian Johnson he will never stop. I just hope Negangard doesn’t divert too much money and time away from protecting Dearborn County citizens from real crime.

Feel free to reach me/my family at contactdanbrewington@gmail.com

New Update; New Judge 6/11/11

I found out that my second judge, Decatur Circuit Judge John Westhafer, withdrew from my case. Judge Westhafer notified Indiana Supreme Court Chief Justice Randall Shepard that he had been a good friend of James Humphrey for 25 years. Despite their good friendship, Judge Westhafer claimed he could still preside over my trial. After I shared Judge Westhafer’s comments about his friendship with Judge Humphrey on my blog, Westhafer called it quits. I’m just fortunate to know that I have a new judge because Dearborn County isn’t telling me anything.

You would think that a county justice system would tell an inmate about judge changes and court dates. Actually Dearborn County does share this information with inmates; except for me. My mom and brother had to go to the Dearborn County Courthouse to get the new information themselves. I sent an inmate request to jail Captain Dave Hall, requesting that I be provided with the same information that the jail and the courts provide to other inmates. Captain Dave Hall stated that I needed to talk to my attorney. Thanks Captain Dave but my public defender quit.

Dearborn County wants to prosecute me but they don’t want to tell me when it’s going to take place or who’s involved. I’d love to take Captain Dave’s advice and call my public defender but John Watson quit and I’m stuck with a “chicken and an egg” scenario in contacting my new public defender. Captain Dave Hall told me to contact my lawyer about getting notices from the Court, but I have to receive a notice from the Court advising me of my new public defender so I know who to contact. Either Captain Hall reeks of incompetence or it is a malicious attempt to keep me out of the loop.

I do have some positive news. I discovered that a motion to reduce bond has been set so hopefully I can get out of jail so I can work on my case. I just hope Captain Hall lets me know who my new public defender is and when my hearing will take place. I just hope I can make it to the hearing without another court official quitting. I’ve had three judges and I’m waiting for my 2^nd lawyer and I haven’t even had a pre-trial hearing. Every judge and attorney within a one hour radius of Dearborn County claims that they have a conflict of interest; everyone except Prosecutor Negangard of course.

Stay tuned for more updates. If you hear information on my case before Dearborn County tells me, please let me know. You can use contactdanbrewington@gmail.com

The First 10 of 1368 Pages

Direct threat, or free speech?

The First 10 of 1368 Pages

New Judge and Hearing

These are the court documents that qualifies a special judge and sets a hearing for the public defenders withdraw.

New Judge and Hearing

Application For Reduction of Bail

This is the application for reduction of bail for Dan Brewington filed by his public defender. Can you find any mistakes?

Application For Reduction of Bail

Answers: 1. The Defendant is DANIEL BREWINGTON

2. There is NO charge of Battery with a Deadly Weapon, a Class C Felony

3. There is a missing signature from his public defender

Thomas Jefferson vs. F. Aaron Negangard

Memo from Thomas Jefferson to F. Aaron Negangard, “Go back to school.”

“I discharge every person under punishment or prosecution under the sedition law because I considered, and now consider, that law to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image.” – President Thomas Jefferson letter, July 22, 1804.

The above quote from President Jefferson came after the President pardoned all those who had been convicted and sentenced under the Sedition Act of 1798. The Sedition Act, passed by Congress, made it a crime, punishable by a $5000 fine and 5 years in prison, “if any person shall write, print, utter or publish… any false scandalous and malicious writing or writings against the government of the United States, or either house of the Congress…or the President…with the intent to defame…or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States.”

Thomas Jefferson would be appalled to know that Dearborn County Prosecutor F. Aaron Negangard is either ignorant of, or disregarding the principles that our country is founded upon. President Jefferson nullified the Sedition Act of 1798 because he believed that the citizens of the United States should not worship those elected officials who took an oath to serve the citizens themselves. Prosecutor Negangard has effectively nullified President Jefferson’s acts and intentions to help shield the actions of Dearborn County Circuit Judge James D. Humphrey and others.

In Craig v Harney (1947) the United States Supreme Court dealt with a case where a judge held a publisher, and editorial writer, and a news reporter of newspapers in contempt for material that was published about the case of Jackson v. Mayes. The Supreme Court stated “[the published content] was strong language, intemperate language, and, we assume, an unfair criticism. But a judge may not hold in contempt one ‘who ventures to publish anything that tends to make him unpopular or to belittle him…’ (Craig v. Hecht)… “The vehemence of the language used is not alone the measure of the power to punish for contempt. The fires which it kindles must constitute an imminent, not merely a likely, threat to the administration of justice. The danger must not be remote or even probable; it must immediately imperil.” Even though the high court believed the published criticism was probably unfair, the Supreme Court stated… “the law of contempt is not made for the protection of judges who may be sensitive to the winds of public opinion. Judges are supposed to be men of fortitude, able to thrive in a hardy climate.”

