Here's to playing fair, Indiana.

I went 1 for 25 in my motions being granted by the court. That is the stat of the day. For the past four days, I have been going through all of my legal files; organizing and condensing. Yesterday I organized all of the orders from the court and I figured out that the court only granted one of my motions in over a year and a half. I got slammed by both the trial and appellate courts for filing many "frivolous" and "baseless" motions. The only motion that was granted was my Motion for a Change of Judge. That was probably due to the fact that Judge Taul was required to do so after violating the Indiana Judicial Code of Conduct by engaging in ex parte communications with custody evaluator, Dr. Edward J. Connor.

So that leaves about twenty-four other filings that Dearborn Circuit Judge James D. Humphrey and the Indiana Appellate Court deemed to be frivolous. I wonder if that gives weight to a civil rights suit. Not only were my motions denied, but the Courts displayed a noticeable amount of animosity towards me for filing them. The Courts even accused me of intentionally delaying the trial because I filed a motion for a change of judge as if it were my fault that Judge Carl H. Taul violated the Indiana Judicial Code of Conduct by having private conversations with Dr. Connor. The only means that I had to respond to the ex parte communication was to address the problem in numerous motions.

The courts accused me of trying to intentionally run up my Ex's legal fees by filing frivolous motions. During the course of the divorce, I filed no contempt charges against her, didn't subpoena her or any of her family, didn't accuse her of being a bad parent, and I didn't attack her character. The only thing that I did was try to get a copy of Dr. Connor's case file from his custody evaluation per the law and Dr. Connor’s contract. They refused to provide me with a copy of the file claiming that they were afraid that I would release her medical/psychological information to the world. Dr. Connor, my Ex, and the Courts have convinced themselves that I am some kind of diabolical and evil villain whose only goal in life is to release my ex-wife's health records. It's rather ridiculous to think that the person that they accuse of not being able to focus and stay on track is the same person who they claim to be the mastermind of a two and a half year plan to misuse someone’s health records. Actually, I just want to know what information Dr. Connor used to come to the conclusion that I couldn't communicate and that my writings were confusing and difficult to follow. Dr. Connor refused to look at my health records when I offered them to him. He said I was entitled to the case file; it's not my problem that he put my Ex's health records in the file.

I find it troubling that the Indiana Appellate Court seems to have some kind of animosity towards Dan Brewington. I know it seems ridiculous to think that the Indiana Appellate Court would go after me for some reason but I can't figure out any other reason why the Appellate Court would fabricate information in their ruling. They claimed that my right to take possession of my parent's farmland was fixed and certain. No it isn't; it can be sold at anytime and there is nothing I can do about it. The Court claimed that my internet writings made it necessary for my Ex to file for protective orders (non-violent) on more than one occasion. Check the record. She filed one motion requesting Judge James D. Humphrey to force me to take down my internet content. There was a hearing and Judge Humphrey denied her motion. Why did they make this stuff up? Either they ruled on erroneous information or their bias prohibited them from accurately absorbing the information. My guess is that they were pissed off about my web site.

On July 26, 2010, I posted a blog regarding the Indiana Appellate Court’s decision in my case. I also made mention of quite a few IP addresses that recently visited my website from the Indianapolis/Indiana area. I wrote that if the appellate court didn't rule on my case using fact and law, then I would be subpoenaing the IP addresses that visited my website. For some reason, quite a few IP addresses suddenly stopped visiting my site on that day. I bet there are a few government officials and media personnel that would like to know who the IP addresses belong to. If the public discovered that the Indiana Appellate Judges were conducting their own investigations while they were on a case, it would fracture the integrity and public trust of the entire Indiana Judicial System which serves as the foundation for the judicial branch of government. It would call into question the integrity of all of the rulings by the Indiana Appellate Court. (On a side note, I do have all of those IP addresses and their history backed up)

So now I have to wait on a Petition for Rehearing. One of the best lines from my lawyer's Petition deals with the Courts' accusations that I tried to intimidate the staff of the trial court. My lawyer wrote:

"Absolutely no evidence or testimony from court staff was ever presented at final or other hearing regarding this finding, and Husband never had any chance to refute such an allegation. One can only surmise that such information was obtained ex parte creating grounds for retrial. See Garrard v. Stone, 624 N.E,2d 68 (Ind. App. 1993) where case was remanded for retrial for Judge’s failure to step down after receiving evidence outside the presence of the parties."

