Wednesday, November 28, 2012

A Father's Letter to His Girls

Dear Girls,
Sorry it took a little while for me to write back. I loved hearing from you. I can’t believe how big you are getting. I love you so much and miss you more than you can imagine. First I want to answer all the cool questions you asked in your letters.

Sophia is doing great. Grandma Sue has been taking good care of her while I have been gone. Grandma says Sophia gets tired around 9 o’clock at night and Grandma says “Do you want to go to bed?” and Sophia runs into the back bedroom and jumps in bed. In the morning, Sophia goes potty, eats and then jumps into bed with Grandma & sleeps a little longer. I remember how Audrey used to call her “Soapie.” How Funny!
I listen to all kinds of music here in jail. I have a radio with headphones. It’s not as good as an I Pod but I get a lot of radio stations. One of my favorite songs is “God gave me you” by country music singer Blake Shelton. Some of it goes “God gave me you for the ups & downs. God gave me you for the days of doubt.” When I hear it I think of my Audrey and Mary. Whenever I feel bad I think about how lucky I am to have two precious daughters like you.

My favorite subject in school was science. We used to do a lot of science – related things together. Remember how we would look at the stars? One time we woke up early in the morning before sunrise so we could see the planets Mars & Venus shining bright on either side of the moon. Remember our hikes when we looked for fossils & flint? We talked about how Indians made tools out of flint rocks. Mary used to wade in the pond & catch things in her net. She brought a tadpole & water spider in the house, put them in jars with water, and labeled them like a real scientist.
My favorite ice cream is Graeter’s mint chocolate chip. I love the big chocolate chunks.

Mary, you guessed it right. My favorite sport is golf. Remember all of the golf balls I had? I bought them so we could hit them out in the field behind the house. We would act like we were on Easter egg hunts and go look for the balls after we hit them. I don’t get to play golf in jail but I do jog a lot & I play basketball. People want me on their team because I am a good shooter. I’m in very good shape because sometimes I run up to seven miles in a day.
When I was your age I went to North Norwood Elementary School. It was a public school & we used to pass it on the way to Grandma Sue’s house. I still have a lot of friends from North Norwood who stay in touch with me.

Of course I remember, XXXX silly. How are they doing? I have a funny story about XXX . When she was little, Uncle XXX and Aunt XXX needed a babysitter so I drove to their apartment in the city & watched her. It was the first time I ever changed a diaper & XXX Pooped! I laughed & asked her how she could do that to me on my first diaper change. We had a lot of fun that day. Tell XXX &  XXX I said hi. Audrey said there was XXX too. Tell little XXX I said hello.
I heard the funny story about Frederina. I thought it was funny that Mary named her bird Fred. That’s what you used to call Holly’s dad, Mike.

I remember Lou. He’s a Bassett hound isn’t he? Does he still bark a lot? Do you remember our friend Ace? He had a dog that was part Bassett hound & part beagle.
Mary, I’m so happy you are doing well with soccer. I was a goalie at North Norwood but I wasn’t as good as you. I see police dogs here at the jail. I take care of the grass around the dog kennels. There are coon dogs, German Shepherds, and Black labs. One of my bosses works with the dogs. I hope you had a fun birthday. My birthday was November 16th. I turned 39 & will be 40 next year. Can you believe it. I can’t believe you love Garfield books. Uncle Matt & I had lots of Garfield books when we were kids.

Audrey you sound very busy. How do you fit everything in? Girl Scouts, cheerleading, & basketball? Sounds great. I’ve been playing a lot of basketball so I’ll be ready to play you in a game. It sounds like you are losing all of your teeth! You must be getting rich off of the tooth fairy. When I was little, I lost a tooth when I was sleeping & swallowed it without knowing it. I was sooooo upset because I couldn’t get my money from the tooth fairy. Grandma Sue wrote a note to the tooth fairy, explained what happened and we put it under my pillow. The next morning there was money under my pillow!!!!! I was so happy.
I am glad to hear you girls are doing well in school. I hope you like your teachers. I have a lot of school teachers who keep supporting me. Grandma Sue say,XXX my 5grade teacher, always asks about how I’m doing & prays that I get to see my girls soon.

