Monday, September 28, 2015

Back at work. Post Conviction Relief petition in progress.

It's been a while since I've written a blog as I took a little break after the US Supreme Court denied hearing my case. I needed a little time to reflect on the path my life was on and whether I should continue forward with the Indiana courts or just call it quits. I decided to keep pushing and file a petition for post conviction relief because, among many things, I was forced to go through trial with a public defender who refused to meet with me before trial. That's a hard thing to walk away from, especially in light of the growing support from people who have viewed Divorce Corp since the documentary was released on Netflix earlier this month. You grow up with the belief you have a right to an attorney, unless you stand trial for criticizing a judge. The more I dig back into my case the harder I find myself having to work to argue the obvious. I have to provide strategic well considered legal arguments with the understanding that the State of Indiana can cheat at their convenience. So as I continue to work on my current legal petition, let me leave you with an example of the uphill battle before me.  Here's and example of the infinite wisdom of Indiana Appellate Judges Carr Darden, Patricia Riley, and Dearborn County native John Baker in the Appellate decision in my case. They claimed I knew I was was lying when I said Judge Humphrey was unethical. The Indiana Supreme Court disregarded the appellate court's ruling, and found me guilty of making hidden threats despite the fact the prosecution sought indictments for "making over the top" "unsubstantiated statements" against Judge James D. Humphrey and Dr. Edward J. Connor with absolutely no mention of hidden threats to personal safety. Funny how the state of Indiana keeps changing their story.

"Even if the State was required to prove that Brewington knew his internet postings and other communications about Judge Humphrey were false, there is ample evidence of Brewington’s knowledge. His public comments went well beyond hyperbole and were capable of being proven true or false. Over the course of at least a year, Brewington repeatedly called Judge Humphrey a “child abuser.” State’s Ex. 170; see also State’s Ex. 162 (“Judge Humphrey’s actions constitute child abuse”), State’s Ex. 168 (“abuser of children”), State’s Ex. 173 (Judge Humphrey “abuse[s] children who are part of the family court system”). Brewington also called Judge Humphrey “corrupt,” State’s Ex. 160, and accused him of engaging in “unethical/illegal behavior.” State’s Ex. 170.

Brewington argues he was merely stating his opinion that, in constraining his right to see his children, Judge Humphrey was essentially committing child abuse. However, it is clear from the divorce decree that Judge Humphrey, in the exercise of lawful judicial discretion and out of concern over Brewington’s history of “irrational behavior,” State’s Ex. 140, p. 8, imposed reasonable visitation restrictions upon Brewington out of a desire to protect the children’s well-being. Only by willfully misinterpreting the terms of the divorce decree in bad faith could one argue that Judge Humphrey’s conduct constituted an intentional act to harm Brewington’s children. Thus, even if the State was required to prove that Brewington knew his public statements about Judge Humphrey were false, there was ample evidence from which the jury could have concluded that Brewington accused Judge Humphrey of child abuse and professional misconduct while knowing that the accusations were false."

This is why I refuse to be bullied by cowards claiming to be victims. I'm not manipulating information. This is an exact quote from the Indiana Court of Appeals decision in my case. I'd call the above appellate judges anti-American except they may try to arrest me for knowingly stating false opinions. This is why people should speak out. Stay tuned for more ridiculous quotes from Indiana judicial officials.