Showing posts with label Indiana Attorney General. Show all posts
Showing posts with label Indiana Attorney General. Show all posts

Thursday, June 7, 2018

Indiana Attorney General Recognizes Conspiracy to Alter Grand Jury Records

       Recent court filings demonstrate that the Office of the Indiana Attorney General Curtis Hill acknowledges the Superior Court II of Dearborn County, Indiana conspired to alter grand jury records to assist the prosecution convict me. The record tampering takes on much more sinister implications, when considering the that the prosecution instructed me to rely on the grand jury record to prepare my defense. The court filings also show the Indiana Attorney General signed and delivered the legal documents where Rush Superior Court Judge Brian Hill, under penalties of perjury, falsely accused me of harassing Judge Hill. The evidence of the misconduct is currently before the Dearborn Superior Court I and the Indiana Court of Appeals.

Chief Deputy F. Aaron Negangard (left)
w/Indiana Attorney General Curtis T. Hill


My blog has provided the accounts of my criminal prosecution stemming from public criticisms of Indiana court officials. I was detained on a $600,000 bond, given a public defender that refused to meet with or speak to me, and then forced to trial without an understanding of what actions I was required to defend. The trial resulted in convictions requiring me to serve a 2.5-year prison sentence. The former prosecutor of Dearborn County, Indiana argued my writings violated non-existent criminal defamation laws, yet no lawyer nor any Indiana court made any attempt to hold the prosecutor accountable for the unconstitutional grounds he argued for my convictions. The former prosecutor of Dearborn County responsible for my grand jury investigation and criminal prosecution is the current Chief Deputy Attorney General for the State of Indiana, F. Aaron Negangard.

I am representing myself in two legal actions currently pending before the Indiana courts. I filed a petition for post-conviction relief seeking the dismissal of my convictions for several reasons; the most notable being that the trial court staff of the Dearborn Superior Court II altered grand jury records to give the prosecution an unconstitutional advantage. Without the entire grand jury record, I had no way of knowing what actions I was required to defend. For those not familiar with law or Indiana post-conviction procedures, the post-conviction process affords people another means to contest their convictions besides the normal criminal appeal process. The special judge in my post-conviction case, Switzerland County Circuit Judge W. Gregory Coy, summarily dismissed my post-conviction action without a hearing and granted summary judgment/disposition to the State under Rule 1(4)(g) of the Indiana Rules of Post-Conviction Relief. I appealed the decision and the case has been briefed by both parties and is now pending review by the Indiana Court of Appeals. No order has been released on my motion requesting oral arguments before the Court of Appeals.

My other case currently before the Indiana courts is my lawsuit seeking public records, filed in the Dearborn Superior Court I. After determining the Dearborn Superior Court II omitted portions of the grand jury proceedings from the transcription of my grand jury investigation, I requested a copy of the grand jury audio to see if the audio record of the grand jury investigation in my case matched the transcription. Not only did the records not match, the audio contained less information than the transcription. I filed a lawsuit via the Access to Public Records Act (APRA) to obtain the official audio. As both cases have progressed, the Office of the Indiana Attorney General Curtis Hill has stumbled into an unthinkable situation; having to argue against the interests of the Attorney General’s own clients in both of my pending legal actions.

The “clients” of the Office of the Indiana Attorney General Curtis T. Hill, consist of the opposing parties in both of my pending legal actions. In my APRA lawsuit, the AG represents Rush County Superior Court Judge Brian Hill (Judge Hill served as special judge in my criminal trial and held jurisdiction over the release of grand jury records), and the Dearborn Superior Court II under Judge Sally McLaughlin. In the appeal of the summary dismissal of my post-conviction action, the client of the Attorney General is the State of Indiana.

Deputy Stephen Creason

In the appeal of my post-conviction case, Deputy Attorney General Stephen Creason argues the following in the State’s Brief of the Appellee:

“The post-conviction court was also authorized to dispose of the petition under Post-Conviction Rule 1(4)(g). Brewington’s motion for summary disposition was intentionally limited to his allegations related to the grand jury”

The State’s brief specifically addresses my claim that the trial court conspired to alter grand jury records:

“trial court staff allegedly manipulated the record of the grand jury proceeding as part of a conspiracy against [Brewington]”

A key requirement to summary judgment/disposition under Post-Conviction Rule 1(4)(g) is that there can be no genuine issue of material fact. A material fact is a fact relevant to the legal proceeding. Rule 1(4)(g) also provides that “if an issue of material fact is raised, then the court shall hold an evidentiary hearing as soon as reasonably possible.” An issue of material fact occurs when there are two conflicting claims of fact relative to the legal proceeding. For a better understanding of how an issue of material fact arises, consider my claim that the trial court engaged in a conspiracy to alter grand jury records. If Deputy Creason would have argued that my claim was untrue, it would create an issue of material fact because my claim would conflict with Creason’s assessment of fact. To resolve the conflict, an evidentiary hearing would have been necessary. If Deputy Creason would have argued there was no conspiracy to alter grand jury records, the issue of material fact would immediately prove that the order granting summary judgment/disposition to the State was erroneous. Creason’s use of “allegedly” in addressing my conspiracy claim does not relieve the Office of the Indiana Attorney General from the culpability associated with knowing there was a criminal conspiracy to alter grand jury records. Even a claim of uncertainty as to whether the grand jury tampering occurred, creates an issue of material fact. In arguing that Judge Coy properly awarded summary judgment/disposition to the State, Deputy Creason was required to accept my material facts as being true, so Creason argued legal technicalities and procedural bars precluded me from seeking relief from a conspiracy by the trial court to alter grand jury records. Creason’s apparent attempt to capitalize on an erroneous ruling by the post-conviction court inadvertently sabotaged the case of the Attorney General’s client in my public records lawsuit. Creason’s appellate argument, by default, affirms that the Defendant Dearborn Superior Court II, under Judge Sally McLaughlin, engaged in a criminal conspiracy to alter grand jury records with the intent to sabotage my criminal trial.

