Below is a Public Record Request for the audio
from the grand jury proceedings initiated by Dearborn County Prosecutor F.
Aaron Negangard on January 15, 2011 to investigate the internet writings of Dan
Brewington. Negangard initiated the investigation, five days after the Indiana
Supreme Court dismissed a complaint that Brewington filed against Negangard.
Negangard initiated the grand jury proceedings through the court of Dearborn
Superior Court II Judge Sally A. McLaughlin (Blankenship at the time) to
determine if making “unsubstantiated” and “over the top” statements about
officials operating within the Dearborn County Court System violated First
Amendment law. Brewington was indicted and convicted for criminal defamation
but Brewington’s convictions were upheld upon a hidden threat argument first
raised by Chief Justice Loretta H. Rush and the Indiana Supreme Court, despite
the term “hidden threat” never appearing in the record of the trial or the
transcripts from the grand jury proceedings. Prior
requests for public records regarding Brewington’s case
have prompted Judge McLaughlin’s (Blankenship) court to issue claims of lost
documents and missing records, while responding to requests for public record
with unsigned and untitled documents. Judge McLaughlin (Blankenship) is now one
of thirty applicants to fill an Indiana Supreme Court position becoming
available with the retirement of Justice Brent E. Dickson.
Brewington’s case is flooded with
constitutional violations that the Indiana Supreme Court claimed were waived by
the trial strategy of Brewington’s public defender, Bryan E. Barrett, whom
refused to speak with Brewington prior to trial and prohibited Brewington from
any participation in the preparation of Brewington’s own defense strategy. The
CCS
in the case demonstrates how the Trial Court and Prosecution attempted to try
Brewington prior to Brewington receiving the evidence from the grand jury,
which the State claimed to form the basis of the non-specific general
indictments. The grand jury evidence was not released until August 23, 2011, seven days after the original vacated trial date. As the trial court already authorized the release of the
transcripts of the grand jury [Brewington
Grand Jury Transcripts], the release of the audio
only serves as an appropriate check on transparency of the courts and provides
the public an educational insight to an otherwise very secretive prosecutorial
process.
Feel free to read Brewington’s Public
Records Request for the Grand Jury Audio addressed to
Dearborn County Superior Court II Judge Sally A. McLaughlin (Blankenship),
current applicant to the Indiana Supreme Court. See also Brewington’s Public
Records Request for the Court Audio from Brewington’s trial addressed to Judge
McLaughlin (Blankenship), which includes an
order from the Dearborn County Superior Court II
denying that previous hearings in Brewington’s criminal proceedings actually
occurred. Any questions or concerns about the transparency of Indiana Courts or
about Dearborn County Superior Court II Judge Sally A. McLaughlin (Blankenship)
or any other current applicant seeking to fill the position of retiring Indiana
Supreme Court Justice Brent E. Dickson
can be directed to the Commission on
Judicial Qualifications. Judge McLaughlin has seven
days to respond to Brewington’s public records requests and responses from
Dearborn Superior Court II will be posted on this blog. A denial of the request
will be challenged in a hearing pursuant to Indiana law. See below for more information
on the contact and member information of the Indiana Supreme Court Commission
and a list of the thirty applicants for the open position of the Indiana Supreme
Court. Check out the Indiana Law Blog
for scheduling
of public interviews for the below candidates.
Indiana Supreme Court Commission on
Judicial Qualifications
Chief Justice Loretta H. Rush, Chair
David Tinkey, First District
Charlie Berger, First District
Lynette Long, Second District
Lee Christie, Esq., Second District
John O. Feighner, Esq., Third District
Rudy Yakym III, Third District
Staff Contact
Division
of State Court Administration
30
S. Meridian St., Ste. 500
Indianapolis,
IN 46204
317-232-4706
317-233-6586
[fax]
Lilia G. Judson, Esq., Interim Chief Administrative Officer
David J. Remondini, Esq., Interim Executive Director
Adrienne
L. Meiring, Counsel
Robin
Meyers, Paralegal
Applicants for Indiana Supreme
Court Justice
Mr. Thomas P. Yoder
Mr. Geoffrey G. Slaughter
Mr. Thomas E. Wheeler, II
Hon. Thomas J. Felts
Mr. Peter J. Rusthoven
Hon. Vicki L. Carmichael
Mr. David E. Cook
Mr. Curtis E. Shirley
Mr. Mark A. Lienhoop
Hon. James R. Ahler
Hon. Sally A. McLaughlin (Blankenship)
Hon. Matthew C. Kincaid
Ms. Jaime M. Oss
Hon. Larry W. Medlock
Mr. John H. Shean
Hon. Steven L. Hostetler
Mr. E. Nelson Chipman, Jr.
Ms. Leanna K. Weissmann
Hon. Frances C. Gull
Hon. Darrin M. Dolehanty
Ms. Elizabeth C. Green
Mr. Bryce D. Owens
Mr. Ted A. Waggoner
Hon. Kit C. Crane
Hon. Paul R. Cherry
Rep. Thomas W. Washburne
Mr. Thomas M. Fisher
Mr. Lyle R. Hardman
Ms. Karen A. Wyle
Hon. Steven R. Nation
