Dearborn County, Indiana – In a recent
court order from the Dearborn County Superior Court II, Special Judge Brian
Hill ordered Chief Court Reporter Barbara Ruwe to copy and paste portions the
official audio from a grand jury investigation that took place on 2/28/11, 3/01/11,
and 3/2/11. On 2/15/11, Dearborn Prosecutor F. Aaron Negangard named Dan
Brewington, of Norwood, Ohio (Cincinnati), a target of a grand jury
investigation for criminal defamation arguing Brewington made (according
to transcripts) “over the top, um, unsubstantiated statements” about Dearborn
Court Officials. Brewington was named a target of the investigation just five
days after the Indiana
Supreme Court’s 2/10/11 dismissal of a complaint Brewington filed against
Negangard. Brewington, whose story is featured in the documentary DivorceCorp currently on Netflix, was indicted,
convicted, and served a 2.5 year prison sentence. Brewington is now crying foul
and seeking access to the audio behind the grand jury transcripts submitted
during Brewington’s trial claiming that the grand jury records were altered. After
providing conflicting reasons why not to release the audio, Brewington filed a complaint
to against Hill with the Office of the Indiana Public Access Counselor
(PAC). The
PAC’s advisory opinion agreed with Brewington that Judge Brian Hill erred
in not ordering the release of the audio. Rather than provide the entire
official audio record of the proceedings, in a filing dated 4/20/16, Judge
Hill ordered Ruwe to cut and paste audio from Brewington’s three day grand
jury proceeding. Hill ordered the reconstruction of the official record after
an unnamed source advised Hill that Brewington’s grand jury “also heard
evidence in four to five other Grand Jury proceedings during this time, often
going back and forth between all of the cases” thus restricting the release of
the audio to “only the matter regarding Daniel Brewington and no other Grand
Jury proceedings.” In a recent blog on www.DanBrewington.blogspot.com,
Brewington’s new
request for public records allege the grand
jury transcripts make no mention of Prosecutor Negangard instructing the grand
jurors when he switched back and forth from Brewington’s case; making it
impossible to determine whether Negangard presented unrelated evidence against
Brewington, altered the grand jury record, or if the other grand jury proceedings
ever took place. [Note: Transcripts from Brewington’s grand jury are void of any
procedural instructions to jurors and demonstrate Negangard
disappearing and reappearing from the record in the middle of witness
testimony without explanation.] Transcripts
from a 7/18/11 pretrial hearing in Brewington’s case show Deputy Prosecutor
Kisor telling Judge Hill the prosecution would provide specific evidence of
criminal activity if “particularly” requested by the court while advising Brewington’s
attorney that the prosecution’s case relied on the complete transcripts of the
grand jury proceedings. Now it appears the record that Kisor stated should form
the foundation for building Brewington’s criminal defense was incomplete or
altered from the beginning. As of the date of publication of this article,
neither Negangard nor Hill have responded to Brewington’s
latest request.
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