Yesterday (06/05/18) I was notified that the judge presiding over my APRA lawsuit granted my Emergency Motion to Continue Hearing and Request for Order Compelling Admissions. I requested the emergency continuance for two reasons, the first of which being Judge Brian Hill’s refusal to cooperate with simple admission requests. The second and more disturbing reason for requesting the emergency continuance was that I did not feel safe attending the hearing in the Dearborn County Courthouse following Judge Hill’s false harassment allegation. In responding to my pretrial requests for admissions, Judge Hill argued I tried to harass Hill as an opposing party in a lawsuit:       

Judge Brian Hill 

Rush Superior Court 

"[Judge Brian Hill] objects to the term 'excuses' as the term is derogatory and its use is intended to harass [Judge Brian Hill]. [Judge Brian Hill] further object to the term 'excuses' as it fails to adequately and specifically describe the subject matter sought and is vague and ambiguous and, therefore, requires [Judge Brian Hill] to engage in conjecture as to their meaning. As such, it is difficult to discern what Brewington is asking [Judge Brian Hill] to admit or deny."

The following is the entire statement from which Judge Hill bases his harassment allegation:

“Admit that in an opinion dated April 14, 2016, the Indiana Public Access Counselor deemed Hill's excuses for withholding the grand jury audio to be invalid.”

Deputy Attorney General Marley Hancock currently serves as legal counsel for the defendants in my public record lawsuit. Deputy Hancock and Judge Hill understand that harassing an opposing civil litigant is a crime. No reasonable legal or non-legal person would perceive the singular use of the word “excuses” as an attempt to harass; however, even a baseless harassment claim from a judge could be used to rationalize some form of criminal investigation. As the Indiana Attorney General does not deny that a Dearborn County court altered grand jury records to obstruct my access to indictment information and evidence in my criminal trial, Judge Hill’s claim can only be viewed as a threat intended to place me in grave danger of being subjected to another court-sponsored malicious prosecution in Dearborn County.

The Office of the Indiana Attorney General and other Indiana Court officials have backed themselves into a metaphorical checkmate. Attorney General Curtis Hill’s Office cannot argue both sides of this equation. If Deputy Attorney General Marley Hancock argues the Dearborn Superior Court II did not alter grand jury records, it creates an issue of material fact that decimates the appellate arguments made on behalf of the State by Deputy Attorney General Stephen Creason. Creason’s entire argument before the Indiana Court of Appeals requires Deputy Hancock’s clients to have engaged in a conspiracy to sabotage a criminal trial, which is a violation of federal law, because no issue of fact may exist. As Deputy Hancock signed the responses to Brewington’s admission requests on behalf of Judge Hill, the harassment claim against Brewington may have originated from the Office of Curtis Hill, and not Judge Brian Hill. Such a finding would solidify the true interest of the Attorney General in fighting Brewington’s legal actions; protecting Curtis Hill’s second-in-command. The biggest dilemma facing the Office of Indiana Attorney General Curtis T. Hill is the fact that the prosecutor whom the Dearborn Superior Court conspired to assist is the current Indiana Chief Deputy Attorney General, F. Aaron Negangard.

For further information/evidence regarding the above claims, please feel free to review my Emergency Motion to Continue Hearing and Request for Order Compelling Admissions. The motion filed June 4, 2018 also contains the following documents attached as exhibits A-E:

EXHIBIT A Brewington’s Request for Admissions to Judge Hill

EXHIBIT B Judge Hill’s response to Brewington’s admissions

EXHIBIT C The State of Indiana’s Brief of Appellee, filed by Deputy Creason

EXHIBIT D Brewington’s Reply Brief in response to Creason’s Brief of Appellee

EXHIBIT E Brewington’s Motion for Oral Arguments, filed 5/25/2018 with the Indiana Court of Appeals.


Wednesday, February 7, 2018

Indiana Attorney General Curtis Hill to Defend Civil Rights Violations


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.

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 


Wednesday, May 31, 2017

5 Arguments used by Indiana Attorney General Curtis Hill to Obstruct Access to Altered Grand Jury Records

This is an "either/or situation." Either Chief Deputy F. Aaron Negangard made Dan Brewington the target of an unconstitutional grand jury investigation for criminal defamation; or the Superior Court II of Dearborn County, Indiana omitted constitutionally permissible grounds for Brewington's indictments from the grand jury audio and transcripts to help former Dearborn County Prosecutor F. Aaron Negangard obtain criminal convictions against Dan Brewington. Rather than hold people accountable for the illegal conduct, the Office of Indiana Attorney General Curtis Hill joined the fight for the Defense against Brewington’s lawsuit seeking access to the full record of his already public grand jury investigation. The following are easily disproved arguments and statements by Defendants and the Attorney General in their efforts to cover-up misconduct involving Indiana Attorney General Curtis Hill’s new Chief Deputy, F. Aaron Negangard.    

1.)  "Brewington has, in fact, received the transcripts and audio recordings of the Grand Jury proceedings related to his investigation.” 

-- Page 28 of the Indiana Supreme Court opinion in Brewington v. State states, “Specifically, the prosecutor argued two grounds for Defendant’s convictions, one entirely permissible (true threat) and one plainly impermissible (‘criminal defamation’ without actual malice).” The record of the grand jury demonstrates Negangard provided the grand jury with only the unconstitutional “criminal defamation” ground for Brewington’s indictments. See page 338 of the transcription of the grand jury investigation of Dan Brewington. (Readers are encouraged to review the entire transcript if they have any doubts about Brewington’s claim that Negangard failed to provide any constitutional ground or instruction for making Brewington the target of a grand jury investigation. Readers should also note the investigation lacks any introduction as to the target and nature of the investigation currently before the grand jury, which Indiana Attorney General Curtis Hill claims is not required.)

2.)  “The audio recordings of Grand Jury proceedings should never be disclosed, and should not have been disclosed.” 

