Thursday, February 14, 2013 Dan Brewington’s attorneys filed the Petition to Transfer to the Indiana Supreme Court. This is the next step in the battle, not just for Dan’s Constitutional Rights, but for the rights of all American citizens.The vast majority of the brief, pages 4-13, argues the First Amendment, Freedom of Speech, and other legal issues related to the Intimidation and Obstruction convictions, but on pages 13-14 they also argue the perjury conviction. “The Court of Appeals erred in holding that this evidence was sufficient to sustain Brewington’s perjury conviction. It also sanctioned the prosecutor’s misconduct. The testimony cited above ( p. 14) shows that Brewington was cut off mid-sentence. Brewington could not complete his explanation later. The State should not be able to prosecute a witness for perjury based on an incomplete statement when the state is responsible for it being incomplete.” “Grand juries are meant to seek the truth, not to play “gotcha.”
The Petition to Transfer.