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.