-- The record of Brewington’s grand jury proceedings became public record during the course of Brewington’s 2011 criminal proceedings. The entities responsible for what the Indiana Attorney General argues to be the erroneous release of the grand jury record are Rush Superior Judge Brian Hill (Special Judge to the Dearborn Superior Court II) and former Dearborn Court Prosecutor F. Aaron Negangard; aka the a Defendant currently represented by the Indiana Attorney General, and the current Chief Deputy to the Indiana Attorney General.

3.)  “Indiana Code § 35-34-2-10(b) allows the disclosure of transcript of testimony of a witness before a grand jury but ‘only after a showing of particularized need for the transcript.’ Even if Indiana Code § 35-34-2-10(b) did apply, it clearly states that someone may only receive the transcript ‘after a showing of particularized need for the transcript.’” 

-- Defendants argued Brewington failed to show a “particularized need” for the grand jury record, yet Defendant Judge Hill did not place the same “particularized need” requirement on Negangard when the Chief Deputy Attorney General sought to admit the grand jury record as evidence during Brewington’s bond reduction hearing on August 17, 2011. According to the Indiana Attorney General, Defendant Hill and Chief Deputy Negangard essentially conspired to violate Indiana Code § 35-34-2-10(b) because neither made any effort to inquire about or explain the relevancy of admitting the grand jury record as evidence in a public trial: 
MR. NEGANGARD: State's 4 is the Grand Jury testimony in this case your honor.
COURT: Any objection to that Mr. Barrett?
MR. BARRETT: No your honor.
COURT: State's 4 is offered and admitted.
MR. NEGANGARD: State's 5 is the internet postings and all the Grand Jury Exhibits that were presented during the course of the grand jury. It's on a CD.
COURT: And those postings were the exhibits in the Grand Jury?
MR. NEGANGARD: Yes
COURT: Okay. Any objection to 5?
MR. BARRETT: No objection your honor.
COURT: I'll show State's 5 offered and admitted. 
By arguing that a showing of a "particularized need" is required prior to disclosure of a transcript of witness testimony, the Indian Attorney General acknowledges that Brewington was denied additional charging information and/or evidence during Brewington's criminal proceedings. Defendant Judge Hill knew placing the same "particularized need" requirement on Negangard when submitting the grand jury record as evidence would have forced Negangard to provide Brewington with some understanding of the prosecution's case against Brewington.

4.)  “Brewington received the audio recordings of the grand jury proceedings ‘pertaining to the case of State of Indiana vs Daniel Brewington, Cause No: 15D02-1103-FD00084.’” 

-Attorney General Curtis Hill continues to emphasize that Brewington received all audio despite the claim being patently false. See this example of how one grand jury audio file cuts off before the end of the sentence appearing in what was supposed to be the transcription of the same audio. The 11-second file from the Dearborn Superior Court II appears “as-is”. If Brewington received all audio, then Chief Court Reporter Ruwe made up the last part of the sentence. If Ruwe didn’t make up parts of the transcription, the audio was altered to omit content.

5.)  “Brewington claims there is a conflict of interest ‘given that the release of the Grand Jury Audio will demonstrate how Indiana Chief Deputy Attorney General F. Aaron Negangard abused the grand jury process ....’ Brewington's claim is based on a complete and utter misunderstanding of a conflict of interest. First, even if Brewington's hypothetical conspiracy theory were true, the interest would not be materially adverse, Indiana Professional Conduct Rules 1. 7 - 1.11, but would actually be the same in both cases.” 

-- Page 338 of the grand jury transcript demonstrates Indiana Chief Deputy Attorney General F. Aaron Negangard convened a grand jury investigation of Daniel Brewington because Brewington made “over the top” and “unsubstantiated” statements about officials operating within the Dearborn County Courts. If the grand jury record is complete, as the Office of the Indiana Attorney General argues, then Negangard failed to present a constitutionally sufficient ground for convening a grand jury. If Negangard argued the same “true threat” ground for Brewington’s indictment that was argued during trial, the “true threat” ground was omitted from the record of the grand jury. As the grand jury audio is void of the “true threat” ground for Brewington’s indictment, the grand jury audio had to be modified to exclude such. The only way for the conspiracy to not be true is if the Chief Court Reporter Barbara Ruwe acted alone in modifying the transcription of the grand jury record and then later altered the grand jury audio to match; without the knowledge of the Defendants or (then) Dearborn County Prosecutor Negangard. Even if Chief Deputy Negangard and Defendant Judge Hill were unaware of Ruwe omitting indictment information at the time of Brewington’s trial, the petition filed by the Office of Attorney General Curtis Hill still contends that Brewington enjoyed a fair criminal process. The interests of the Indiana Attorney General are obviously averse to Defendants because it was only after being represented by the Attorney General did the Defendants begin to claim it was their own erroneous rulings that made the grand jury record public. If one objectively reviews the contention of the Indiana Attorney General regarding conflict of interest, a conflict only exists in the absence of a conspiracy where the judges acknowledge and release already releasable public records. Judges are not allowed to arbitrarily disregard their own rulings to restrict access to records on the advice of defense counsel, regardless of whether counsel is the Indiana Attorney General. Ignoring the fact that Brewington’s grand jury proceeding has been part of the public record since 2011 is simply an attempt to suppress the fallout resulting from both the unconstitutional grand jury investigation and criminal trial brought by former Dearborn County Prosecutor F. Aaron Negangard; the current Chief Deputy to Indiana Attorney Curtis Hill.

