Sunday, September 24, 2017

The Indiana Courts Continue to Stall on Case Involving Tampered Grand Jury Records

The following is an except from my latest filing in my post-conviction relief case. On March 31, 2017, I filed a motion seeking summary disposition where I requested the court to vacate my convictions. The Dearborn Superior Court II has failed to issue a ruling on the matter. This seems par for the course especially as it was the Dearborn Superior Court II that altered grand jury records to assist former Dearborn County Prosecutor F. Aaron Negangard prosecute criminal defamation. Negangard currently serves as Chief Deputy for Indiana Attorney General Curtis Hill. Attorney General Hill's office is currently representing the Dearborn Superior Court II in my lawsuit seeking the unaltered audio from my grand jury investigation. (The audio released by the Dearborn Superior Court II contains less information than the transcription of the same audio.) Below is the conclusion appearing at the end of my Request for Ruling on Summary Disposition, dated September 23, 2017:

This is not a John Grisham novel. This criminal case has done immeasurable harm to Brewington’s life. From the beginning of Brewington’s criminal proceedings, the State demonstrated how the entire action was simply a means to silence and punish Brewington for criticizing officials operating within the Dearborn County Court System. This is best demonstrated by the arguments of Chief Deputy Prosecutor Joeseph Kisor during Brewington’s arraignment on March 11, 2011:

“[W]e is asking that the Court consider making conditions of [Brewington’s] bond that he not access the internet, uh, or if the Court would believe that to be too broad, which I'm not sure the State would not concede that but if that were to be considered too broad, we would ask the Court to make a condition of bond that Mr. Brewington not continue to blog about the substance, uh, at least his version of the substance of the case that is here before this Court.” Tr. 19

Kisor later clarified the State’s concerns regarding Brewington blogging during the criminal proceedings:

“So I think it's clear um, that he intends to try this case on his blog and I think that not only could be detrimental to the State. It might even be detrimental to him. But in any event, it's not appropriate”

Deputy Kisor clearly explained that the Office of the Dearborn County Prosecutor had an interest in censoring Brewington. Kisor tried to claim the censorship was somehow a means to protect Brewington’s right to a fair trial, despite the prosecution remaining silent at the beginning of trial when Brewington informed Judge Hill that Brewington had not received any assistance in preparing for trial. Kisor and the Office of the Dearborn County Prosecutor were never concerned about the alleged victims. Kisor was only concerned about Brewington sharing Brewington’s own “version of the substance of the case.” Brewington’s trial was never about the alleged victims in the case and Negangard explicitly stated such during closing arguments:

“That's what this case is about. It isn't about Judge Humphrey. It isn't about Dr. Connor. It is about our system of justice that was challenged by Dan Brewington and I submit to you that it is your duty, not to let him pervert it, not to let him take it away and it happens if he's not held accountable. He's held accountable by a verdict of guilty. That's how he's held accountable and that's what we're asking you to do. You cannot allow our system to be perverted that way. The rule of law will fail and ultimately our republic. I submit to you that that is not a result that we want to have happen. That is why we are here today.” Tr. 504-505

Brewington’s criminal proceedings were never about threats to reputation or safety, because Negangard explicitly said so. Negangard sought and obtained indictments against Brewington under the pretense of intimidation because Negangard argued convictions for intimidation were necessary to prevent Brewington from perverting our system of justice and to hold Brewington accountable like an attorney. These are simply the facts of this case. The State cannot merely retract Negangard’s statements. In an act of inane arrogance, Negangard openly admitted that the State of Indiana sought convictions against Brewington to prevent the fall of the rule of law and ultimately the United States of America. Brewington could not invite this error. Brewington could not defend himself against such. Negangard’s statement serves as a confession that Brewington’s criminal proceedings were beyond unconstitutional, while Judge Hill and Bryan Barrett allowed Negangard to seek convictions against Brewington for perverting the judicial system. Brewington was held on a $500,000 surety/$100,000 cash bond. Brewington was denied access to legal counsel. Brewington was denied the right to an impartial judge. Brewington was denied access to evidence and indictment information. The Dearborn Superior Court II excluded portions of the grand jury proceedings occurring prior to witness testimony. There is no contesting the fact that Negangard affirmatively stated that Negangard sought indictments and criminal convictions against Brewington, under the pretense of intimidation laws, for the “greater good” of protecting the integrity of the judicial system. These are the facts of the case as explained by former Dearborn County Prosecutor F. Aaron Negangard that appear on pages 504-505 of the official transcripts in Brewington’s criminal trial. Brewington is not twisting facts. These are facts of the case as alleged by Negangard, the man who currently serves as Chief Deputy to Indiana Attorney General Curtis Hill.

If this Court should deem this action to be more appropriate for a federal jurisdiction due to reluctance in dealing with abuses by high ranking Indiana officials, Brewington requests the Court to issue an order consistent with such a concern.  

The following is a link to Brewington's Request for Summary Disposition 

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