Thursday, August 4, 2011

Re: Dan’s Bond Reduction Hearing.

Tuesday morning as I was driving out to jail to see Dan, I got a phone call from a Justin Kerr who is Bryan Barrett’s (public defender#2) investigator. He tells me that Barrett had a family emergency and had to leave town late last week and didn’t know when he would be back. There would be no bond reduction hearing tomorrow, Wednesday, August 3, 2011. He also said that Dan would have to decide if he wanted to continue his trial that is scheduled to start Tuesday, August 16, 2011 and he would have to make the decision today because Judge Hill is ready to call the jury. So Dan has no chance to get out of jail and he has to decide if he wants a continuance. He could be in jail for a year without a chance of bail reduction without being convicted of anything, having no criminal record. He definitely does not want a continuance and I don’t think Judge Hill wants one either. Now the investigator is doing background work for the trial and we have no idea when he will be joined by an attorney. This all falls into the category of “I can’t make this stuff up”. Stay tuned for more information. Thanks to everyone for their support. Sue Brewington


  1. unreal you need to contact big time media and get them on this now!

  2. Be careful. If Dan requests a continuance he could be sitting in jail a lot longer...

    Indiana Criminal Rule 4 declares that one accused of a crime is to be released on his own recognizance if incarcerated without a trial for an aggregate period exceeding six months from the date he was charged or arrested.' There are three exceptions to the operation of this rule.' The first exception applies to those instances in which a defendant successfully makes a motion for a continuance. The second exception applies when the delay in the trial is caused by the defendant's act. The third listed exception becomes applicable when a trial cannot be held during the statutory period because of a congested court calendar. A prerequisite for this final exception requires the prosecutor to request a continuance in the trial. The prosecutor's motion for such continuance must be made at least ten days prior to the trial date and must allege a congested court calendar as grounds for the motion. If such motion is made within the ten-day period prior to the trial date, the prosecutor must also demonstrate that he was free from fault in causing the delay.

    I'm no lawyer, but it seems to me that if the court cannot provide a reliable defense attorney as required by law, the burden for continuance should fall on them. If it this goes past Sept. 7 they will have to release him OR.

  3. Observer should stop at "I'm no lawyer" and stick to flipping burgers.

  4. In the last 7yrs. their have been alot of Fed. prosecutors and county judges charged and removed from law and charged! They might have to flip burgers or maybe they will just go ahead and jump of a bridge! Because it seems the more i read the more i know they did exactly what Dan wanted them to do, This is a total embarresment to the Attn. Gen. and the GOVERNER!! Not even to mention the dissaplinary commission, They were all just hoping this would not go any further and have purposly tried to obstruct Dan from defending himself! Desparation! After the burger comment, i would never eat out again if i were a lawyer, just go`s to show you how much common sense these Attn.s have!