You girls like all the cool stuff!!! I Pods, I Pads, Kindles, & laptops. Those are the kind of things I love. That’s why I got you started early with laptops and the internet. It must have helped you out. When I went to parent-teacher conferences when Mary was in the 1st grade, her computer teacher said she was one of the best in the class. She said Mary knew how to change fonts in the program Word. I told her I taught Mary how to do it in pre-school. One of my favorite pictures of Audrey is one where Audrey is lying on her stomach on the bed working on her laptop at Grandma Sue’s. It’s a funny picture because she was on the internet and she still was wearing diapers! I think I have a couple of very smart daughters!!!!
I miss you two more than you could ever imagine. Hopefully I will be getting out of jail soon & start working again to see you.  Aunt XXX said she told you not to worry about me because I am doing OK. I’ve lost about 100 lbs since you saw me & I’m working to stay as healthy & physically fit as possible so I can be the best dad I can be for a long, long, time. I miss you very much & so do Grandma Sue & Uncle Matt & the rest of the family. You can call Grandma Sue. She would love to see you and talk to you. You could call her & tell her when you have sporting or school events so she can watch you like other grandparents. She is very proud of her sweet granddaughters. Grandma Sue’s phone number is XXX. I will tell her to look for your call. She will be very excited.

Please remember that I will always love my precious Mary & Audrey and I will always be your dad. I hope to see you soon & Grandma Sue will look forward to seeing you/ hearing from you!!!!
Love Always

P.S. I will always save copies of our letters so we can always go back and remember them. Love you!!!!

Friday, November 23, 2012

Oral Arguments in the Dan Brewington Case Can Be Viewed On Line, Plus Other Information Regarding the Arguments.

On Wednesday, November 21, 2012 at 11:30am Oral Arguments were held in the case of Daniel Brewington vs. State of Indiana. The arguments were held in a Court of Appeals Courtroom in the Indiana Statehouse Building, Indianapolis.

 To watch the arguments go to CAUTION: You have to fast forward through 8 minutes of the main screen and then the hearing begins. Each side gets 20 minutes. Dan, represented by Michael K. Sutherlin and Sam Adams, chose to speak for 15 min and reserve 5 min. If you have never seen one of these you will probably be surprised. The judges can interrupt and question as often as they want. It must be frustrating for the lawyers arguing, but that is the way the process works. Dan was never scheduled to attend the proceedings. Sue and Matt Brewington, Dan’s Aunt Jane, and attorney Robert G. Kelly sat behind Sutherlin and Adams.

 A three judge panel of appellate judges are assigned to each case. The judges assigned to Dan’s case were Judge Carr Darden, Judge Elaine Brown, and Judge Ezra Friedlander. In what appeared to be a last minute change, two justices were replaced, no reason given. The new panel of judges consisted of Judges Baker, Riley, and Darden. Judge Darden was on the original panel. To read the biographies of the Judges see the following links; John Baker’s bio Patricia Riley Darden Ret. Special Judge

 Deputy Attorney General J. T. Whitehead represented the State. Dearborn County Prosecutor F. Aaron Negangard sat next to Mr. Whitehead but did not speak. Deputy Dearborn County Prosecutor Joseph Kisor, Dearborn County Circuit Court Judge James D. Humphrey and his wife, Heidi Humphrey, and Edward and Sara Connor, custody evaluators from Erlanger, Kentucky sat behind Mr. Whitehead.

 At the end of the hearing Judge John Baker cautioned viewers, especially those in cyberspace, not to draw any conclusions from the questions asked by the judges.