The following are links to some of the recent petitions filed in Brewington’s lawsuit seeking the complete grand jury audio under the Access to Public Records Act (APRA) and Brewington’s action seeking Post-Conviction Relief from the unconstitutional grand jury and criminal proceedings:
Brewington’s Motion for Summary Judgment and Supporting Memorandum in APRA lawsuit.
Defendants’ Cross Motion for Summary Judgment filed by the Office of Indiana Attorney General Curtis Hill, where Defendants seek relief from their own rulings by claiming the already public records are not public.
Brewington’s Amended Response to Defendants’ Cross Motion for Summary Judgement that proves the grand jury record is public record because it includes statements and rulings by the Defendants that verify the grand jury record has been public record since 2011.
Brewington’s Motion for Summary Judgment and Supporting Memorandum in Brewington’s Post-Conviction Relief case. The pleading demonstrates how Negangard forced Brewington to rely on the complete transcript of the grand jury investigation for specific indictment information and then demonstrates how Court Reporter Barbara Ruwe omitted Negangard’s opening arguments from the transcription of the grand jury proceedings; denying Brewington the ability to prepare a defense for trial.
Brewington’s Request for Order to Compel Release of Grand Jury Audio filed in the PCR court. Dearborn County Prosecutor Lynn Deddens represents the State in this case. Deddens is unable to claim the grand jury audio is not subject to release because Deddens lacks Attorney General Hill’s ability to ignore the fact that an Indiana trial court has already ruled that the grand jury proceedings in Brewington’s case are public record.

Wednesday, April 5, 2017

Indiana Chief Deputy Attorney General Lied about Grounds for Prosecution

Constitutional law prohibits prosecutors from requesting convictions against defendants for reasons other than their guilt. The following is an interview from 2013 when Chief Deputy Attorney General F. Aaron Negangard served as Dearborn County Prosecutor. Despite Negangard alleging that my convictions were based on true threats of physical harm and arson, Negangard made no such argument during trial. The altered grand jury transcripts, which were altered by the Dearborn Superior Court II, are void of Negangard giving any true threat instruction for my indictments. The quote scrolling across the top of the screen in the video is the argument Negangard made for my convictions.




The grand jury transcripts in my case demonstrate Negangard made me the target of a grand jury investigation in the absence of a crime. Negangard argued I made "unsubstantiated statements" about Dearborn Circuit Judge James D. Humphrey and Dr. Edward J. Connor, a psychologist often used by Dearborn County Courts. Negangard did not prosecute me for making threats of physical harm. Negangard made me a target of a grand jury investigation and prosecuted me for criticizing officials in the Dearborn County Court System. Now Negangard's new boss, Indiana Attorney General Curtis Hill, is representing the Defendants in my lawsuit seeking the audio from the grand jury proceedings in my case. If Negangard presented a true threat ground for my indictments, Negangard had the true threat ground omitted from the transcription of the audio to deprive me of charging information. If Negangard failed to present a true threat ground for returning intimidation indictments, then the above video is further evidence of Negangard doubling down in Negangard’s efforts to retaliate against my First Amendment Speech. Now, Indiana Attorney General Curtis Hill is saddled with the task of not only representing the defendants in my public records lawsuit, but Hill also bears the responsibility of keeping the records out of the public eye to protect F. Aaron Negangard, Hill’s Chief Deputy Attorney General.

Monday, April 3, 2017

More Examples of Grand Jury Abuses by Officials under Indiana Attorney General Curtis Hill

