Happy 7th Birthday. Daddy wishes he could be there

My daughter Mary turns seven today and I still can't see her and her sister. I still have a long hard battle in front of me because no one will let me see the evidence behind the court's findings that I have the potential to cause harm to my children. How does a father prove that he is not a potential danger to his children? I have a flawless parenting record, I've never been accused of abusing or neglecting my daughters, and during the course of a 2 1/2 year divorce, no one tried to modify or restrict my parenting time.

Judge Humphrey took away my children because he said that I may have the potential to harm them. He referred to Dr. Connor's testimony but wouldn't allow me to see Dr. Connor's records. How can I prove that I won't do something bad in the future; especially when there is no evidence that I did anything wrong in the first place? Dr. Connor testified that he thought that I "may" begin to coach my children against their mother. He was allowed to say these kinds of things and I had no way to dispute them. For some reason the fact that I never did these things was not sufficient to prove that I wouldn't do them in the future.

My ex wanted me out of my daughters' lives so she and Dr. Connor entered into different contracts and then used them to obstruct my access to evidence. When I questioned it, they attacked me. They claimed that the contract was the normal contract that was signed at the beginning of custody evaluations. Dr. Connor claimed that I couldn’t understand his policies no matter how many times he explained it to me. At the last minute, they said, "Oops, it was a mistake. Our bad" and then they claimed that I was paranoid because I felt they conspired against me. Dr. Connor said crazy things like my writings were similar to those of individuals who commit horrendous crimes against their families. My ex claimed that I became so verbally abusive that she had to take the children into the bathroom, lock the door, and run water in the tub and sing songs to the girls to block out the yelling. How do you refute lies like that? Bring in an FBI profiler to study my writings? If my ex was that afraid of me, why didn't she call 911? She didn't have any problems having me arrested for calling the girls on the phone, which was in line with the Indiana Parenting Time Guidelines. Better yet, she told her story as if the locked bathroom door protected her and the children from terrible harm. As responsible parents, we always kept a key for the bathroom door handy in case the girls would lock themselves in. If her story was true, why wouldn’t I have unlocked the door? The better question is, if I was verbally abusive to the children or around the children, why was there no mention of my daughters ever being afraid or uncomfortable with me. In fact, Dr. Connor’s report stated that the girls were very comfortable with me and that I had excellent parenting skills. This is what I have to fight against. First they claimed that I didn't take the children to the doctor and then turned around and said that the only reason I took them to the doctor was to try to act like a primary parent. My ex said that the girls were not safe sleeping on the second floor at my house because I didn't properly block the steps. After I moved both of the girls' beds into my 15' x 25' bedroom and double gated the doorway, she expressed "concerns" about the girls' sleeping arrangements, but no one wanted to elaborate on what the "concerns" consisted of because there could be severe legal ramifications for "those kinds" of false accusations. When my ex claimed that I left firearms lying around the house after she filed for divorce, I bought a gun safe and moved my guns from the locked closet to the safe. Then I was accused of only getting the safe to appease her and she even listed the safe as a marital asset. In 2005, my ex called the police because she said I wouldn't let her leave with our daughter. When the police arrived, they made her leave, alone. When this was brought up in court, she and Dr. Connor claimed that the police officer, who is now the Sheriff of Ripley County, didn't ask her for her side of the story. When I received help from my mother during the divorce, they claimed I dumped my children on my mother. When my ex received help from her parents, they claimed it was necessary in order to help her out during the tough divorce. All of my "problems" were attributed to my "severe" ADHD. All of her problems were attributed to my "severe" ADHD. They said I did not take responsibility for my actions. They claimed that I was responsible for her problems. Now I have to overcome all of this without having access to the evidence that "supports" the allegations against me.

Here's my dilemma, for some reason showing up in court and demonstrating that I have never done any of the things that they say that I might do, is not a valid defense. No one ever claimed that I ever brought harm to my children; they just claimed that I "might" do it in the future. How long do I have to continue not harming or harassing people before a judge will determine that I am not going to begin to do the bad things that people are claiming that I “might” do? I don’t need a psychological evaluation; I need a fortune teller because I need someone who will testify that, in the future, I continue to conduct myself in a responsible and law abiding manner. Maybe by the time my daughters turn 18, people will realize that I have never nor will I ever do anything to hurt my children or anyone else. The people who are hurting my children are the people who are preventing my daughters from spending birthdays and holidays with their father. Happy 7^th Birthday Mary. I’m still the kind and loving father that I was before the mean people took your daddy away. For more history on my story, go to www.danhelpskids.com.

