Update 7/17/11

Dan has a hearing scheduled for tomorrow, Monday, July 18, 2011.

Here is a short recap.

1. We got some positive press this week in The Dearborn County Register, published Thursday, July 14, 2011. There is an article on p. 3A written by Erika Schmidt Russell and a guest column on p. 6A written by Chet Wolgamot, “Jail Situation also shows county’s violation of 6^th, 8^th amendment rights.” You can read his article on-line but you can only see a partial of Erika’s article. I’m going to ask about the rules for posting newspaper articles on line tomorrow.

2. Chief Justice Randall T. Shepard appointed Judge Brian D. Hill from Rush County, as the 3^rd judge in the case. Judge Hill set a hearing for June 17, 2011 to rule on the public defender’s Motion to Withdraw. Judge Hill set 2 new dates for hearings.

a. July 18, 2011, a bond reduction hearing and the final pre-trial hearing.

b. August 16, 2011 beginning of a jury trial

c. He said that he would appoint another public defender soon.

3. The new public defender was appointed June 20, 2011. His name is Bryan E. Barrett and he is the public defender for Rush County. Today is July 17, 2011 and Dan has still not heard from his new public defender. Dan would not have known about this appointment if Sue and Matt Brewington had not checked the computer in the clerk’s office. No appearance has been filed by Mr. Barrett.

4. On June 28, 2011 Prosecutor Negangard filed a Motion to Continue the Bond Reduction Hearing scheduled for July 18, 2011 because Detective/ County Commissioner Shane McHenry would not be available to testify on that date. Until this time there had been no mention of Shane McHenry as a witness. Dan of course knows nothing because he has not been contacted by his new public defender and a trial is scheduled to begin on August 16, 2011 at 8:30AM.

5. According to the computer in the clerk’s office at the courthouse Judge Brian D. Hill has not ruled on Mr. Negangard’s Motion.

6. On June 29, 2011 Prosecutor Negangard filed Supplemental Discovery Answer indicating that the Transcript of the Grand Jury proceedings has been emailed to the public defender (the one Dan has not heard from) and public defender #1 will send copies of the State’s preliminary Discovery Answers to the new public defender.

7. Dan has had no opportunity to subpoena or depose witnesses for his bond hearing or his trial.

8. Dan has been in jail on excessive bail for 4 months and has not seen an attorney since on or around May 24, 2011. He still cannot see Mr. Kelly with attorney client privilege.

9. Wish us luck tomorrow. I will let you know what happens.

Sue