Either Judge Humphrey lied, his staff lied, or both. It doesn't even matter who was telling the truth because it is against the law for a judge to gather information outside of the proceedings. Besides, I didn't do anything harassing or menacing and I have proof. I had a recorder going every time that I stepped foot into the Dearborn County Courthouse just in case something like this would come up. Were they intimidated by me? Probably. Not because they felt that I presented a physical danger to them; they probably felt that I was a legal liability because they knew they were doing something illegal and they figured out that they couldn't bully me into submission.

Now we wait. Let the Indiana Appellate Court ponder if they want to punish my children even more because they hate my children's father. While they are pondering whether to continue to abuse my children, let them ponder what information that I have on the Indiana Court System and what contacts that I have gained. I wonder if they will continue to assume that they can continue to stomp on the rights of the little guy and his fatherless little girls. The scary thing for the Indiana Appellate Court is that no judge on the bench can say for sure that the IP address of the person next to them isn't saved on my external hard drive. It only takes one. If the Indiana Appellate Court chastises me for my internet writings while someone from the court has visited my website, it will be worthy of a Mike Wallace story on 60 Minutes. If anyone reading this thinks that I am attempting to intimidate the Indiana Appellate Court by writing this; I'm not. Why would they be intimidated? They aren't supposed to be here anyway. Here's to playing fair, Indiana.

A year without my daughters. Here's to you, Judge James D. Humphrey

I want to dedicate this blog post to Dearborn County Circuit Court Judge James D. Humphrey. A year ago today, Judge Humphrey delivered a devastating blow to two precious little girls; Judge Humphrey took away their daddy out of vengeance and spite for their father. Judge Humphrey punished the three and five year old girls because their dad questioned the ethics of the courts and the illegal actions of their expert, Dr. Edward J. Connor. Unfortunately for many families in the Southeastern Indiana area, one of the biggest child abusers is wearing a black robe and holding the gavel.

I have written and rewritten about almost every detail of my divorce hearings leading up to Judge Humphrey’s actions. The first judge in my case, Ripley Circuit Judge Carl H. Taul, recused himself because he violated the Indiana Judicial Code of Conduct by participating in ex parte communications with child custody evaluator, Dr. Edward J. Connor. Dr. Connor gave a variety of false statements and policies in an effort to obstruct my access to the case file from his child custody evaluation. When I publicized the conduct of Dr. Connor and the Court, Judge James D. Humphrey terminated my children’s ability to have a father in their lives.

The one thing that cannot be overstated enough is that throughout the course of a two and a half year divorce, I cared for my children every Wednesday, Friday, every third Monday, and half of the weekends in the year. During the course of that time, there were no injuries, reports of abuse or neglect, no intervention by police or social services, no petitions to modify custody, etc… During the course of that time, I never refused to pick up my children nor did I ask to trade days with their mother to “accommodate” any social life outside of being a father. When their mother filed for divorce, my daughters were only one and three so I dealt with diapers, bottles, potty training, and everything that goes along with being a parent. When the children’s mother changed her work schedule where she had to be at work at 7 A.M., I began waking up before 5 A.M. two or three times a week in order to drive over forty miles to pick up the girls by 6:25. There were many mornings where I drove ninety miles before 7:30 A.M. in the round trip from picking up my girls and returning home in Indiana. My three year old was adamant about my house being her house. When she said “I want to go home”, “her home” was my house. When my oldest started pre-school, I would pick up the girls at 6:25 A.M. and we would find ways to entertain ourselves until we had to drop her off at school. Sometimes we would go grocery shopping at Wal-Mart. If the weather was good, we would go to a park or go to the Ohio River to skip rocks and explore. Occasionally we would go out for breakfast. After dropping off her older sister for preschool, my youngest and I would have time to spend together. She was my sidekick when my oldest was at school. We would work together, go shopping together, play together, etc… I lived on a farm by myself. I did most of these things by myself. I didn’t pawn my children off on other people so I could have “me time” because my favorite thing to do with my “me time” was spend it with my daughters.

Judge Humphrey terminated my ability to see my children even though no one even mentioned terminating my parenting time. I didn’t have an opportunity to defend my ability to keep the children safe because there was no evidence that demonstrated that I was dangerous. Dr. Connor and the children’s mother made allegations of what they believed were my “true” intentions and offered speculation of what I “may” be capable of doing. Dr. Connor said that I may begin to manipulate my children if I did not get my way, despite there being no evidence of such behavior during the course of a two and a half year divorce. The children’s mother accused me of teaching the children how to use a computer. Dr. Connor’s report claimed my daughters’ aunt stated she thought that I wanted custody just to hurt the girls’ mother. The only thing I ever requested was equal time. The children’s mother claimed that I needed supervised visitation because I let the girls watch Austin Powers and because there were ants in my kitchen. Surprisingly enough, no one claimed that my daughters were afraid of me and even Dr. Connor reported that the children loved me very much.

