The "Do What I Think or You're Gonna Die!" Threat Test

Here is an example of a legitimate test for a true threat as explained to the jury in the closing arguments by the government in the case of U.S. v. Turner; 720 F.3d 411 (2nd Cir. 2013):

“In this country, you can criticize people, you can use hate speech, love speech, or anything in-between. But the minute you say [" ]do what I think or you're gonna die,[" ] that's not protected speech. And that's what the judge will instruct you, that threats, as defined by these instructions, [are] not protected by the First Amendment. You don't have to let that be part of your analysis at all.”

“Do what I think or you’re gonna DIE” was the government’s explanation of the true threat test the jury was to rely on.  Dearborn County Deputy Prosecutor Joseph Kisor provided the jury with a different standard of review of a true threat:

“These threats weren't just little opinions, little criticisms. You know maybe they were. Maybe they were if he was [man] enough to write Judge Humphrey or Ed Connor a letter and say you're a liar, you're a child abuser, you screwed me, blah, blah, blah, blah, blah. But when you do this over and over and over again with only one purpose to harass and bring them to ridicule and put them in fear, that is not an appropriate exercise of speech. That's a crime. That's a bunch of crimes and that's why he's sitting right there.”

Dearborn County Prosecutor F. Aaron Negangard gave his own explanation to the jury of what defined criminal threats:

“Is this political speech or is this something intended to punish Judge Humphrey for ruling against him?  You get to decide but I think the evidence is clear and it's clear beyond a reasonable doubt.”

“That's the law and you can't go so far as to lie. He just didn't say he's a bad judge, he's not a fair judge, he didn't listen to me. That's fine. He could have even called him a son-of-a-bitch if he wanted, alright? That's probably okay. Not smart but probably okay. Not smart when you got cases in front of him. But he can say that. But what he can't say, he's a child abuser because it's not true”

That's clear evidence of his intent here ladies and gentlemen.  It's not a political discourse. It is so he can humiliate, expose Judge Humphrey to hatred, contempt, and ridicule.”

Then Deputy Kisor said American soldiers did not fight and die to give me the ability to criticize the family court system (Which by the way deeply offended some friends and family of mine who served in Vietnam):

“He was taking on our judicial system.  Why? Because after full and fair hearing, he didn't like the way the facts came out. He didn't like the way they were going to come out. He wasn't just taking on Judge Humphrey. He was taking on everything about our legal system that people have fought and died for. You know what, I don't think any American Soldier ever lost his life, gave his life in any war so that Dan Brewington could threaten Judge Humphrey and Heidi Humphrey and Ed Connor and Sarah Jones-Connor.”

Deputy Kisor explained the “WHOLE intent” of my actions:

“This is the one [Dan Brewington] just could not stop doing — exposing the people that he was threatening through the hatred and contempt and disgrace and ridicule. That was his whole intent. That's his only intent. There's no legitimate purpose for what he did except that and the other possible threats.”

My prosecution/persecution was never about law; it was about protecting Child Psychologist Dr. Edward J. Connor and Dearborn County Circuit Court Judge James D. Humphrey.  My intent has always been to share my story regarding my experiences in dealing with these less than desirable court “professionals.”  If reporting their actions causes them fear, I’m sorry about their luck.  The most disturbing part of my case is the Indiana Supreme Court decision, written by newly the appointed Chief Justice, Loretta H. Rush.  Prosecutors Negangard and Kisor spent three days complaining about how many times I called Judge Humphrey a child abuser or how I called Dr. Connor a pervert for only asking women sexually provocative questions during custody evaluations.  They did not argue I made any direct or indirect threats.  They both argued that, as deputy prosecutor Kisor stated, all of my “little opinions” and “little criticisms” amounted to threats to personal safety because I over did it with the free speech.  Justice Rush and the other four Justices decided to protect their own as well by claiming I had a history of violence against the victims but the opinion by high court of Indiana was “surprisingly” void of any examples of said violence.  Hopefully the United States Supreme Court will see the importance of accepting my case.  Please forward this information to anyone who understands the importance of free speech and the right to criticize government officials.