Wednesday, September 28, 2011

Am I going to be allowed to wear a suit and tie to court? 9/27/11

My public defender, Bryan Barrett, must be mad at me because I write about the lack of communication between the two of us. In the time since his appointment on 6/20/11 to the writing of this post, 9/26/11, Mr. Barrett’s only meeting with me came on 7/18/11 and, at the time, Mr. Barrett had yet to review over 1,700 pages of documents that the prosecution said they may use against me. Mr. Barrett got angry with me because I repeatedly called the Rush County Public Defender’s Office in an effort to speak to him. Since the office would not accept my calls to take a message for Mr. Barrett, the only way I could reach him was to keep calling in the hopes that he would be in the office and accept my calls. Now it is a week before my jury trial and I don’t even know if Mr. Barrett is going to file the appropriate motion to prevent me from having to appear in front of a jury wearing orange jail clothes.

My mother raised this issue with Mr. Barrett’s assistant on 8/4/11 via email. She informed Justin Kerr that a DCLEC correction officer told me my attorney would have to file a motion to permit me to wear street clothes at trial. Mr. Barrett assigned Kerr, who is not a lawyer, to work on my case in Barrett’s absence. Mr. Kerr replied, “Whoever the alleged corrections officer happens to be, he is he either A) imaginary or B) doesn’t know what he or she is talking about” and claimed Indiana law prohibits jurors from seeing inmates in anything other than street clothes. Section 5.2 of the DCLEC handbook states the inmate’s attorney must request permission from the Court for an inmate to wear the inmate’s own clothes. As for the correction officer who told me this, I talked to Officer Turner yesterday so he definitely is not imaginary.

This is yet another troubling situation during the course of my criminal proceedings. If Bryan Barrett files the appropriate paperwork to allow me to wear a suit and tie, it will demonstrate how non-attorney Kerr not only gave me legal advice, but gave me bad legal advice. I tried to explain to Judge Brian Hill that Barrett’s assistant was acting as a lawyer in Barrett’s absence. Judge Hill assured me that Justin Kerr had only relayed communication and had not participated in any duties requiring an Indiana law license. How would he know? He didn’t. Rather than question me about my allegations or ask for evidence, Rush County Judge Brian Hill assumed that I was either mistaken or lying about Kerr giving legal advice without a law license. Either Judge Hill did not believe or did not care that Justin Kerr, who is an investigator out of the Rush County Public Defender’s Office, was giving bad legal advice.

Bryan Barrett has never asked me about potential evidence or witnesses. He didn’t object to the anonymous jury. Barrett waived my right to raise issues concerning my medical treatment, while incarcerated in the DCLEC. He refused to contact my family and/or my Ohio attorney for information and evidence. Following a hearing on Monday July 18, 2011, he told me that he would meet with me later in the week. He never returned. Barrett refused to subpoena and/or depose any witnesses. He won’t even take the proper measures that would allow me to wear a suit and tie during my jury trial. I have absolutely no knowledge of the strategy for my legal defense. Who knows? Maybe my public defender will fly into the courtroom on October 3rd wearing a cape. Maybe he has a strategy that is infallible. Maybe he already made the arrangements for me to wear my street clothes. For anyone facing prison time, who has spent nearly 7 months in jail, it is a tough pill to swallow. Lawyers usually do not neglect their clients because the news is too good.

It amazes me how such a small group of people can exercise such public incompetence and/or corruption without batting an eye. I was arrested because I made too many negative remarks about public officials; Negangard and McHenry knowingly presented false information/evidence to the court; and I do not have the ability to address it with the Court because Bryan Barrett refused to contact me. My trial will probably be held in the basement of the courthouse so no one can witness the civil right violations. I guess I’ll start ironing my county oranges.


  1. I would fire and put a vote of no confidence in your public defender. Seems like the Judges, DA, Prosecutor and Public defenders are all in bed with each other. Wow, This is really amazing how human beings can screw each other over. You don't see this else were in the galaxy. I'm sooo proud to be an human being right now. NOT! Keep going Dan. Take this all the up as far as you can and in the public and media's eye and in the court system. Shove it back in there face and where the sun don't shine when you in court and hope at least maybe an appellate court somewhere else will see differently. This county needs a Federal investigation of the highest urgency, and not at State level. This is blatant corruption and gross negligence of the law and those who are supposed to uphold it. These people need to be brought to justice. Once this is over Dan, I hope you can your children can find a different county or state to live in. I have a friend in IN, visited once and didn't think IN was like this. Wow. What a shame.

  2. Mr. Brewington: Just a piece of advice...I'd be careful with your pipe dream rhetoric and the specific use of the names of individuals who have recorded previous conversations that do not match what you purport to be true and accurate. If not, you may find yourself as a Defendant in a civil lawsuit in the near future. Oh wait, what am I thinking? I'm sure you already knew that, since you think you're smarter than everyone else...but I digress.

  3. Well there are public defenders in southern In. who have clients in the jails that they have not seen in over a 1yr.When i stood up to the public pretenders for my rights. The top PD told me if i knew what was good for me i would keep my mouth shut! Well my mouth was the only thing i had defending me!!After presenting the american bar assciation rules for public defenders, having to communicate and keep informed the client in a timely matter,they eased up. Then the PD said she could not file any motions on my behalf! Well i convinced her she was wrong and told her i wanted a motion for discovery, she filed the judge found on my behalf !! Just shows the arragance of attns. now days but tax payers across the country are starting to see it too!! KARMA will get them in the end!! Maybe you are KARMA Dan!!

  4. Dan I do believe you. Justin has been pulling this crap since he and Bryan both worked in the Shelbyville, Indiana area. They are both a couple of idiots.

  5. ....says the anonymous genius that's probably from Shelbyville and wants to blame his conviction on everyone but himself. Be a man and admit you're a piece of shit doper.

  6. No motion was filed and you wore street clothes during your trial, right Dan? Funny how things work...