What did my children and I do? Most of the time we did what kids are supposed to do; be kids. We built club houses, went fishing, went hiking, dug fossils, and learned about the Native Americans that use to live around the farm. We had many “informal” classes. We talked about how the Indians would hunt deer and turkey for food. When my oldest said it was mean to kill deer and turkey, I told her that the Indians did not have Wal-Mart so they had to find their food. We found flint rocks and discussed how the Indians made arrowheads and tools. We grew vegetables in our garden and the girls developed an understanding of how people can feed themselves. My oldest understood that our friend raised cattle for people to eat. We camped in the backyard and cooked over an open fire. They learned fire safety while they were cooking their hotdogs and marshmallows. We pushed the limit on open fire cooking as we cooked pizzas, soup, bread, and pork. I pushed the limit on my back as I often heard, “one more night” of camping out where I would sleep on the ground in the tent while the girls slept on the mattress next to me. I would find myself waking up throughout the night to feel hands and toes to see if anyone was cold or needed covering up. We took trips around the farm on the four wheeler and bounced on the trampoline. We caught insects and snakes and rough housed with our big dogs. My five year old began rollerblading and skateboarding. My three year old learned how to climb door frames using the strength of her arms and legs. When there was a snow storm, my oldest would get bundled up and walk around in the wind and snow as if she was climbing Mt. Everest. At night we would look at Venus through our telescope and discuss how Venus was a goddess, a planet, and a Frankie Avalon song. If we weren’t having fun on the farm, we were having fun at Grandma Sue’s house in Cincinnati. They loved Grandma Sue. They loved seeing her, but I had a hard time leaving the girls with grandma even for a short trip to the store. They always wanted daddy. It didn’t matter where we went or what we did; we always were learning and having fun. If I told my daughters to jump, they would jump because they knew that daddy would always catch them and keep them safe. One thing that no one could every accuse me of was allowing the children to get injured. Even when I was married, the girls would come to me if they were sick or bruised. It wasn’t because they loved me more; I guess they just felt more comfortable in daddy’s arms. The only danger that I could not protect my children from was Judge James D. Humphrey.

I don’t have to go into what a vial and despicable man that Judge Humphrey is because the fact that he deprived my children of the above life experiences speaks for itself. Judge Humphrey left my children and me defenseless to refute their mother’s and Dr. Connor’s claims because Judge Humphrey refused to provide me with access to the evidence against me. I figured that the court system in the great state of Indiana would protect my rights as a parent and recognize that I have always played an equal and positive role in raising my children. For some reason, Judge Humphrey didn’t think that having a spotless record in caring for my children counted for anything. Judge Humphrey, the children’s mother, and Dr. Connor speculated and made up stories to justify their actions. Rather than believe that I was protecting my daughters’ right to grow up spending equal time with both parents, they claimed that I was out to get everyone. I was out to get the evidence that I was entitled to by Dr. Connor’s contract and by law. The record demonstrates that I never lied about my ex-wife’s parenting ability. I didn’t viciously attack her credibility or make up stories about mental illness. I wouldn’t do that to the children, even after my Ex continued to accuse me of suffering from bipolar disorder when even Dr. Connor said her accusations were unfounded. Humphrey’s hatred for me was so great, he did to me what he thought would drive me over the edge. Judge Humphrey wanted me to hurt someone or do something illegal just so he could say “we were right about him.” Unfortunately for Humphrey, I believe that way down deep inside, he understood the real me. The reason Judge Humphrey went to extremes to hurt me and my children is because he thought that it was his only chance at making me snap because he knew I wasn’t unstable or dangerous. Now Judge Humphrey is finding out that he can’t bait me into doing something illegal. I am fueled by my passion and love for my children; Judge Humphrey is fueled by his anger and hatred of someone who isn’t afraid to stand up to the injustices of his court.

Judge Humphrey is no longer involved in my case. Humphrey wrote in the final decree that I had to undergo a mental health evaluation by a mental health professional that had to be approved by the court. For a while after the final decree, he claimed that he didn’t have jurisdiction to enforce the decree because the case was in the appellate court. When I retained an attorney, Humphrey suddenly remembered that he did have jurisdiction. If Humphrey was actually aware that he had jurisdiction during the appeal, then he lied. If he truly believed that he did not have the jurisdiction to enforce his rulings while they were being appealed, then Judge Humphrey knew that his order would keep my children fatherless during the pending appeal. When my lawyer filed a motion to approve a psychiatrist to evaluate me so I could see the children, on March 17, 2010, Humphrey finally set the matter for a hearing on June 14, 2010. On June 9, 2010, Judge James D. Humphrey recused himself because he claimed that there was an investigation of me that pertained to him. Humphrey is just a cowardly little man who was afraid to take responsibility for his actions.