“Any person, law enforcement agency, etc…who takes action against the respondent for protecting the respondent’s children and the public from the child abducting tactics of Judge Humphrey will be held personally responsible for their actions.” In the Dearborn County Special Crimes Unit report, Sheriff Kreinhop wrote, “Judge Humphrey viewed this statement as a further attempt to intimidate him and also as a threat to his and his family’s personal safety.” Prosecutor Negangard is fully aware that I have never threatened anyone with illegal activity and that my writings do not pose any “imminent” threat to personal safety or justice. Negangard is attacking me because I refused to kneel down and worship Judge James D. Humphrey as if he were a “golden image.”

In New York Times Co. v. Sullivan (1964) the U.S. Supreme Court wrote, “As [James] Madison said ‘ the censorial power is in the people over the Government, and not in the Government over the people’. It would give public servants an unjustified preference over the public they serve, if critics of official conduct did not have a fair equivalent of the immunity granted to the officials themselves. We conclude that such a privilege is required by the First and Fourteenth Amendments.” Judges like Judge James D. Humphrey enjoy absolute immunity from civil action in trials over which they preside. Even malicious and vindictive actions are immune if the actions are performed under a black robe. Now Dearborn County Prosecutor F. Aaron Negangard is trying to extend this absolute immunity to prevent negative public opinion. In an often cited case out of the Kansas Supreme Court, Justice Burch stated the following in Coleman v. MacLennan:”It is of the utmost consequence that the people should discuss the character and qualifications of candidates for their suffrages. The importance to the state and to society, of such discussion is so vast, and the advantages derived are so great, that they more than counterbalance the inconvenience of private persons whose conduct may be involved, and occasional injury to the reputations of individuals must yield to the public welfare, although at times such injury may be great. The public benefit from publicity is so great, and the chance of injury to private character so small, that such discussion must be privileged.

If Thomas Jefferson were alive today, he would not want F. Aaron Negangard to return to school for a remedial law lesson, he would demand that F. Aaron Negangard resign from the legal profession because Prosecutor Negangard and Judge Humphrey use the law for their own personal gain instead of advancing the needs of the public. “It is of the utmost consequence that the people should discuss the character and qualifications” of officials like Humphrey and Negangard. They are not men of fortitude so they must create their own protections. This is why I publicized their actions. That is why I am incarcerated in the Dearborn County Law Enforcement Center. That is why I continue to write about the unethical and illegal conduct of Dearborn County Officials.

Feel free to contact Dearborn County officials to demand the resignation of officials who tread on the U.S. Constitution. For more information email contactdanbrewington@gamil.com.

No Speedy Trial for Dan Brewington

6/1/11

I guess a speedy trial is out of the question in my case. It appears that I will have to go without a public defender for a little while. On May 18, 2011, my public defender, John Watson, filed a motion to withdraw from my case. Mr. Watson stated that there was an “appearance of impropriety” because Mr. Watson “has multiple cases in Judge Humphrey’s court” and it creates a conflict because Judge Humphrey “is a victim in this case.”

This is just another example of the arrogance and incompetence of Dearborn County Prosecutor F. Aaron Negangard and the Dearborn County Court System. Judge Sally Blankenship called John Watson personally after she failed to find any other Dearborn County public defender to take my case. Judge Blankenship set my bond at $600,000, appointed a public defender who has cases in front of Judge Humphrey, and then she withdrew from my case because Judge Blankenship felt there was a conflict of interest. John Watson took two months to determine that he had a conflict of interest. The newly appointed special judge in my case, Decatur Circuit Judge John Westhafer, declared that he has been a good friend of Judge James D. Humphrey for 25 years. In fact, the only person who doesn’t feel that their involvement in my case is a conflict of interest is Prosecutor Negangard.

John Watson said Prosecutor Negangard was willing to make a deal. In fact, Mr. Watson was willing to represent me if I was interested in signing a plea bargain but he decided that it would be a conflict of interest to take the matter to trial. I can understand why Mr. Watson was concerned because retaliatory strong arm tactics are the norm for Negangard and Humphrey. I just wish John Watson would have denied Judge Blankenship’s request two months ago rather than further delay my trial.

So who’s going to be my new public defender? John Watson told me that Judge Westhafer and Mr. Watson had previously discussed that Judge Westhafer had an Indianapolis public defender on standby in case Watson wanted to quit. Now it appears that my next public defender is going to be appointed by a good friend of Judge Humphrey. I guess there is no appearance of impropriety there.

Dearborn County Prosecutor F. Aaron Negangard won’t give up because it could very well cost him his professional career. Dearborn County is trying to prosecute me for exercising my 1^st Amendment rights. Prosecutor Negangard is trying to cover up the unethical and illegal conduct of Dearborn County Court officials. Rather than give up their illegal prosecution, Prosecutor Negangard and Judge Humphrey are willing to go down shooting like Redford and Newman in Butch Cassidy and the Sundance Kid. They are hoping and praying that they can convince the right judge that it is a criminal act to exercise too much free speech. In the meantime, Negangard is crossing his fingers that jail time will coax me into pleading guilty to something that I didn’t do. I hate to disappoint Prosecutor Negangard, but it doesn’t matter how many conflicted judges and lawyers the State of Indiana tries to throw at my case. I’m in it for the long haul. So saddle up Butch and Sundance because the longer you drag this out the more it is going to cost the Dearborn county taxpayers when your “shootem’ up” adventures come to an end.