Showing posts with label grand jury. Show all posts
Showing posts with label grand jury. Show all posts

Friday, April 26, 2019

Conspiracy to Alter Grand Jury Records Involving Chief Deputy Negangard


If you have any doubts as to whether Indiana Chief Deputy Attorney General F. Aaron Negangard conspired with with the Dearborn Superior Court II to maliciously prosecute a criminal defendant, read the following argument included in my recent filing in the Dearborn Superior Court II. The argument by the Office of the Dearborn County Prosecutor rationalizes how court-altered grand jury records didn’t negatively impact the constitutionality of my criminal prosecution:

“Finally, the State wishes to address the claim raised in Brewington's Motion for Summary Judgment in Paragraph 2(A) that ‘[Prosecutor] Negangard switched playbooks on Brewington'. This claim is, to put it bluntly, nonsensical. Even if one is to assume that Brewington’s baseless assertion that the grand jury transcripts were altered or otherwise incomplete, the evidence contained therein is more than enough for even a layperson to discern a ‘true threat.’”

That’s the argument by the regime of current Dearborn County Prosecutor, Lynn Deddens, demonstrating the culture of corruption in the small Indiana county, located a mere thirty minutes west of Cincinnati, Ohio. The prosecution glosses over the fact that just by arguing even if the court altered any/or failed to maintain the grand jury record… acknowledges the existence of both unethical and criminal conduct. There is no constitutionally permissible amount of information that a trial court can arbitrarily omit from the record of a grand jury.

It’s not a matter of if Dearborn County officials engaged in criminal conduct, but rather a matter of how many crimes they committed. Negangard prosecuted me for my public speech that was critical of Dearborn Circuit Judge James D. Humphrey. Negangard’s office instructed me to rely on a complete transcription of the grand jury investigation for an understanding of the general indictments. Negangard, the trial judge, and my public defender waited until less than two weeks before my criminal trial before providing me with a copy of the transcript; a copy I later found to be incomplete. At the time I had no understanding that Indiana law required a record to be kept of all portions of the grand jury investigation, other than deliberations. The Dearborn Superior Court II omitted all portions of the grand jury proceedings occurring prior to witness testimony. After serving 2.5 years of a 5-year prison sentence, I began trying to obtain the grand jury audio through a public record request. After fighting the release of the grand jury audio, the Dearborn Superior Court II released a copy of the grand jury audio containing less information than the transcript. It appears the court altered the transcript then tried to alter the audio to match. Now the Superior Court II, under Judge Sally McLaughlin, claims there is no more audio to release. The kicker is the missing records may be maintained by a victim in the case, Judge James D. Humphrey.

I have two pending legal actions in Dearborn County, Indiana. I’m challenging my convictions through post-conviction relief, while suing the Dearborn Superior Court II for a certified copy of the grand jury audio. Both actions have been pending for over two years. Judge McLaughlin’s court claims it is impossible to provide me with an exact copy of the audio because there were “four to five” other grand jury investigations intertwined on the same recording. If one assumes McLaughlin’s court isn’t lying just to rationalize copying and pasting the audio to match the already altered transcription, Judge McLaughlin still faces two major problems. If several grand jury investigations were recorded on one ongoing audio file, it would require an intentional act for a portion of the record to go missing. Judge McLaughlin’s court either intentionally shut off the recording when Negangard gave the introduction in my case, or Judge McLaughlin’s staff destroyed it. Any way you shake it, Negangard absolutely knew the grand jury records were altered and he took full advantage of the situation. There is no graceful exit strategy for the officials involved.

I included the above in my reply to the State’s Response to my Motion for Summary Disposition in my post-conviction case. I also included the dialogue between Judge Brian Hill and former prosecutor Negangard during the final pre-trial hearing in my criminal case, September 19, 2011. After telling Judge Hill that my public defender refused to speak with me, I didn’t understand the nature of the indictments, and I had yet to receive a copy of the grand jury transcript, Hill denied my request to continue the jury trial scheduled two just weeks later, on October 3, 2011. Hill based his denial on a conversation Hill had with Negangard where both men claimed I was adamant about not continuing the original jury trial set for August 16, 2011, when my public defender had a family emergency. The problem with the story by the two men is that there is no record of me making any such objection. For one, it was impossible for me to go to trial if my public defender was unavailable. Even more troubling is the fact that it was impossible for me to object because Judge Hill vacated the hearing on his own motion. Negangard and Judge Hill rehearsed the make-believe story prior to the hearing; probably to rationalize incarcerating me for over six months without providing any explanation of what actions I was required to defend. Negangard and Judge Hill didn’t change the record, they just altered reality. As for my public defender, he remained silent throughout; calling into question which side he was actually working for.

As for my public record lawsuit seeking the grand jury audio, representing the court in the case is the Office of Indiana Attorney General Curtis T. Hill. Attorney General Hill’s office is fighting the release of the official grand jury audio to protect his own Chief Deputy. Hill’s office is being remarkably vague about the grand jury record beginning at witness testimony. Though claiming not to know the content of the grand jury audio, Curtis Hill’s office is arguing there is no more audio to release. This is especially problematic as the grand jury audio currently released to me contains less information than the transcription.

Stay tuned for more details….


Monday, January 29, 2018

Guest Contributor for "The Legal System and All Things Related Blog"


The authors of the book, "Stack the Legal Odds in Your Favor", Tom Scott and Sara Naheedy, were gracious enough to ask me to be a guest contributor on their blog. The post includes my introduction to arguments appearing in the appellate brief I'm filing with the Indiana Court of Appeals. I am still fighting the good fight against a less than honest Indiana Judicial System.  "Stack the Legal Odds in Your Favor" is available through the book's website, Amazon, Google Books,  etc. Positive reviews of "Stack the Legal Odds in Your Favor" include those written by Dr. Ron Paul, Senator Marco Rubio, and former CIA Officer John Kiriakou.




"This is a must-read for anyone who wants access to a variety of practical and not idealistic tools to help increase his chances of emerging from a run-in with our corrupt legal system with his liberty and/or property intact."
"Not just a book, but a public service. The good guys—the innocent—don't always win. With this book's help, you can learn exactly how to defend yourself and ensure justice prevails despite our system."
"Thank you so much for your book. America is truly blessed with individuals who offer their time and resources to educate others in their community about important issues facing our nation."
Doctor Ron Paul
Former CIA Officer
John Kiriakou
Senator Marco Rubio

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.

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.



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.
)
)
)           Case No. 15001-1607-PL050
)
)
)
)
)



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