In addition to changing the official record of grand jury proceedings, Chief Deputy Attorney General F. Aaron Negangard abused the grand jury process by viciously attacking and interrupting a grand jury witness whom Negangard claimed to suffer from psychological problems. That witness happened to be me. During opening arguments in my trial on October 3, 2011, Negangard read from a child custody evaluation released by Dr. Edward J. Connor on August 29, 2007:
“I'm going to read to you some findings about Dan Brewington because I think it's important to note that Dr. Connor hits the nail on the head when it comes to how he describes Dan Brewington…[Brewington] has a severe attention deficit disorder that affects his ability to focus and concentrate. He rambles and forgets, is given to impulsive and incoherent thought. He cannot communicate with the mother with the skills necessary to conduct joint custody. He also gave him a test. The test results said he had a degree of psychological disturbance that is concerning.” Trial transcript pg. 10
First thing to note is Negangard failed to mention the above referenced child custody evaluation recommended that I have near-equal parenting time with my 1 and 3-year-old daughters, which included overnights and weekends. If Negangard really believed I was unable to focus or concentrate and I rambled and forgot what I was saying, Negangard attempted to take advantage of my alleged disability during my voluntary testimony before the grand jury by constantly yelling at and interrupting me. If Negangard believed I was unstable, then Negangard tried his best to light the fuse. When I refused to be baited into Negangard’s trap, his tirades became so abusive that near the end of the below dialogue appearing in the grand jury transcripts, I tried to calmly address the members of the grand jury in an attempt to escape Negangard’s toxic attacks.
MR. NEGANGARD: And you didn't like his opinion either.
DAN: Well because, who?
MR. NEGANGARD: Judge Humphrey.
DAN: Well Judge Humphrey, well the problem was...
MR. NEGANGARD: Yes or no. Did you like Judge Humphrey's...
DAN: Well which opinion are you talking about?
MR. NEGANGARD: His final order.
DAN: The final order?
MR. NEGANGARD: Yes.
DAN: He terminated my parenting time with what Dr. Conner said...
MR. NEGANGARD: Well actually he didn't terminate your parenting time.
DAN: Yes he did.
MR. NEGANGARD: Did he?
DAN: Yes.
MR. NEGANGARD: No, he said, all you have to do, he said you have parenting time pursuant to, all you have to do is get a custody, is get a psychiatric evaluation.
DAN: That's why my case was on appeal. [Humphrey] said that he didn't have jurisdiction any more.
MR. NEGANGARD: [Humphrey] said all you have to do was get a psychiatric evaluation.
DAN: Yes and I was, I was, I tried to get a hearing for that and my hearing was set for June, June 14th...
MR. NEGANGARD: ...you never got a psychiatric evaluation. Correct?
DAN: It just got approved. It's Dr. [Lawlor] and uh, uh, well, let me back up. I had a hearing set for June 14th, it took a, by the final decree in my divorce, by the way there was no mentioning of terminating my parenting time.
MR. NEGANGARD: There was no mention of terminating your parenting time in the final decree.
DAN: Okay, what's the final decree say? Do I get any parenting time
MR. NEGANGARD: That you're not entitled to visitation. it doesn't say terminating visitation, now does it?
DAN: What's that mean? Did he terminate my visitation?
MR. NEGANGARD: No. Until you undergo a mental health evaluation. What is wrong with that?
DAN: Okay, then he terminated then...
MR. NEGANGARD: If you really cared about your children, why wouldn't you have gotten the evaluation?
DAN: Well because the burden of proof shouldn't be on
MR. NEGANGARD: ...if you really cared...
DAN: ...I did get an evaluation....
MR. NEGANGARD: ...about your children...
DAN: ...here's the problem...
MR. NEGANGARD: ...you didn't get an evaluation.. ,
DAN: Yes I did.
MR. NEGANGARD: No you didn't.
DAN: Because on March 13 th, March 17th, I had an attorney, well up until then, Judge Humphrey said he didn't...
MR. NEGANGARD: ...you represented yourself. Correct?
DAN: Well yes up until then, March 17 th, Judge Humphrey said he didn't have jurisdiction of the case because it was in appeal. I got an attorney. He filed a motion so we had a motion to approve a psychiatrist, a Dr. Henry Waite in Cincinnati where both me and my ex-wife reside and Judge Humphrey set a date, in fact, June 14, 2009 or 2010 Five days before that Judge Humphrey recused himself because of, this investigation I guess because I guess you spoke with him or somebody did.
MR. NEGANGARD: That was a long time after this order was issued.
DAN: Yes because he said that...
MR. NEGANGARD: You had plenty of time to get a psychiatric evaluation but instead you chose to appeal it. Correct?
DAN: Well that's the other thing it was he said I had to pay a hundred and twenty.-two thousand dollars ($122,000.00) for the future interest of a trust in farmland that I'm not entitled to so...
MR. NEGANGARD: But that wouldn't prevent you from getting a psychiatric evaluation so you could get your visitation...
DAN: Well I got a psychiatric evaluation. I got two (2) of them. I got one from a Hamilton County Court. I got one from Dr. Henry Waite. I wasn't allowed to bring those because I couldn't approve it. Here I got that...
MR. NEGANGARD: Isn't it true in your internet writings you said how you would not submit to a psychiatric evaluation?
DAN: That was at the very beginning because I was concerned. Okay, let's back up. The problem was, I wasn't given a copy of Dr. Conner's case file, which is...
MR. NEGANGARD: You got several documents...
DAN: Okay.
MR. NEGANGARD: ...you didn't get what you wanted. You didn't get your wife's stuff that you wanted to post on the....
DAN: I didn't get everything
MR. NEGANGARD: ...internet
DAN: ...I didn't get everything...
MR. NEGANGARD: Correct?
DAN: No. It had...
MR. NEGANGARD: ...so what...
DAN: ...nothing to do with that
MR. NEGANGARD: So what, you had this evaluation, you couldn't do a, you couldn't...
DAN: Mr. Negangard you got...
MR. NEGANGARD: ...no, I want you to try...
DAN: ...your facts wrong...
MR. NEGANGARD: ...and finally wake up. Everybody's at fault -- Judge Humphrey's at fault, Dr. Corner's at fault, Amy Streator's at fault, Tom Blondell's at fault, Mike Kreinhop's at fault...
DAN: ...see this is what he does...
MR. NEGANGARD: ...I'm. at fault, the Court of Appeals is...
DAN: ...that's what he does...
MR. NEGANGARD: ...at fault, the Indiana Supreme Court is at fault...
DAN: ...because that's what people like this do. They...
MR. NEGANGARD: ...is that whose all...
DAN: ...point at the person and say they're crazy.
MR. NEGANGARD: ...is that whose all at fault?
DAN: Well hold on.
MR. NEGANGARD: I mean because you've stated in your testimony that all those people are wrong and you're the only one that's right. Correct?
DAN: Let me just read this stuff real quick. Here's the history...
MR. NEGANGARD: Well answer the question. Are all those people wrong and you're the only one that's right? 
Indiana Attorney General Curtis Hill was aware of the above conduct but instead of taking action to protect the public from abuses of the grand jury process, Attorney General Hill rewarded Negangard’s conduct with a promotion. If Hill did address my case with Negangard, Negangard probably just brushed it off as Brewington being crazy; however, if Negangard believed that I suffered from psychological disorders, then Negangard sought to take full advantage of my disability behind closed doors. If Chief Deputy Attorney General F. Aaron Negangard did not believe I suffered from the psychological dysfunction mentioned in Connor’s report, then Negangard knew I was correct in criticizing Dr. Edward J. Connor and Judge James D. Humphrey but made me a target of a grand jury investigation for doing so.
Therefore Indiana Attorney General Curtis Hill does not want the Dearborn Superior Court II to release the full audio record from my grand jury proceedings. If the above is part of what Negangard allowed to be included in the record of the proceedings, there is no telling what information Negangard kept out of the record.
 Here is a link to more information regarding two separate court cases pertaining to the grand jury abuses committed by the right hand man of Indiana Attorney General Curtis Hill. 

Sunday, April 2, 2017

Summary Judgment: Two Legal Proceedings, The Same Abused Grand Jury

DEARBORN COUNTY, IN- In documents dated March 31, 2017, an Ohio man filed motions for summary judgment in two separate court cases involving accusations of grand jury record tampering. In 2011, Daniel Brewington was convicted of intimidation of court officials and served 2.5 years behind bars. The Indiana Supreme Court upheld Brewington’s convictions claiming Brewington’s critical internet speech contained “true threats [that] were carefully veiled” and did not enjoy first amendment protections. Now Brewington is suing for access to grand jury audio and seeking relief from his convictions. Grand jury transcripts demonstrate former Dearborn County Prosecutor F. Aaron Negangard omitted a “true threat” argument from the record of the grand jury, while providing only an unconstitutional criminal defamation ground for indictments; leaving Brewington unable to mount a defense against the “true threat” ground the Indiana Supreme Court relied on to uphold Brewington’s convictions. In addition to being void of a “true threat” argument, the grand jury transcripts in Brewington’s case begin at witness testimony, requiring Negangard to either advise the court reporter to not record the entire proceedings, or to omit any opening arguments from the transcription of the grand jury audio. If Negangard failed to present a “true threat” ground for Brewington’s indictments, Negangard made Brewington a target of a grand jury investigation despite the absence of any criminal activity. Last year the Indiana Public Access Counselor issued an opinion deeming the grand jury audio to be a releasable public record and found the varying excuses for refusing to release the audio were invalid exceptions under Indiana law. Adding interest to the story is the fact Negangard now serves as Chief Deputy to Indiana Attorney General Curtis Hill. In the lawsuit seeking the audio, Brewington has also requested the Court to disqualify Attorney General Hill’s office from representing the Defendants due to Chief Deputy Negangard’s involvement in the matter. Hill’s office is arguing the Dearborn Superior Court II is entitled to immunity from civil actions seeking public records. No hearings have been set on either matter.



