Sunday, May 25, 2014

The Lie of "Invited Error" in Brewington Case

It is truly frightening that a state supreme court justice would set out to write an opinion that was void of precedence and law in an effort to restrain free speech.  Even worse is that a justice would dare to construct the language and context of her ruling in such a manner to provide a fa├žade of judicial legitimacy.  When I first read the decision of the Indiana Supreme Court in my case, written by Justice Loretta Rush, I verbalized how I felt Justice Rush threw Dearborn County Prosecutor F. Aaron Negangard under the bus for failing to instruct the jury of the difference between what were considered threats of reputation and threats of violence.  Since then my opinion has changed. Justice Rush wrote it was trial strategy by my public defender, Bryan Barrett, to NOT inform jurors the difference between threats to safety and threats to reputation. On the surface it appears Rush believed that Negangard somehow slipped up and failed to mention the difference during trial and Barrett saw the blunder and took advantage of it by not doing anything about it. Rush rationalized Barrett not doing anything was a strategic decision. Rush argued that bringing attention to the difference between threats of reputation and threats of safety would have made Negangard aware of his "blunder" and then he would have been able to argue the difference. This in itself is ridiculous because any appeal could be denied by "invited error" because Rush placed the responsibility on the Defendant's counsel to correct (what Justice Rush perceives to be) the prosecutor's "flawed" trial strategy or risk waiving the ability to appeal an issue. As I said earlier, my thoughts have changed about Negangard being thrown under the bus. After rereading Rush's opinion and trial transcripts, Rush just made up the argument to affirm the opinion. Negangard did not forget to inform the jury of the difference between threats to safety and reputation because Negangard never argued that I ever made a threat of illegal conduct of any kind. He argued all of my speech was intimidating because it was over-the-top, false, etc... He said my words were "fighting words" made to invoke a violent reaction.  He also argued that Indiana law allowed criminal prosecution for libelous speech in extreme circumstances. Negangard never made the argument that I made a threat of violence or illegal activity against anyone. The whole "arson" allegation was never raised until after the trial. My "pyromaniac" analogy, about my ability to challenge the family court system (which was posted several months prior to Humphrey ruling on my divorce), was read during trial without saying when it was made or without any speculation as to whom they felt it was directed. During the appeal process, the AG called it a threat of arson to Humphrey, which is ridiculous. At the time the post was made, Humphrey had barely been on my divorce case and had not made any substantial rulings. Looking at it objectively, even if you contend that I am some sort of diabolical madman, why wouldn't someone assume the threat would have been directed at the original judge in the case, Judge Taul, or Dr. Connor whom I had been harshly criticizing? Why wouldn't someone assume I directed it toward my ex or her attorney, Angela Loechel? Because they needed the statement to be used against Humphrey because that was the only thing the AG and the higher courts could find in any of my writings that they could distort to resemble a threat against Humphrey.  We’re talking somewhere in the vicinity of over a quarter-of-a-million written words and that was the only statement Justice Rush and the AG could come close to claiming was a threat to personal safety.  As for the threat against Dr. Connor, claiming that my analogy drawing the difference between a complaint about a plumber and a psychologist was a threat against Dr. Connor is absurd. Even if I had written “I want to punch Dr. Connor in the mouth,” my history of non-violence would lead a reasonable person to believe the statement was an expression of anger or frustration.  With that being said, saying you “want” to do something and saying you are “going” to do something are two different things altogether.  But the court introduced the “context” argument which allowed Justice Rush to determine her opinion of the context of my opinions.  This is the same woman whose Husband was almost murdered by one of her former clients in a home invasion.  This is the same woman who graduated with Humphrey and served on committees with Humphrey for over four years.  Justice Rush did not throw Negangard under the bus, she just lied about Negangard failing to explain the difference between threats of harm to reputation and threats of harm to personal safety because Negangard never claimed there were threats to personal safety.  If I would have made a threat of violence, my trial would have lasted 10 minutes.  “Dan Brewington wrote, ‘I am going to … blah, blah, blah…’ Ladies and gentlemen of the jury, here is the threat.”  That would have been it.  There was no threat and no invited error.  Justice Rush chose to protect Humphrey over upholding the 1st Amendment of the US Constitution.

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