Dan Brewington Legal Defense Fund

We have decided to hire a first amendment attorney for the appellate process. People have inquired about donating money to help with this, so we have set up the Dan Brewington Legal Defense Fund through PayPal. Any contributions would be greatly appreciated. Sue Brewington (Dan's mom) will be the administrator of the account. For any questions, please email contactdanbrewington@gmail.com. Thank you so much for all of your support, we couldn't do this without you.

Please click here to donate, or use the "donate" button on the right side of the page.

Thanks,

Sue Brewington

Dan Brewington-Criminal Case-Dearborn County, Indiana

Summary of Events

Timeline Brewington Criminal Case

Additional Links:

Chronological Case Summery (criminal)

Order Setting Bail
Bench Warrant
Application for Reduction of Bail (defective)
Target Notification (Grand Jury)
Motion for Confidentiality of Jurors Names and Identities
Hamilton County OH Inmate Movement Log
Discovery Answers (witness list and Sheriff Kreinhop's report)
Order Appointing 1st Public Defender
Blankenship Recusal
1st Public Defender Motion to Withdraw and Order
Supplemental Discovery Answer 9/30/11
Order Setting Trial
Order Denying Bond Reduction

Motion in Limine (both def and state)
Appellate Decision (divorce)

Divorce Decree

Motion to Dismiss for Ineffective Assistance of Counsel

Motion to Disqualify Prosecutor Negangard

Motion to Dismiss

Links to Press Articles:

99.3 Eagle Country Radio Online News

Search Dan Brewington

Dan’s First Blog from Prison. Written 10/27/11 Posted 11/3/11

About 8:00AM yesterday at the DCLEC, Sgt. Rod McGownd called into my cell and told me to pack up my things because I was shipping out to prison. Fortunately, the day before I had the ability to tell my family that I could be moved out at any time. When you go to prison in Indiana you first go to the Reception Diagnostic Center (RDC) to be evaluated to determine what prison is appropriate for each individual, based on the offense, security risk, etc…The stay at RDC lasts anywhere from 2-4 weeks. While at RDC, inmates are unable to make or receive phone calls, so snail mail is my only means of communication for the next few weeks. What is the topic of my first blog from Prison: The arrogance and vindictiveness of Dearborn County officials.

My detractors like to claim that I am obsessed and do not know when to quit. I’ll stop blogging about crooked public officials when they stop being crooked. You would think that Dearborn County Prosecutor F. Aaron Negangard, Sheriff Mike Kreinhop, and Judge James D. Humphrey would be basking in their glory that they succeeded in sending me to prison. They took away my daughters, indicted me for writing about it, set a $600,000 bond, denied me of my right to competent counsel, and sentenced me to 5 years in prison (I’ll have to do less than two years) because Heidi Humphrey and Dr. Sara Jones-Connor were frightened because I wrote extensively about the incompetence of their husbands. Unfortunately this wasn’t enough for the crooked Dearborn County officials so they took extra measures to attempt to bring me harm in prison. Fortunately RDC officials disregarded Dearborn County’s last ditch effort to hurt me.

I don’t think anyone outside of Dearborn County is buying what they are selling. When I arrived at RDC, I was in the check-in area where new inmates are un-cuffed and prepared for processing. When they said “Dan Brewington,” it threw up a red flag where a few people came to the area with one demanding that I not be un-cuffed. He said he received an email from a Dearborn County official warning RDC officials about me. The Dearborn County C/O who transported me was as shocked as I was. Luckily he told the RDC officials that he had been around me on numerous occasions and never had any problems. He assured them that I wouldn’t cause any problems. When I was changing into my RDC jumpsuit, an inmate worker said “what the hell did you do?” He said they didn’t usually get advanced “warnings” about inmates. I had heard the Dearborn County C/O say something about it stemming from my divorce hearing but the hearing was a few years ago. Later in the day another worker who heard about the email told me the email explained that I had to be restrained during a court hearing. The verbal debate I had with Judge Humphrey during the first 5 minutes of my divorce hearing on 5/27/09 had reached mythical status. Exclaiming, “I demand justice in this courtroom: turned me into Hannibal Lecter 2 ½ years later. Not only did RDC officials not buy the story, Dearborn County officials set the stage for many inquiries as to why they would go to such lengths to try to cause a level of concern or panic. I just explained how Dearborn County is full of arrogant and vindictive public officials. People just shrug their shoulders and say, “You get that in small counties.”