Friday, February 24, 2017

Brewington takes new Legal Action in light of Altered Grand Jury Records

The State of Indiana prosecuted me for criminal defamation of court officials. I was given a $600,000 bond, denied charging information, denied evidence, and denied the ability to consult legal counsel prior to trial. The Indiana Supreme Court upheld my convictions based on a hidden threat argument never made by the prosecution. Several years later, I discovered that Barbara Ruwe, Chief Court Reporter for the Dearborn County (IN) Superior Court II, altered grand jury transcripts to assist Dearborn County Prosecutor F. Aaron Negangard in his unconstitutional prosecution against me. (Negangard is now the Chief Deputy Attorney General under Indiana Attorney General Curtis Hill.) When the Indiana Office of the Public Access Counselor deemed the grand jury audio in my case to be a releasable public record, the Dearborn Superior Court II modified the grand jury audio to ALMOST match the transcripts but came up a little short. In modifying the audio, the “official” copy of the audio does not contain the same amount of information as the transcription of the same audio. Page one of the grand jury transcripts is void of any instruction from the prosecutor and begins with witness testimony. This gave Negangard the freedom to request indictments for any alleged conduct regardless of truth, because Negangard knew such instruction would be omitted from the official record. As such, I have refiled my public records lawsuit seeking grand jury audio and I have filed a motion for Post-Conviction Relief to have my convictions thrown out.

Here are links to my Petition for Post-Conviction Relief, my refiled Lawsuit Seeking Public Records, and a letter to the clerk of the Dearborn Superior Court II. It is important to note that Indiana Attorney General Curtis Hill is aware of the above information because I included the above information in a letter to Attorney General Hill sent via certified mail. Feel free to contact the Office of the Attorney General with any concerns about Negangard’s abuse of the grand jury process.


Tuesday, August 30, 2016

Brewington files Motion for Summary Judgment due to Altered Grand Jury Audio

The following is the Motion for Summary Judgment filed in the case of Daniel Brewington v. Dearborn Superior Court II and Judge Brian Hill. Brewington’s motion seeks judgment claiming the material facts of the case are indisputable and Brewington is entitled to relief base on the facts presented. The Dearborn Superior Court II failed to release the entire audio record of the grand jury investigation of Daniel Brewington, which the Indiana Public Access Counselor deemed a releasable public record. The Dearborn Superior Court II altered the official audio grand jury proceedings as the Superior Court II omitted the entire record of the grand jury proceedings prior to witness testimony. Chief Court reporter Barbara Ruwe’s transcription of the grand jury proceedings differs from the audio of the proceedings. The most significant irrefutable fact addressed in Brewington’s petition is any attempt by the Defendants to argue the grand jury audio is unaltered and complete serves as an admission of criminal conduct by several Dearborn County Officials. For these and other reasons, the only remedy for Brewington is for an order demanding that the Dearborn Superior Court II release the entire unedited audio record from the grand jury investigation of Daniel Brewington.

Feel free to view the entire written content of Brewington’s Motion for Summary Judgment. Brewington’s Motion for Summary Judgment places Indiana Deputy Attorney General Joshua Lowry in the position to argue Dearborn County Prosecutor F. Aaron Negangard and the Dearborn Superior Court II selectively recorded the grand jury proceedings to assist the prosecution of Brewington or that the Dearborn Superior Court II erased portions of the grand jury audio. See below to read the motion without exhibits and appendix.

IN THE SUPERIOR COURT OF DEARBORN COUNTY, INDIANA



DANIEL BREWINGTON,

            Plaintiff,
v.

