I have watched from afar the situation involving Mr. Brewington and it is truly appalling the level of indifference of the attorneys, citizens, and elected officials in Dearborn County to the actions of the Prosecutor in this case and the Judges involved.
It is hard to understand there is not one attorney in Dearborn County who will stand up and support the Constitution and protect an individual’s First Amendment rights. Is the fear of the Prosecutor and the Judges so great within the legal community that it will permit an innocent man to be subjected to malicious prosecution without a word? Do the pocketbooks of the attorneys in Dearborn County override their oath as attorneys? Rest assured when the Prosecutor comes for the attorneys, I hope they all receive the same level of indifference to their plight as Mr. Brewington
Let’s discuss the level of legal representation and justice Mr. Brewington has received to date on the pending charges. Judge Blankenship, who sits on the same bench with Judge Humphrey, handled the arraignment of Mr. Brewington on the charges brought by the Prosecutor. Does anyone see a possible conflict of interest? Does anyone in Dearborn County write a letter to the Indiana Supreme Court concerning the issue of the obvious conflict of interest involving Judge Blankenship? Where is the legal community? Where are the citizens who permit this to occur?
Let’s discuss the bond for Mr. Brewington set at $600,000 by Judge Blankenship and someone makes the case that it is a reasonable bond. The bond is set by a Judge who has a conflict on the case and Mr. Brewington is unrepresented at the arraignment by counsel. Not only is Mr. Brewington not represented at the arraignment, the Dearborn County courts do not have a policy or procedure to appoint counsel for Brewington in advance of his arraignment. It is no wonder Dearborn County needs a bigger jail when the judges are setting bonds at astronomical levels for defendants who challenge the justice system in Dearborn County. Soon the jail advocates can simply erect a fence around Dearborn County!
If you want to discuss the public defenders assigned to Brewington’s case take careful note that the first public defender was appointed by Judge Blankenship, the conflict judge. There is nothing critical of the public defenders on the blog sites assigned to Brewington’s case until the point their representation was so pathetic, it cried out to be disclosed to the public. The first public defender withdrew when Brewington did not accept a plea deal. It would benefit the public to view the motion to reduce bond filed by the public defender which lists in the body of the motion the name of a different defendant and different crimes. Sometimes an attorney should at least proofread what is filed with the Court.
The first public defender withdrew because he alleged a conflict of interest because Judge Humphrey was a witness and the public defender had other cases before Judge Humphrey. Judge Hill, the current trial Judge for Brewington, permitted the first public defender to withdraw because of the alleged conflict. The Prosecutor has more cases before Judge Humphrey than the first public defender, so it seems obvious the Prosecutor should get off the case. If Judge Hill made a determination the first public defender had a conflict, why not the Prosecutor?
The second public defender has seen Mr. Brewington on how many occasions? Look at the docket sheet for Mr. Brewington’s case and attempt to determine how many witnesses were subpoenaed to testify on behalf of Mr. Brewington. There are no witnesses subpoenaed as of September 22, 2011. Check and see what witnesses were disclosed by Mr. Brewington’s second public defender through September 22, 2011 on the docket sheet and there are none. Check and see what records were disclosed by Mr. Brewington’s second public defender to be used at trial and there are none. The assignment of an attorney masquerading in a warm body to represent Mr. Brewington is hardly “effective assistance of counsel.” Is this what the court system has become in Dearborn County? Is there an obligation on the part of the Judge, the Prosecutor, or the attorneys in Dearborn County to report such lax representation for a defendant? If history proves right, the Judges, Prosecutor, and the local attorneys will follow the path of see no evil, hear no evil, and speak no evil since their dog is not in the fight. What a conundrum for the Judges, Prosecutor, and the local attorneys – do what is right or simply look the other way! Not only are the Judges, Prosecutor, and local attorneys looking the other way, they are greasing the skids of injustice for Mr. Brewington. Who is next? You, me, your family my family?
Is there any truth in the Dearborn County system? It is obvious the Prosecutor and McHenry wouldn’t know the truth or search for the truth after the allegations concerning the information about the drive by hit. No investigation and no verification of the information submitted to the Court by either the Prosecutor or McHenry. It is presented to the Court as truthful by the Prosecutor and McHenry, yet never by them. The Judge simply accepts the information as truthful based on the testimony of McHenry and the statements of the Prosecutor. The second public defender does nothing to investigate or determine the accuracy of the information presented to the Court or investigate the allegations in advance of the bond hearing. It becomes painfully obvious why a public defender is selected when so little is done to protect a client. The warm body selected by Judge Hill to defend Brewington is a joke. Hopefully at some point in the future, Judge Hill will have the opportunity to appoint the same individual to represent someone Judge Hill cares for and loves and the public defender goes about his job in the same manner. Would Judge Hill howl or what?
Finally, it seems painfully obvious that whether you like Brewington or hate Brewington, he has done a service to the citizens of Dearborn County to inform the citizens of the quality of the individuals elected to serve the citizens. Do you get that warm fuzzy feeling about the truthfulness of your elected officials? Do you believe your elected officials are truthful and honest? Do you believe they adequately investigate anything? Do you believe that Judge Blankenship and Judge Humphrey are fair and impartial? Do you believe it is worthwhile for Dearborn County to spend a minimum of $7,500 for the round the clock protection of Judge Humphrey when there was no threat? Do you believe that Judge Humphrey is worried about his address being on the internet when it can be accessed on the tax assessor’s website? If Judge Humphrey is so worried about his address being on a website, then he has the wrong job! There are any number of attorneys who could take over for Judge Humphrey and dispense justice in an even-handed manner without his histrionics. If we don’t check out the individuals elected to office, we are destined to have more of the same timid and lying officeholders we have at the present time.
Brewington only opened our eyes to the problem. The problem remains, not because of Brewington but because Brewington shined the light on individuals with no respect for the law and in turn no respect for our rights. I say kudos for Brewington in much the same manner as I do for anyone who chases from office individuals who do not respect the law or our rights as citizens.