Michael Sutherlin first questioned why a police officer was stationed in the courtroom because it was unexpected. Judge Baker’s response is on the tape but he said it wasn’t that odd, they do that frequently these days, it was holiday time and that the officer was there to keep the Judge awake.

 Mr. Sutherlin also asked about 11 court case summaries that Deputy Attorney General Whitehead filed on November 14, 2012 to be able to use in Oral Arguments. Dan’s attorneys did not receive these 11 cases until Monday, November 19, 2012 and they immediately filed asking that Mr. Whitehead not be able to use these cases at this late date. Mr. Whitehead’s deadline for his brief was around June 20, 2012 and now, at this late date, he wanted to add to his brief. I believe the judges said they would comment on the request later but this is also on the tape.

The presentations and questioning began. The court sticks to the time frame.

 When viewing the court hearing the camera apparently has two positions, the attorneys at the lectern and the judges as they are speaking. The observers on camera are Judge James and Heidi Humphrey, Deputy Dearborn County Prosecutor Joseph Kisor, two assistants, and a partial Edward Connor.

 The Judges and their clerks will also rely on the appellant brief, the appellee brief, and the appellant reply. These give a more in depth idea to what is being argued in this case.

 Any comments or questions can be directed to Once again thanks to everyone who has followed this case and been so supportive of Dan and our family.


Monday, November 19, 2012

Blogger’s freedom is on the line in Indiana, Wednesday, November 21, 2012.

The Indiana Court of Appeals is holding oral arguments in the case of Daniel Brewington vs. The State of Indiana on Wednesday, November 21, 2012 at 11:00am. Each side has 20 minutes to present and/or answer questions. The actual arguments can be viewed via video or podcast at:  For more details about the arguments and about the case see .  This entire post gives some insight into what has been going on with the case.  Dan’s case hinges on many issues that are before the court but one common thread that runs throughout is what constitutes freedom of speech and should Dan have been convicted and sentenced to 5 years in prison for criminal charges that resulted from blogging. Dan is currently being held in the medium security prison at Putnamville, Indiana.
Below is from the summary page of the Indiana Court of Appeals. 

 Daniel Brewington vs. State of Indiana
Indiana Court of Appeals
Date and Time:
WED, NOV 21, 2012 at 11:00 AM

Case Number:

Case Summary:
Brewington appeals his convictions for two counts of class A misdemeanor intimidation, one count of class D felony intimidation, class D felony attempt to commit obstruction of justice, and class D felony perjury. Brewington asserts that the trial court abused its discretion in instructing the jury; the evidence is insufficient to sustain his convictions for intimidation, attempted obstruction of justice, and perjury; his convictions constitute double jeopardy; the trial court abused its discretion in admitting evidence; and that the trial court abused its discretion in empanelling an anonymous jury.



Saturday, November 17, 2012

My ex and her lawyer, Angela G. Loechel, want me to go to jail… again

I just discovered that my ex wife’s divorce attorney Angela G. Loechel just filed a request for a hearing on their Amended Petition for Contempt that they originally filed Oct 7, 2010. It defies logic that the request was filed nearly a year prior to my earliest release date listed by the Indiana Department of Corrections, Sept. 9, 2013. It appears some people may be concerned that the Indiana Court of Appeals may overturn my convictions and end my prison stay prematurely. That’s probably why they requested a court date for as soon as I am released, rather than after Sept 9, 2013. 
I wrote a blog about something like this over 2 years ago. Ms. Loechel and her client seem to stop at nothing to keep my children fatherless. Before I even step foot out of prison they are plotting a way to punish me again.  Ms. Loechel was the person who initiated this whole criminal process and she and my ex played a major role in all stages of my criminal prosecution. Now that they believe my name might be cleared through the court of appeals they have become proactive in placing more obstacles in the way of my efforts to be a father. Feel free to read the contempt petition filed by Ms. Loechel and the blog I wrote 2 years ago, about how it seems that Ms. Loechel will stop at nothing in her efforts to portray me as a dangerous parent.