The State of Indiana offers a post-conviction remedy to
“[a]ny person who has been convicted of, or sentenced for, a crime by a court
of this state, and who claims that the conviction or the sentence was in
violation of the Constitution of the United States or the constitution or laws
of this state. I filed a petition for Post-conviction but Judge
W. Gregory Coy summarily denied my petition. In an order lacking any
foundation in law, Judge Coy ruled there was no factual basis to any of my 20 claims,
granted summary judgment in favor of the State (in spite of the State arguing summary judgment was not available), and dismissed my entire petition
without hearing. On 02/05/2018, I filed my appellant
brief and supporting
appendices in the appeal of Judge Coy’s ruling.
Indiana Courts continue to ignore the fact I had no
assistance of counsel in preparing for trial and how no one would explain
what illegal acts were responsible for my indictments and convictions. Complicating matters is the prosecutor in my trial is now Chief Deputy to Indiana Attorney
General Curtis T. Hill. Attorney General Hill has taken on the case himself on
behalf of the State and on behalf of the personal interests of his chief
deputy, F. Aaron Negangard.
The evidence clearly demonstrates that the prosecution by
Negangard was an illegal act to punish my critical speech directed at Dearborn
County court officials, under the guise of a grand jury investigation and criminal
prosecution. Negangard admitted to such in his closing arguments to the trial
jury:
“I submit to you that that is not a judicial system we
want. 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.” Tr.
504-505 -Indiana Chief Deputy Attorney General F. Aaron Negangard.
These are Negangard’s statements. This is a federal crime.
Negangard admitted the purpose of obtaining grand jury indictments and criminal
convictions were just a means to stop me from perverting the Indiana’s system
of justice. Negangard made up crimes to prosecute me for speech Negangard did
not like. There were no objections by the trial judge or my public defender, only
supporting the fact that they had no interest in protecting me from Negangard’s
malicious prosecution. Adding fuel to the malicious prosecutorial fires were
the allegations by deputy prosecutor Joeseph Kisor. During closing arguments,
Kisor told the trial jury that I could potentially murder someone in the
courtroom during trial with a .357
Magnum handgun:
“Would you be afraid if you knew right now, based on what
you've seen and what you've heard, the distorted thinking, the almost maniacal
attacks that he will go, the steps he will go to, to attack people. Would you
be afraid if you knew and I hope to God he doesn't but if he had a .357 in his
pocket right now, would you be in a little bit of fear? Man, I would.” Tr. 451 -Deputy
Prosecutor Joeseph Kisor.
These are acts of official misconduct that Indiana Attorney
General Curtis T. Hill seeks to defend. Negangard admitted to such. There is no
other side of the story. Any claim that Negangard’s statements were rhetoric
meant to inflame the passions of the jury is still an allegation of misconduct:
“[I]t is misconduct for a
prosecutor to request the jury to convict a defendant for any reason other than
his guilt or to phrase final argument in a manner calculated to inflame the
passions or prejudice of the jury.” Neville,
976 N.E.2d at 1264
Judge Coy lied in his contention there was no factual
basis to my claim. Chief Deputy Attorney General F. Aaron Negangard doesn’t shy
away from retaliating against people under color of law. Now Negangard’s boss,
Indiana Attorney General Curtis Hill has accepted the task of covering up Chief
Deputy Negangard’s misconduct, while arguing that the Indiana Court of Appeals
should uphold my unconstitutional convictions.
Stay tuned for more information.
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