It should
come to no surprise that the Dearborn County Superior Court II disregards fact and Indiana
law when addressing transparency through the release of public records. In the Court’s
order denying my request, Special Judge Brian Hill stated, “Mr. Brewington
has alleged that these audio recordings were admitted into evidence at his
criminal trial, however, the Court finds that they were not, and there's been
no sufficient reason set forth which would necessitate the release of said
audio recordings.” Of course I never alleged the audio was admitted during
trial and Indiana Code 5-14-3-1 clearly "place[s] the burden of proof for
the nondisclosure of a public record on the public agency that would deny
access to the record and not on the person seeking to inspect and copy the
record." Please note that the transcripts from the grand jury proceedings
in my case are already public record. The only reason NOT to release the audio
from the grand jury is to protect public officials who have abused the grand
jury process. Feel free to review the Amended
Request for Grand Jury Audio.
In the
alternative that the Court would make a claim that it does not maintain the
record, I have also sent a public records
request to Dearborn Prosecutor F. Aaron Negangard for the Grand Jury Audio
from the investigative file.
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