For some reason, the Dearborn County Surveyor is involved in my case.

You heard that correctly. Dearborn County Surveyor Dennis Kraus sent a message to other Dearborn County officials, complaining about the attention that is being given to the circumstances revolving around Dearborn County's perpetual investigation of my writings. I sent Mr. Kraus an email addressing his concerns. It's insulting that Mr. Kraus suggests that the "common" citizen is not smart enough nor qualified to question government officials. Here is a copy of my email to Dearborn County Surveyor Dennis Kraus that includes a copy of his message to his "fellow elected officials." Mr. Kraus claims that most people aren't qualified to understand or question the actions of the government. I hope Mr. Kraus isn't going to mind being subpoenaed in a future legal hearing to determine why Dearborn County Law Enforcement felt the need to consult with the county surveyor about the confidential investigation of my internet writings.

Dear Mr. Kraus,

RE: Response to your message to “Fellow Elected Officials” (below):

Fellow Elected Officials,

While I was not copied on the attachments, I believe we should leave it up to the sheriff, prosecutor, and the judge who will decide the matter when and if it goes to court. Anything involving Federal Funding will be determined by the Federal Government, not County Officials outside of the department seeking said funding. All that these accusations from people do is distract us from our business that we are constitutionally bound to do. I am tired of all the bulls**t accusations people make and expect any and all county officials to get involved. I am a County Surveyor and this is none of my business. Beside that, (and I am not trying to insult anyone) most of us do not have the education or training to make a determination on whether or not a law has been broken that will affect Federal Funding.

Dennis A. Kraus Jr.
Dearborn County Surveyor

I would like to apologize for not copying you to the email regarding my concerns about Aaron Negangard’s conduct and how it has the potential to jeopardize future federal funding and I wanted to take an opportunity to further explain the logic behind my statements.

You are correct in stating that federal funding is determined by the federal government, but by no means are federal grants guaranteed. Federal grants are available through a form of application process and are subject to stipulations and limitations. If the appropriate federal agencies that are responsible for appropriating federal grant monies become aware that the grant money may have been used in an unethical or illegal manner, it would certainly jeopardize the ability to renew/receive such grants.

You claim that “most of us do not have the education or training to make a determination on whether or not a law has been broken that will affect federal funding.” If formal education and training were a prerequisite for questioning the conduct and decisions of government officials, then most of us would not be “qualified” to raise questions about universal health care, taxes, federal court decisions, etc… because the majority of us are not doctors, accountants, or lawyers. It appears that your contention is that the general public is not smart enough to comprehend many matters that come before government officials and that the general population lacks the experience and/or education necessary to voice their opinions; which is very offensive to the blue collar workers of the United States as it suggests that the hard working, “below upper class” workers in the United States are some kind of second rate citizens.

As you claim that you are the County Surveyor and none of this is your business, I have to question why you are writing about the situation. As you are the County Surveyor who was not copied to my original email, it should be questioned why someone felt that it was necessary to contact the County Surveyor about the situation. It also should be questioned why the County Surveyor is offering a public statement on a criminal investigation that has nothing to do with the surveyor’s office. I find it very troubling how you claim that the abilities of Dearborn County officials, to properly perform their “constitutionally bound” duties in serving the people of Dearborn County, is somehow hindered by people exercising their constitutionally protected First Amendment Rights to free speech; which was established long before Dearborn County even existed.

I am truly sorry that you are “tired of all the bulls**t accusations people make and expect any and all county officials to get involved.” I find your statement to be both insensitive and condescending. When the public’s safety is compromised, they have the ability to go to local law enforcement and/or the local prosecutor. When the conduct of the prosecutor and law enforcement are in question, it is unclear whom the public has to turn to. I’m sorry that you think that it is “bulls**t” that I told several Dearborn County officials that Prosecutor Negangard did not tell the truth in his denial of my public records request. Mr. Negangard stated, “Pursuant to Indiana Law, Investigatory records are confidential and are not to be disclosed.” Though I do not have the legal education and experience that you personally would require someone to have in order to question a county prosecutor, I do have the ability to read and Indiana Law states that all Investigatory records are subject to release at the discretion of the public agency (provided that they do not contain medical information, trade secrets, educational information, etc… in which case the specific information can be redacted or omitted.) If your comment “bulls**t accusations” refers to my statements regarding the ex parte communication between Judge James D. Humphrey and Aaron Negangard, or someone else in the prosecutor’s office and/or sheriff’s department, I can assure that they are neither “bulls**t” nor “accusations” as Mr. Negangard confirmed that someone shared some of the “confidential” information from the Investigatory record with Judge Humphrey in an ex parte fashion. This conduct disqualifies Judge Humphrey and Aaron Negangard from playing any role in charging and/or prosecuting me.