DEARBORN SUPERIOR COURT II
JUDGE BRIAN HILL

            Defendants.
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)           Case No. 15001-1607-PL050
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)
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PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Daniel Brewington (“Brewington”) files this MOTION FOR SUMMARY JUDGMENT against Defendants Dearborn Superior Court II (“DSC”) and Special Judge Brian Hill (“Hill”) in accordance with Indiana Trial Rules of Trial Procedure and in support as follows.
TIMELINE OF EVENTS
1.            “Grand Jury Audio” as discussed in Brewington’s Motion for Summary Judgment refers to the audio record from the grand jury investigation of Daniel P. Brewington, which took place on February 28, 2011, March 1, 2011, and March 2, 2011.
2.            On July 14, 2016, Brewington filed his pro se COMPLAINT UNDER INDIANA ACCESS TO PUBLIC RECORDS ACT (“APRA”) AND FOR INJUNCTIVE AND DECLARATORY RELIEF seeking said audio per the advice of the Indiana Public Access Counselor (“PAC”).
3.            In a letter dated July 14, 2016 (postmarked July 15, 2016) Chief Court Reporter for DSC Barbara Ruwe (“Ruwe”) informed Brewington the audio disc containing the Grand Jury Audio was available at a cost of $300.00. A copy of Ruwe’s letter attached hereto as “Exhibit A”. [Ruwe’s letter claims Brewington never confirmed he wanted copies of the grand jury audio, despite Brewington sending three letters to Ruwe dated May 23, 2016, May 23, 2016, and July 5, 2016. Ruwe also estimated the costs of preparing the audio to be $150 - $300 despite the audio files already being prepared. See “Appendix I” for copies of Brewington’s letters to Ruwe as well as information regarding how the DSC altered the official record of the grand jury audio prior to Brewington receiving the DSC order to release the audio.
4.            Brewington obtained a CD-R allegedly containing the Grand Jury Audio on July 19, 2016. A copy of CD-R containing Grand Jury Audio attached hereto as “Exhibit B”.
5.            Review of the Grand Jury Audio establishes the Dearborn County Superior Court II altered the grand jury audio, thus obstructing public access to the official record of the proceedings.
FACTS SURROUNDING THE INCOMPLETE RECORD
6.            It should first be noted that Hill and the DSC were both aware that the written transcription of the grand jury proceedings in question were incomplete and non-compliant with IC 35-34-2-3(d), yet took no action to address the issue. To the contrary, rather than investigate why Ruwe custom tailored the transcription of the grand jury record that Dearborn County Prosecutor F. Aaron Negangard (“Negangard”) submitted to the trial court during a hearing on August 17, 2011, the Defendants continued to generate excuses as to why release of the official audio is not appropriate. The Defendants have also failed to provide any explanation for Ruwe making unauthorized changes to the official record of a grand jury investigation.
7.            Failure to order the release of an unaltered copy of the official audio record of the grand jury record removes what few safeguards are available to the public against abuses of the grand jury process.
8.            The audio sought is a public record subject to release per the Office of the Public Access Counselor.
9.            There is no order by any court of law authorizing the omission or redaction of any material from the record of the grand jury investigation of Daniel Brewington.
10.         There are no marked redactions in the transcription of the grand jury audio. A digital copy of transcripts attached hereto as “Exhibit C”.
11.         The audio is not [emphasis added] a copy of the official audio record. The DSC omitted all audio in the grand jury proceedings that occurred prior to witness testimony.
12.         The DSC changed the format of the original audio files, deleted file names and then combined and renamed the larger audio files. “Exhibit D” is a copy of the audio from regular court proceedings occurring on September 19, 2011 and October 24, 2011 in the Dearborn Superior Court II. See “Appendix II” for an explanation of the varying recording methods used by the DSC.   
13.         There are statements in the transcripts that do not appear in the audio, which means Ruwe added additional content while transcribing the record or the DSC omitted portions of the audio that were previously available during transcription. See “Appendix III”
14.         In one instance of where the DSC edited the grand jury audio to match the transcripts from the same proceedings, the DSC removed over five minutes of audio, despite the transcripts portraying the dialogue on either side of the omitted audio to be uninterrupted. See “Appendix IV” for an explanation of how the DSC omitted portions of the grand jury proceedings by cutting and pasting the official record.
15.         In an order dated April 20, 2016, Hill stated, “It is the Court's understanding that the Grand Jury impaneled for this matter also heard evidence in four to five other Grand Jury proceedings during this time, often going back and forth between all of the cases. The audio recordings being released shall contain only the matter regarding Daniel Brewington and no other Grand Jury proceedings.” Regardless of Hill’s order, the court reporter does not have the authority to make arbitrary alterations to the official record of a legal proceeding.
16.         Despite the claims of Hill and the DSC, there are no other grand jury proceedings intertwined with Brewington’s proceedings because the audio is void of Dearborn County Prosecutor F. Aaron Negangard (“Negangard”) making any mention of being “back on record” in the investigation of Brewington. See “Appendix IV” for a table documenting how the DSC allows Negangard to disappear and reappear on the official grand jury record without notice.
17.         In Brewington v. State, 7 N.E.3d 946 (2014), current Chief Justice Loretta H. Rush wrote that during trial, “the prosecutor argued two grounds for Defendant's convictions, one entirely permissible (true threat) and one plainly impermissible (‘criminal defamation’ without actual malice). See Tr. 455-56.” at 973. The DSC omitted the true threat instruction from the grand jury record and only included the “plainly impermissible (‘criminal defamation’ without malice)” instruction. The Office of the Dearborn County Prosecutor instructed Brewington to rely entirely on the grand jury transcripts in order to subject the prosecution’s case to adversarial testing, while withholding the constitutionally permissible grounds for prosecution. Negangard and the DSC allowed Brewington’s public defender to prepare a defense against a prosecutorial argument that both Negangard and the DSC knew, or should have known, was “plainly impermissible.”
SUMMARY JUDGMENT IS APPROPRIATE
18.         “Summary judgment is appropriate only where the designated evidence shows there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. T.R. 56(C). For summary judgment purposes, a fact is ‘material’ if it bears on the ultimate resolution of relevant issues.” Sony Dadc U.S. Inc. v. Thompson, 84A01-1507-CT-892 (July 13, 2016)
19.         Over twenty [20] days have expired since the commencement of the above action, per Trial Procedure Rule 56(a)
Any arguments against the above declarations requires the admission of Defendant’s illegal conduct

