Tuesday, March 19, 2019

Court-Altered Grand Jury Records Poses Dilemma for Indiana Prosecutor

In a criminal case out of the Dearborn Circuit Court involving former NFL player Adam Jones, Dearborn Prosecutor Lynn Deddens has taken offense to the public statements made by Jones's attorney in defense of his client. Prosecutor Deddens now seeks to prohibit further public comments on the matter. In a motion currently before Circuit Judge James D. Humphrey, Deddens argued:

“Further, Attorney Weldon has given on camera interviews to local television stations which have been broadcast and are on their websites, in which he elaborates on these allegations, in a manner which implicitly casts aspersions on the integrity of the Court and the Prosecuting Attorney” 

The dilemma facing Prosecutor Deddens is evidence of her knowledge of a motion filed in the Dearborn Superior Court I. The motion implicates Judge James D. Humphrey in a controversy involving the tampering of grand jury records. On March 19, 2019, I sent the below letter to Dearborn County Prosecutor Lynn Deddens with the attached motion detailing grand jury record tampering by Dearborn County officials; specifically, Dearborn Superior Court II Judge Sally McLaughlin and Dearborn Circuit Court Judge James D. Humphrey. Prosecutor Deddens has long been aware that Dearborn County officials altered grand jury records to obtain convictions in Dearborn County Courts, but now the Dearborn Superior Court II is pointing at Circuit Judge James D. Humphrey as potential suspect in withholding grand jury information in a criminal proceeding where Humphrey was an alleged victim.

Judge Humphrey set a hearing in the Jones's case for March 21, 2019 on Deddens's motion. Deddens will be tasked with arguing why Adam Jones's attorney should be restricted from commenting on the fairness of the criminal process in Dearborn County when Deddens has a reasonable belief that Judge Humphrey's court is complicit in the altering of grand jury records.

The letter to Deddens states as followed:

Prosecutor Lynn Deddens
Office of the Dearborn County Prosecutor
165 Mary St
Lawrenceburg, IN 47025

March 19, 2019

Dear Prosecutor Deddens,

Please see the attached petition filed in the Dearborn Superior Court I, Cause No. 15D02-1702-PL-00013. I am forwarding copies of the plaintiff’s Request for Ruling on Motion to Compel Release of Grand Jury Audio to law enforcement, attorneys, and other appropriate entities as the pleading details an ongoing conspiracy involving the tampering of grand jury records in Dearborn County. The list of Dearborn County officials involved in the grand jury record scandal includes, but is not limited to, Dearborn Superior Court II Judge Sally McLaughlin, Dearborn Circuit Court Judge James D. Humphrey, Superior Court II court reporter Barbara Ruwe, and former Dearborn County Prosecutor F. Aaron Negangard.

Cause No. 15D02-1702-PL-00013 is a public records lawsuit seeking the audio record from the grand jury investigation of Daniel Brewington. The main issue before the court is not whether the grand jury audio is a releasable record. In an opinion dated April 14, 2016, the Indiana Public Access Counselor deemed the audio to be a releasable record. On April 20, 2016, the Dearborn Superior Court II issued an order authorizing the release of the grand jury audio. Problematic is the fact that some of the grand jury audio has been altered, withheld and/or destroyed by Dearborn County courts. In 2011, court reporter Barbara Ruwe prepared a transcription of the grand jury investigation. In 2016, the Dearborn Superior Court II prepared and released a copy of grand jury audio that failed to contain as much information as the original transcription of the proceedings. By default, at least one of the records were altered, while both records omit all content of the grand jury investigation prior to witness testimony. The Defendants in the public records lawsuit argue the Dearborn Superior Court II has no more grand jury records to release in the matter. During a September 14, 2018 status conference in Cause No. 15D02-1702-PL-00013, Special Judge Darrell Auxier stated he was informed that another court maintained a portion of the audio record, which would prolong the production of the official audio for in-camera review. As Cause No. 15D02-1702-PL-00013 is a case in the Dearborn Superior Court I, by default, the court maintaining the additional grand jury audio is the Dearborn Circuit Court, under Judge James D. Humphrey. This is especially problematic as Judge Humphrey testified as a victim before the same grand jury on the first day of the three-day investigation. The first day of the investigation occurred in the courtroom of the Dearborn Juvenile Court, which falls under the jurisdiction of Dearborn Circuit Judge James D. Humphrey. The Dearborn Superior Court II claims to have no more audio to release. By default, the missing audio from the opening of the grand jury investigation would fall under the responsibility of Judge James D. Humphrey.

In State of Indiana v. Daniel Brewington, cause no. 15D02-1103-FD-000084, the Office of the Dearborn County Prosecutor instructed the defendant to rely on the complete transcription of the grand jury investigation for specific indictment information and evidence in a case involving alleged defamatory speech about Judge James D. Humphrey. Evidence suggests that Judge James D. Humphrey withheld grand jury records to sabotage the criminal defense in a case where former Dearborn County Prosecutor F. Aaron Negangard named Humphrey as a victim. Regardless of which court or individual(s) altered the records, there is an ongoing conspiracy by Dearborn County Courts to coverup and obstruct access to the missing grand jury audio. Even an argument that the opening to the grand jury investigation was never recorded requires the understanding that Dearborn Superior Court II Judge Sally McLaughlin and Dearborn Circuit Judge James D. Humphrey enable the Office of the Dearborn County Prosecutor to conduct grand jury investigations under the cover of darkness.
Please feel free to contact me with any questions. The failure to hold Dearborn County officials accountable for tampering with grand jury records implicitly casts valid aspersions on the integrity of the Court and the Prosecuting Attorney.

For your convenience, a copy of this letter with attachments is available at www.danbrewington.blogspot.com.

     Very truly yours,

     Daniel Brewington



cc: Del Weldon