Monday, October 10, 2011

Be Afraid, Citizens of Indiana; Be Very Afraid. 10/9/11

I am now a convicted felon as a result of my actions and events dating back to March 6, 2008. That’s when I first requested the case file from the child custody evaluation prepared by Dr. Edward J. Connor. Little did I know that my simple request, while acting as my own lawyer, would snowball into being a convicted felon?

I’ve covered the many reasons Dr. Connor has given as to why he would or would not release the case file a million times by now. [To review examples of Dr. Connor’s conflicting excuses please visit] Actually, during his testimony in my criminal trial, Dr. Connor gave yet another reason as to why he denied me access to the case file. During his testimony on October 4, 2011, Dr. Connor testified that he denied my request for the case file because he was concerned that I would post my wife’s confidential information on my website. The flaw in Dr. Connor’s testimony is that I did not have a website at the time. My first website was not created until September 2008; six months after Dr. Connor denied my request for the case file.

This is where it gets hairy. I was convicted of intimidating Dr. Connor because Prosecutor Negangard claimed that Indiana law criminalizes false public speech. If the high Courts of Indiana uphold the rulings in my case, it would mark the end of free speech in the State of Indiana; at least until someone challenges the holdings of the higher courts of Indiana in a federal court or the United States Supreme Court. Among other things, I labeled Dr. Edward J. Connor as a liar and a criminal. One of the reasons I referred to Dr. Connor as a liar and a criminal is due to the fact that Dr. Connor lied during his May 27, 2009 testimony in my divorce hearings. Dearborn County Prosecutor F. Aaron Negangard arbitrarily determined my statements to be false and unlawful. As someone who has been convicted of perjury, I know it is a criminal offense to lie while under oath before a grand jury or in a court of law. I called Dr. Connor a criminal because he lied in documents he sent the court and he lied while under oath, just as he did during his testimony in my criminal trial. Dr. Connor testified that he did not provide me with a copy of the case file due to concerns I would post the information on my website, which did not exist at the time. Now can I publicly state that Dr. Connor is a liar and a criminal? I don’t know. It all depends on whether Dearborn County Prosecutor F. Aaron Negangard determines the statements to be true or false and the only way to verify if public statements pass the Negangard fact checking test is to make the public statement and wait to see if Negangard issues a warrant for your arrest. As unbelievable as this may seem it’s far less frightening than the next scenario.

I was convicted of a Class D felony, Attempt to Obstruct Justice based on my actions during my divorce while serving as my own attorney. It is important to note that my divorce was out of a Ripley County (IN) court and was finalized on August 18, 2009. Dearborn County Circuit Judge James D. Humphrey served as special judge following the withdrawal of Ripley Circuit Judge Carl H. Taul. I was convicted of attempting to obstruct justice in a Ripley County legal proceeding by a Dearborn County Court. None of the allegations of obstruction ever occurred in Dearborn County. Here’s the frightening thing though; if the Indiana Appellate Court and/or Supreme Court uphold the Attempt to Obstruct Justice charge, it will set a precedent that would allow prosecutors and judges to work together to criminally charge participants in a divorce with Obstruction of Justice if a person does not cooperate with the court or if the person delays the divorce proceedings. One of the explanations Dearborn County Prosecutor F. Aaron Negangard gave as a reason why I should be found guilty of Obstruction of Justice was that I filed too many motions during my divorce, while representing myself. Not only did Prosecutor Negangard put a limit on free speech, he made it a crime for a self-represented litigant in a divorce to file too many motions. How many is too many? The only way to find out is to file the motions and then wait to see if Prosecutor Negangard believes the number of motions “cross the line.” Dearborn County Prosecutor Negangard also alleged that I attempted to obstruct justice in a Ripley County Court proceeding by filing a complaint against Dr. Edward J. Connor with the Kentucky Board of Examiners of Psychology. Negangard told the jury that I contacted the office of the Kentucky Attorney General when my complaint was dismissed. I was punished because I did not prevail in my complaint against Dr. Connor.

This isn’t a joke or exaggeration. I often use metaphors and/or sarcasm on this blog to draw a laugh or to prove a point, but this is real. If the high courts’ of Indiana affirm the ruling in my case, a domestic relations judge would only have to contact the county prosecutor if the judge is dealing with a “stubborn” parent in a divorce. If you’ve ever had a problem with the Indiana Family Court system, it may have just gotten a lot worse. If you want to help keep the Indiana government from restricting and/or eliminating what little rights people currently have in divorces, and to help prevent the Indiana government from criminalizing a person’s ability to criticize domestic court judges; please contact your local and state officials immediately. Please help bring legislative change in Indiana by contacting State Senator Johnny Nugent and State Representative Judd Mc Mullin who represent the Dearborn County area as they should bear the responsibility of preventing the injustices of the Dearborn County legal system from bleeding across the State of Indiana. The contact information for the representatives both Federal and State are listed below.

Whether you consider me to be a diligent father or a radical wacko, the fact still remains that I was just found guilty on two Class A Misdemeanors and three Class D Felonies because I aggressively represented myself in my divorce and I publicly criticized the court officials involved. No threat; no phone calls; just opinions that were sent to the internet from my keyboard. For more information on the events of my divorce, visit Help protect you rights Indiana. Speak up now. You can find your representative by using your zip code. Search for Dick Lugar and Dan Coates.

Contact Dan/family at:

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