I’m in here for blogging,” that’s what I tell RDC officials. “But isn’t that free speech?” they ask. “I blogged too much.” They’re just as puzzled as I am. They are even more puzzled when I tell them that two different jailhouse snitches have claimed that I was plotting to kill a judge yet no criminal action had been taken against me. Jail records demonstrate that I never came in contact with the first snitch. The second one was my former cell-mate for two and a half months at the DCLEC, Joseph McCaleb. After reading all of my legal paperwork, “Joey” wrote a very detailed letter to Prosecutor Negangard, claiming that I admitted everything, including confessing to a plan to kidnap, kill, and then deposit Judge Humphrey into the Ohio River with concrete. Of course “Joey” was no longer there when I returned from my sentencing hearing. McCaleb was arrested for stealing women’s underpants, while working as a satellite TV installer. He was referred to as the “Underpants Bandit” because he stole women’s underwear (He also photographed his “stash” and put the pictures on his computer.) Did Negangard strike a deal with a pervert in his efforts to punish free speech? It just makes the story more interesting, yet sad for the women who were victims of McCaleb’s crimes.

Keep checking for updates as the appeal process will be underway soon. Thanks for the support.

Contact Dan/family at: contactdanbrewington@gmail.com

A Note from Dan

November 2, 2011 (edited from a note I received from Dan on Monday, October 31, 2011.)

I was shipped out this morning (October 26, 2011). I’m doing fine at RDC (west of Indy). They told me to pack my things this morning around 8:00AM and told me I was heading out. The A-holes in Dearborn Co. sent an email telling the prison that I was dangerous. A team of guards approached me and told the driver not to un-cuff me. Like usual, the jackasses who try to hurt me only serve to help my “infamy”. I was here ten minutes before someone, who heard about the email, asked what I did to warrant a warning by email. When I got to my cell, I was talking to a nearby inmate who left Dearborn County 2 weeks ago. I was telling him about the warning and someone nearby blurted out, “yeah, they sent an email.” So the guy began telling people about how Dan Brewington fought Dearborn Co. and how he is suing them. Too funny.

I’m fine but I need money for commissary. (He has to have his paper and pencils) I think you can do it online at the Dept. of Corrections (DOC) website. My picture makes me look like an AIDS patient. I weighed 227 when I came in. Obviously I do not have paper and pencils. I can’t call and I may be here for a month. My money follows me from here so send money. Love you and don’t worry. Tell everyone I’m fine and tell them hi. Keep them posted on the Blog.

Dan

Submitted by Sue Brewington

We will continue to post and let people know what is going on and what we think. (Because that is the purpose of a blog: to inform and get a message out) We are disappointed in the trial results but will continue with our mission. A notice of appeal has been filed and we are going forward with the federal complaint with a jury request. This is the United States of America and we will try to get, not just our message out, but the message of lots of “forgotten” victims of the courts, too. The idea that you can’t criticize an elected official in Dearborn County is absurd. We are expanding our audience and will be asking for help. We want to thank everyone so very much for keeping us in your thoughts and prayers.

Sue Brewington

contactdanbrewington@gmail.com

Dan's update 10/26/11

Dan has been sentenced to 5 years in the Indiana State Prison System. For right now we are directing people to the following links.
Eagle Country News (The local radio station also has a website with news)
http://www.eaglecountryonline.com/news.php?nID=2479
The unofficial minutes are recorded on the Dearborn County Blog.
http://dearborncounty.blogspot.com/2011/10/24-october-2011-sentencing-hearing-for.html
To follow public discussion of Dan's case you can visit
http://www.voy.com/201962/
We will be providing a lot more information in time. As always, thanks to our many wonderful friends and supporters. Please keep thinking of us.

Sue Brewington

I’ll Always Hold My Head Up High 10/22/11

With just a few days before my sentencing hearing on Monday, October 24, 2011 I feel there is little for me to fear. I could be released on a time-served sentence or Judge Hill could sentence me to several years in prison. I’ve never been one to worry about situations beyond my control because they are beyond my control. Rather than ruminate on the possibilities of the unknown, my time has always been better spent gathering resources and information so I can be prepared to hit the ground running when adversity presents itself. I cannot do anything more than my best. As long as I feel I have given my all, I can always hold my head up high.