20.          An attempt to dispute this Motion for Summary Judgment places Defendants’ Counsel, Deputy Attorney General Joshua R. Lowry, in a precarious situation because Lowry must argue his clients, Dearborn County Prosecutor F. Aaron Negangard, and possibly others engaged in a conspiracy to deprive civil rights.
21.          No judge authorized the modification of the grand jury record during Brewington’s proceedings.
22.         Any contention that Hill’s April 20, 2016 order gave Ruwe the authority to arbitrarily modify the official audio from the grand jury audio in copying the official record is an oxymoron as the copy is no longer “official”.
23.         Hill and the DSC cannot encroach on the public’s right to access public records by simply claiming non-releasable records are intertwined with otherwise releasable records. The DSC cannot deny access to public records due to incompetence by the DSC court reporter’s failure to hit “stop” and “record” between any alleged unrelated grand jury proceedings, which would have automatically created separate digital files.
24.         The grand jury record shows Negangard instructing the grand jury that Negangard and his staff believed Brewington violated Indiana’s intimidation statute by making “over the top” and “unsubstantiated statements” about officials operating within the Dearborn County Court System, which the Indiana Supreme Court deemed to be an unconstitutional prosecutorial argument. The DSC excluded the “true threat” instruction given to the grand jury and forced Brewington to trial in the absence of any “true threat” accusation.
25.         Any claim Ruwe received judicial approval to modify the grand jury record would have been ex parte in nature. Such order could have only come from Judge Sally McLaughlin (“McLaughlin”) or Hill. An ex parte order limiting a criminal defendant’s access to charging information would amount to a conspiracy by the DSC and Negangard to sabotage a defendant’s right to a fair trial.
26.         Any argument by the Deputy Attorney General that the audio is complete acknowledges a conscious effort between Negangard and Ruwe to selectively record only portions of the official proceeding that Negangard deemed “beneficial” to the record. In the alternative, Negangard initiated a grand jury investigation and obtained indictments against Brewington under an unconstitutional criminal defamation premise then introduced an entirely different prosecutorial argument during trial, thus obliterating any potential defense by Brewington.
27.         Any contention the audio is complete also acknowledges the DSC employs a different process of recording grand jury proceedings than trial proceedings, which fails to meet the requirements of IC 35-34-2-3(d): “The evidence and proceedings shall be recorded in the same manner as evidence and proceedings are recorded in the court that impaneled the grand jury.” The official record in any DSC proceeding does not begin at witness testimony and includes all dialogue between the prosecutor, judge, and members of the jury, unlike the grand jury record in question.
28.         An argument that the audio is complete also implicates Dearborn County Sheriff Michael Kreinhop in misconduct, as Kreinhop was the witness before the grand jury in the timeframe spanning the five minutes of grand jury audio removed by the DSC. If the audio record is complete, Sheriff Kreinhop observed Negangard eliciting questions from jurors for Sheriff Kreinhop off the record and then instructing Ruwe to begin recording the proceedings at Prosecutor Negangard’s discretion; giving the appearance in the transcription that the questions appeared in real-time. The record of the grand jury proceedings demonstrate how Sheriff Kreinhop touted his experience as a law-enforcement officer and experience with the court system to assist Negangard in seeking indictments against Brewington; however, that experience would also make Kreinhop aware of the criminal aspect of a court reporter selectively recording grand jury proceedings to assist future prosecutions.   
NO ALTERNATIVE REMEDIES AVAILABLE
29.         This Motion for Su­­mmary Judgment has established the DSC withheld an unknown amount of the audio from the grand jury investigation of Daniel Brewington.
30.         There is no “greater-good” standard in the State of Indiana that allows a public agency to secretly alter and/or withhold portions of public records while simultaneously maintaining the records to be complete.
31.         The record of the grand jury proceeding is void of any indication of “four to five” other intervening grand jury proceedings as claimed by Hill and the DSC. Such claim requires a declaration on record of the present case being presented to the grand jury. The absence of such declaration makes it impossible to determine the target of the grand jury investigation at any given time, thus reducing the accuracy of any transcription, not to mention potential confusion to grand jurors. 
32.         Placing any further trust in Hill and the DSC to accurately represent the grand jury record maintained by the DSC is akin to placing Bernie Madoff in charge of auditing his own investment practices in the criminal investigation of Madoff’s investment fraud.  
33.         The only means to determine whether the DSC withheld portions of the grand jury audio or whether Ruwe selectively recorded the proceedings at the direction of Negangard, is to release the entire unedited record.
34.         Anything short of an order demanding the release of the audio in its original format, gives the DSC another opportunity to obstruct the release of records from a grand jury investigation where Prosecutor F. Aaron Negangard abused the grand jury process in order to punish protected speech. Unless this Court wishes to accept the notion that the Dearborn County Superior Court II is exempt from maintaining a record of the entire grand jury process (minus deliberations) as required by Indiana law, the Dearborn Superior Court II sponsors unconstitutional and illegal grand jury investigations.
35.         Given the criminal nature associated with altering grand jury records, First Amendment retaliation, and the actions by Hill and the DSC to obstruct public inquiry into such actions, a potential conflict may arise with the Office of the Indiana Attorney General serving as counsel for the Defendants. Deputy Attorney General Joshua R. Lowry is faced with the potential conflict of representing the Defendants in a civil case where the existence of criminal conduct by the Defendants, or at least known by the Defendants, is likely, thus jeopardizing the ability of the Indiana Attorney General to investigate the matter. The best-case scenario in this situation is Ruwe and Negangard conspired to produce a partial record of a grand jury proceeding to advance the prosecution of protected speech. The worst-case scenario is Judge Brian Hill and Judge Sally McLaughlin (formerly Blankenship) played an active role in the First Amendment retaliation and then actively obstructed the public’s access to the audio from the grand jury proceedings to cover-up the illegal conduct.
36.         Defendants have a history of referring to alleged paranoia and Brewington’s criminal convictions rather than addressing the above issues. Brewington’s requests for the grand jury audio came as a member of the public. Brewington only raises the issue of his criminal proceedings as they are relevant to this request and Brewington’s above statements are far from baseless or excessive suspicions given the unauthorized modifications to the official record of the grand jury proceeding. Rather than listen to Defendants’ allegations of perceived paranoia or ulterior motives, Brewington requests this Court to keep the Defendants’ focus on issues relevant to this cause of action, such as the DSC making unauthorized modifications to the official record of grand jury proceedings.
Remedy
37.         Brewington seeks disclosure of an unedited copy of the Official Audio Record from the Grand Jury proceedings relating to Cause No. 15D02-1103-FD-00084.
38.         Brewington requests all fees and expenses associated with bringing this action.
WHEREFORE, Brewington requests that this Court: (1) issue Summary Judgment in Brewington’s favor declaring that the DSC failed to comply with the laws of the State of Indiana and the rules and procedures defined by the APRA; (2) enter an injunction ordering the Court Reporter of the Dearborn Superior Court II to promptly produce the entire unedited audio record (in its original format) of the Grand Jury Proceedings relating to Cause No. 15D02-1103-FD-00084; (3) award Brewington any attorneys’ fees and costs in prosecuting this action; and (4) award Brewington any other appropriate relief.

Respectfully submitted,


____________________________
Daniel P. Brewington
3 W Central Avenue
Delaware, Ohio 43015


contactdanbrewington@gmail.com