The question still remains; why are you commenting about a situation that you claim is none of your business while admitting that you do not have the education or training necessary to understand the situation? From a legal perspective, you have no basis for calling the accusations “bulls**t” because it would be impossible for you to have any information refuting the accusations; unless of course Mr. Negangard has leaked information from the Investigatory record to you or someone else. Considering that Mr. Negangard claimed that Indiana Law prohibited the release of Investigatory records because the records are confidential, one may consider it to be “bulls**t” that someone in the prosecutor’s office and/or the sheriff’s department allowed information from the “confidential” Investigatory record to spread all of the way to the office of the Dearborn County Surveyor.

Please feel free to hold county officials like Aaron Negangard responsible for their unethical actions. If you need any further information regarding this matter, please do not hesitate to contact me. Thank you for your time.

Very truly yours,

Dan Brewington

513-383-3136

dan@danhelpskids.com

www.danhelpskids.com

Amended Complaint against Dearborn County Prosecutor Aaron Negangard

The following is a copy of the amended complaint against Dearborn Prosecutor Aaron Negangard that I filed with the Indiana Supreme Court Disciplinary Commission. I filed the complaint after Mr. Negangard knowingly provided me with false information pertaining to the laws governing the release of public records and then attacked and threatened me after I questioned why he gave me misleading information.

July 16, 2010

Indiana Supreme Court Disciplinary Commission

30 South Meridian Street, Suite 850

Indianapolis, IN 46204-3520

Phone (317) 232-1807

Re: Amended Complaint against Indiana Attorney Aaron Negangard

Dear Members of the Commission:

I filed a complaint with the Commission against Dearborn County Prosecutor Aaron Negangard on June 16, 2010. The complaint dealt with Mr. Negangard ordering the Dearborn County Special Crimes Unit to conduct an investigation of my written (internet) material where I publicly criticized the actions of a few professionals associated with the Southeastern Indiana Court System. Since the filing of the complaint, I believe that Mr. Negangard has conducted himself in an unethical and/or illegal manner.

On July 6, 2010, I sent a public records request (copy attached hereto) to Dearborn County Prosecutor Aaron Negangard and Dearborn County Sheriff David Lusby, requesting the information pertaining to the investigation of my writings, which began around October of 2009. At the time of my July 6^th request, I did not know if the investigation was still pending. In a letter dated July 7, 2010 (copy attached hereto), Mr. Negangard denied my request for the records. Mr. Negangard’s letter stated:

Dear Mr. Brewington,

Regarding your request for public records dated July 6, 2010, it is clearly requesting investigatory records. Pursuant to Indiana Law, Investigatory records are confidential and are not to be disclosed.

I have enclosed a copy of the statue [sic] for your review.

Mr. Negangard highlighted a portion of the Indiana Code on page two of his attachment. The highlighted section reads:

[IC 5-14-3-4(b)(1)] Investigatory records of law enforcement agencies. However, certain law enforcement records must be made available for inspection and copying as provided in section 5 [IC 5-14-3-5] of this chapter.

I found Mr. Negangard’s denial to be rather disturbing because he stated, “Pursuant to Indiana Law, Investigatory records are confidential and are not to be disclosed”, however just above the section that Mr. Negangard highlighted, the Indiana Code reads:

[IC 5-14-3-4(b)] Except as otherwise provided by subsection (a), the following records shall be excepted from section 3 of this chapter at the discretion of a public agency

After reading section (b) of IC 5-14-3-4, I was concerned about Mr. Negangard’s statement because it did not appear that Indiana Law prohibited the release of Investigatory records. When I researched the matter, I came across The Indianapolis Star vs. The Trustees of Indiana University, May 2, 2003, which states:

“Section 4 [of IC 5-14-3] in turn sets forth several exceptions to the disclosure requirements of section 3. Ind. Code §5-14-3-4 (Burns Code Ed. Supp. 2002). Section 4(a) sets forth mandatory exceptions to public access, and section 4(b) sets forth exceptions which may be invoked at the discretion of the public agency.”