“I love it when a plan comes together,” is a favorite phrase of Hannibal from the television series and movie “The A-Team.” The leader of the under appreciated quartet of misfit, former military heroes usually delivered his trademark quote after the A-Team narrowly prevailed in another death defying plight to save the little guy. The humor in Hannibal’s quote is found in the fact that the “plan,” if an actual plan even exited, rarely worked as planned because there are too many uncontrollable variables in complex situations. The A-Team “plan” always consisted of gathering and processing as much information as possible, drawing up the best strategies(including plan B and plan C), utilizing the strengths of those around you, and being prepared to improvise when nothing goes as planned. But just as there are often many unknown variables within a complex problem, sometimes the goal of a mission is a mystery in itself.

During my criminal trial, Dearborn County Prosecutor F. Aaron Negangard pretty much indicated that my every action in life was a direct attempt to defy authority and incite fear into the officials within the family court system. He claimed my sole purpose in representing myself in my divorce was to obstruct the court process. Negangard explained to the jury that my only intention in writing about my divorce experience was to bring harm to others. He even claimed that during the course of my 2 ½ year divorce, I exercised parenting time with my little girls instead sending them to daycare, for every negative reason other than the fact I just wanted to be a dad. In the process of trying to villainize me, Prosecutor Negangard, inadvertently turned the spotlight on the questionable conduct of others.

“He attacked Dr. Connor because he was upset that Dr. Connor recommended the mother have sole custody of the children.” Why does everyone keep saying that? Prosecutor Negangard, Dr. Edward Connor, Judge James D. Humphrey, the entire Appellate Court of the State of Indiana. I’ve been accused of being long-winded, verbose, voluminous, etc… I was found guilty of obstructing justice partially based on my numerous legal pleading. Prosecutor Negangard kept telling the jury to look at the stack of several hundred documents consisting of my writing. In all of my writings, blogs, legal pleadings, etc. there is absolutely no mention of me disagreeing with Dr. Connor’s custody decision. They all dealt with Dr. Connor’s conflicting statements regarding the release of Dr. Connor’s case file.

“You’re not allowed to lie,” was a popular phrase by Prosecutor Negangard during my trial. Here are a few examples of lies told during my trial:”He refused to get a mental health evaluation so he could see his children.” Negangard kept making this claim despite the fact the Judge Humphrey set a hearing to approve a mental health evaluator and vacated the hearing just days before the hearing claiming there was an investigation of me that pertained to him. “I can’t recall if I set a hearing,” was Judge Humphrey’s claim when asked about the hearing on the approval of a mental health evaluator. Despite Judge Humphrey’s remarkable memory of the events in my divorce, he forgot about the last two rulings; the last of which was the order to vacate the hearing due to an investigation Judge Humphrey had been aware of for nearly a year. One of my favorite lies came from Dr. Edward J. Connor. “I was concerned about releasing the case file to Mr. Brewington because I was afraid that he would post the mother’s confidential information on his website.”Sorry Dr. Connor. My website was created six months after Dr. Connor denied my request for the case file.

“I love it when a plan comes together.” I never had a solid vision of what my actions would produce. Many are wondering how I could conceive success on any level when I am facing lengthy prison time. I still have dignity. I’ve stood for something my children can be proud of. Most of all, I’ve further demonstrated the high level of corruption that exists in Dearborn County, Indiana.

“You can call a judge a son-of-a-bitch but you can’t call him a child abuser.” I’m sure Prosecutor Negangard’s statement will stand strong in my appeal, which will focus on First Amendment Rights. I would hope the higher courts of Indiana would chose not to side with Negangard’s contention as the state would be the laughing stock of the entire United States Court System when my case reaches the Federal Courts and/or the Supreme Court of the United sates. The U.S. Supreme Court has ruled in favor of radical religious groups being able to picket the funerals of fallen members of the U.S. military. The Court overruled state laws banning all cross burnings. It has protected the right of anti-abortionists to be able to picket planned parenthood clinics. A person is allowed to call a President of the United States a “baby killer” because he is pro-choice. People are free to call a President a “baby killer” because of his war policies. I don’t recall any Presidents in my lifetime killing any babies. The Supreme Court even protected Larry Flynt’s right to say Jerry Falwell had sex with his mother in an outhouse. I find it hard to imagine Negangard’s argument will make it past the high courts.

Prosecutor Negangard was angry because I would not take a plea deal to get out of jail five months ago. I refused to deal because I was adamant about standing up for what is right. Negangard wasted tens of thousands of Dearborn County taxpayer dollars in his efforts to conceal the wrongs of Dearborn County officials. Was he successful? At the end of the day my conviction will be overturned. Until then, all that is left for Negangard to do is to argue how the guy he was willing to release on May 13, 2011 is now deserving of a lengthy sentence. Regardless of the outcome of my sentencing hearing, I will be able to sleep at night knowing I stood for something. Prosecutor Negangard and other Dearborn County Officials will have to deal with the looks, whispers, and shouts from members of the public who are disgusted with Negangard’s wasteful spending of tax dollars in his crusade to stifle free speech. Whether in a cell or safe at home, I will take comfort in knowing I stood for something and I will always cherish the love and support I have received from so many along the way. Be sure to check back soon.

Still Looking for Fairness 10/19/11

I finally received a copy of the list of additional evidence that Dearborn County Prosecutor F. Aaron Negangard may use against me in my criminal trial which began October 3, 2011. The Prosecutor’s “Supplemental Discovery Answer” lists fifty-one documents; none of which I have yet reviewed with my public defender, Bryan Barrett. Did I mention today is Sunday, October 16, 2011? My trial concluded on October 6, 2011.

I feel like I am drowning in a kiddie pool in the middle of a lifeguard convention. First, there is no reason why a healthy adult should be gasping for air in a children’s pool. Second, there is no excuse for a gathering of professionals, who uphold their responsibilities to water rescue, to stand idly by while an adult is drowning in a couple feet of water at arm’s length of a lifeguard. I’ve found myself drowning in the Dearborn County Legal System while lawyers, judges, and law enforcement officials either ignore me, or further complicate my situation by throwing buckets of water at me. It’s like the Dearborn County legal community is at the helm of a Carnival Cruise ship; cruising past the sinking Titanic without stopping because it would interrupt the midnight shuffle board tournaments. It just doesn’t make sense.

I know, I know; I already hear my detractors yelling “Dan’s mentally ill.’ Fine, we’ll go with that. Last time I checked, mentally ill people still have a right to a fair trial. In fact, they are often entitled to additional legal assistance to help participate in the criminal proceedings. All right detractors; I’m looking for consistency. If, I am as mentally ill as you claim, did I receive an appropriate amount of legal assistance necessary for a proper defense? As my public defender, Bryan Barrett failed to review with me, any of the roughly 2,000 pages of potential evidence provided by the prosecution, my guess would be no. It wouldn’t have mattered if I were the Chief Justice of the United States Supreme Court; it is impossible for a lawyer to properly prepare for a four-day trial without subpoenaing documents and witnesses, taking depositions, and most importantly, meeting with the defendant. By the way, if you think four days is a long trial for a few D felony charges, just think how long it may have lasted if Bryan Barrett would have actually called a witness or submitted ANY evidence in my defense.

So who knows about all of this? I know Rush County Circuit Judge Brian Hill is aware of the injustices in my trial because he has presided over my case since June 1, 2011. Judge Hill is well aware that Bryan Barrett did not file an appearance to represent me until July 18, 2011, even though Judge Hill appointed him June 20, 2011. It was at the July 18, 2011 hearing when Judge Hill postponed my bond reduction hearing because Dearborn County Special Crimes Unit Detective Shane McHenry was not available to testify for the prosecution. Judge Hill acknowledged that he was aware that my public defender was on a leave of absence for a couple weeks, due to a family emergency, by continuing my trial and my already continued bond reduction hearing. During my August 17^th bond reduction hearing Detective McHenry, who is also a Dearborn County Commissioner testified he investigated a report that I approached an inmate at the Hamilton County Justice Center about performing a “drive-by shooting” on Judge Humphrey. Judge Hill never heard any testimony about the alleged “drive-by” during my trial. It was probably due to the fact that the alleged request never happened. Records from the Hamilton County Justice Center movement logs demonstrated that the inmate, who accused me of trying to arrange a drive-by shooting, and I never crossed paths. I was unable to present the evidence to the court because my public defender refused to meet with me.