When I discovered that Indiana Law actually states that all Investigatory records are subjected to release at the discretion of the public agency, provided that the records do not fall under section 4(a), I addressed the issue in a letter dated July 12, 2010 that I copied to Mr. Negangard. Given the suspicious nature of the “investigation” of my public writings that criticized county officials and Mr. Negangard’s less than honest reasoning for the denial of my public record request, at 10:43:36 AM, I emailed copies of the letter to other county officials to make them aware of the situation. I wanted to alert county officials about the conduct of Mr. Negangard because if Mr. Negangard used the resources of the Dearborn County Special Crimes Unit in the course of unethical and/or illegal behavior, Dearborn County could be in jeopardy of losing state and federal grants relating to law enforcement. At 4:46 PM on July 12, 2010, Mr. Negangard sent the following email to fifteen (15) county officials [copy of Mr. Negangard’s email attached hereto]. Mr. Negangard also copied me to his threatening email. Mr. Negangard’s email states:

To all county officials:

Please be advised that Dan Brewington is currently under investigation by the Dearborn County Sheriff's department. Once he was advised of this by Judge James Humphrey who had to recuse himself from his case only recently he has attacked me or my office. I take this an effort to get me not to do my job of prosecuting those who violate the law. I assure you his efforts will not succeed. If he has violated the law then I will make every effort to prosecute him. However I will point out that this matter is still under investigation and until such time he is convicted he is presumed innocent. He is also incorrect regarding his request. He clearly asked for records pertaining to his investigation that are not to be disclosed under Indiana law. If any of you need any further information regarding this matter. Please do hesitate to contact me. [sic]
Aaron

Sent from my Verizon Wireless BlackBerry

Before Mr. Negangard’s July 12^th email, I was not aware that there was still a pending investigation of me. I question why Mr. Negangard felt that it was necessary to tell (15) county officials that I am under investigation by the Dearborn County Sheriff’s Department[1]. I find it very troubling that Mr. Negangard shared the details of an ongoing investigation with Judge James D. Humphrey when he claimed that the release of Investigatory records was prohibited by Indiana Law. Rather than address the fact that he provided me with inaccurate information about the laws governing the release of public records, Mr. Negangard claimed that my letter questioning his interpretation of laws “was an effort to get [Mr. Negangard] not to do [his] job of prosecuting those who violate the law.” Not only did Mr. Negangard accuse me of trying to undermine his ability to prosecute criminals in Dearborn County, Mr. Negangard vowed to “make every effort to prosecute” me if I broke the law. It appears that Mr. Negangard and/or the Dearborn County Sheriff’s Department are conducting a perpetual investigation of my web writings in the hope that they will be able to “catch” me doing something illegal so that Mr. Negangard can “make every effort to prosecute” me.

I feel that Dearborn County Prosecutor Aaron Negangard continues to persecute me because he cannot prosecute me. I have been very outspoken about my concerns about the Dearborn County Court System and I feel I have been harassed for doing so. Mr. Negangard has waged a smear campaign against me because I questioned his judgment and has threatened me with criminal prosecution if I step out of line. Mr. Negangard has yet to explain why he told me that Indiana Law prohibits the release of Investigatory records when it clearly does not. As Mr. Negangard has admitted to speaking to at least one Dearborn County judge about the situation, I fear that I may not have a fair opportunity to request a court to compel Mr. Negangard to release the records because Mr. Negangard could have spoken to other judges about the matter as well. It is frightening to imagine the civil rights atrocities that may have been committed in Dearborn County if Prosecutor Negangard regularly engages in ex parte communications with judges about ongoing investigations before charges are filed and before matters are sent to court. A person convicted of a crime would have no way of knowing if Mr. Negangard discussed their case with a judge before there were even any charges filed. If I do file an action in a trial court, I fear I may be further attacked or retaliated against by Mr. Negangard. Mr. Negangard’s threatening email suggests that the ongoing investigation of me will only end “if” I do something wrong.

I welcome the Commission to check my criminal record as I have no history of criminal or menacing behavior. I feel I have been victimized by Mr. Negangard for exercising my First Amendment Rights to free speech. If I presented a real danger to Dearborn County citizens, why hasn’t Mr. Negangard brought charges against me during the course of the nine month investigation? Why is Aaron Negangard telling the public that I am innocent until I am convicted when he has yet to file any charges and he refuses to tell, at least me, what I may be convicted of? I am afraid that Mr. Negangard may be retaliating against me for filing the complaint and for pointing out to county officials that he was less that truthful in his denial of my public record request.

I would like to thank the Commission for their attention to this matter.

Respectfully,

Daniel P. Brewington

dan@danhelpskids.com

www.danhelpskids.com

cc:

Mr. F. Aaron Negangard

Dearborn County Attorney, Jack Gay

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[1] I am unaware of when Prosecutor Negangard transferred the investigation from the Dearborn County Special Crimes Unit to the Dearborn County Sheriff’s Department.