During the pre-trial hearing on September 19, 2011, I informed Judge Hill that my public defender had not subpoenaed any witnesses or evidence and had not deposed any of the state’s witnesses. I told Judge Hill, Bryan Barrett, who is a Rush County public defender appointed by Judge Hill, had not provided me with any evidence. Judge Hill denied my request to continue the October 3^rd jury trial even though he knew I was not able to review the evidence against me. Judge Hill didn’t even care when I told him that neither one of my public defenders gave me an explanation of the crimes I allegedly committed that prompted the charges. Completing my trial was more important than protecting my rights.

“Do you want to represent yourself?” That was Judge Hill’s response to my motion to dismiss for ineffective assistance of counsel, filed just prior to the start of the October 3^rd trial. My motion explained how Barrett never met with me to prepare for trial. As my mental health has always been a hot topic of debate, I explained how Bryan Barrett refused to contact my treating therapist or doctor, who I see for ADHD. Judge Hill reviewed the letter sent to Barrett listing character witnesses and medical/mental health witnesses. The letter also contained a list of witnesses whose testimony would demonstrate how Detective McHenry and Prosecutor Negangard were aware of the falsity of the “drive-by shooting” allegations before Negangard called McHenry to testify. Judge Hill just kept asking if I wanted to represent myself and I kept telling him I wanted a public defender who would, at least, discuss my case with me prior to the day of the trial. Judge Hill made me go through with my criminal trial knowing that Bryan Barrett never reviewed any evidence with me. He knew Barrett didn’t provide me with evidence. Despite the prosecutions’ numerous remarks questioning my mental health, Judge Hill refused to address the fact that I was being refused my ADHD prescription by Sheriff Mike Kreinhop, who was the only investigator in my case and a witness in my trial, and Judge Hill deprived me of a competent public defender who would call a professional mental health expert to testify on my behalf. This is the same judge who has control over whether I spend several years in prison for making too many negative public statements about Judge Humphrey and Dr. Edward J. Connor.

“Negangard told Eagle 99.3 after the trial that he is not certain what maximum penalty Brewington would be eligible for,” is a quote from a story on the website of Eagle 99.3. This is just another example of Prosecutor Negangard’s web of lies. A D Felony in Indiana carries a maximum of three years; an A misdemeanor carries a maximum of one year. Add them all together and you get a total of eleven years. Indiana gives two years credit for every year served. Subtract the seven months I’ve already served, I’m facing a maximum of four years and 11 months of actual prison time. Does anyone actually believe that the two-term Dearborn County Prosecutor did not know this? He was probably a little leery about telling the public that people can serve many years in prison if they make negative statements about Dearborn County Officials.

I’m expecting the worst and why not? They can get away with these things in Dearborn County. Dearborn County lawyers look the other way and plead ignorance to the situation. Some attorneys sat in on my trial and witnessed the carnage first hand. One Dearborn County lawyer told me he was sure that I would prevail in my case. He just wasn’t sure if I could win in the state courts. He was certain that the Federal Courts would dismiss the case.

So I guess I’m at the “mercy” of the Court. I don’t want mercy; I want justice. Ordering me to serve five years in prison is just as offensive as letting me walk after my sentencing hearing on October 24^th. Of course I prefer freedom over prison as I long to see my children but the damage has been done. Due to the vindictive actions of people like Prosecutor Negangard, I am a convicted felon until my case is overturned which will make it more difficult to find a job and get back with my girls. Whatever Judge Hill decides on October 24^th he will know that he denied me any opportunity to a fair trial. This sort of thing can happen in Dearborn County because those who bear the power to bring positive change are coward and/or corrupt. The little guys who speak up are thrown in jail and prosecuted/persecuted. That’s why I’m treading water in a room full of lifeguards. Someone has to take a stand. Please keep me in your thoughts on October 24^th. Thanks for your support.