A year is a long time to be away from your own children and there isn’t a day that goes by that I don’t miss my girls with all of my heart. Writing helps me deal with the emotions associated with losing my girls. I find helping other parents to be therapeutic. People think that I am “going after” Judge James D. Humphrey because I am out for revenge. I am going after Judge Humphrey because it is the right thing to do. Child abusers should play no role in deciding what is best for children. Irony and oxymoron can’t even begin to describe the fact that Judge Humphrey is in a position to decide what is “best” for children when he is willing to punish innocent children by seeking vengeance on their parents. Many of you who are reading this are probably wondering if Judge James D. Humphrey can sue me for slander. He can; all he has to do is prove that what I am saying is false. For some reason Humphrey isn’t coming forward.

I want to thank everyone for their support and prayers over the past year. People like Judge Humphrey like to believe that I do not take responsibility for my actions. I do take responsibility and my responsibility grows every day. I owe it to my children to keep fighting to be their father but I also owe it to an ever growing number of family and friends that put their faith and trust in me and my efforts. I can’t afford to take a night off from being responsible. I can’t afford to let down my children, my family, or my friends. My efforts have helped to bring attention to the broken domestic courts in Dearborn County, Indiana and have shed light on the criminal actions of Dr. Edward J Connor. Greater Cincinnati Lawyer/700WLW radio personality Eric Deters recently publicized the unethical and perverted actions of psychologist Dr. Edward J. Connor on his radio show. (Click here for the link to the podcast of Eric Deters’ 8/04/2010 show. See hours 1 & 2) Public awareness is the only way to combat this kind of corruption. I’m not afraid to fail; only afraid of not trying. I hope for my children’s sake that this is all over soon. If it isn’t, I hope that the Indiana Court System understands that there is no way that they can outlast this father’s fight to see his children.

For more information on Judge Humphrey's conduct, go to www.danhelpskids.com.

"Serpico"; and how the good guys are somehow the bad guys

Last night I watched the 1973 film “Serpico” starring Al Pacino. “Serpico is based on a true story about an honest New York police officer, Frank Serpico, who blew the whistle on widespread police corruption. Serpico did not set out to bring down bad cops; the bad cops turned on him when he would not accept bribes and payoffs. Serpico’s actions in standing up to crooked officials in the police department and city government only got him labeled as a “bad cop.” When nobody in the system would do anything about rampant police corruption, Frank went to the newspaper. Shortly after the New York Times published a front page story about the corruption in the New York City Police Department, Serpico was sent to the dangerous ranks of the narcotics unit where he was shot in the face by a drug dealer while his fellow officers did nothing. Luckily Frank Serpico survived the incident and it brought forth sweeping reform to the department. Unfortunately, Serpico was still seen as a traitor amongst other police officers and received little recognition from the New York City Police Department for his bravery.

How can government spiral so far out of control to the point where the “majority rules” mentality kicks in and decides that if the bad guys outnumber the good guys, then the bad guys are right? “Serpico” is somewhat of a metaphor for government corruption on many different levels. I can liken it to my experiences in dealing with the Indiana Court System. One thing I feel that I share with Frank Serpico is a public perception of naivety. If individuals stand up against government corruption and civil rights violations in matters which the majority perceives to be impossible, the individuals are often labeled as being naïve. If the “naïve” individuals start asking too many questions, they are considered to be a threat. If the “threatening” individuals’ persistence begins to attract the ear of the public, then they are deemed dangerous. “Dangerous” is a label that dishonest officials place on people who pose a serious risk to their convenient unethical and/or illegal activity. In three simple steps, the new naïve guy in the system can somehow evolve into a danger to society. Corrupted officials need to label their opponents as being dangerous because it provides a means of justification to take almost any action necessary to eliminate the danger.

“You can’t beat the system.” I’ve heard that many times during the course of my dealings with the Indiana Court System and Dearborn County Law Enforcement. What people fail to understand is that I’m not trying to beat anything. I just want to be able to exercise all of my rights guaranteed to me by the US Constitution and I want those who are in a position to enforce the law to OBEY the laws they swore to protect. I was punished because I questioned the ethics of the Court’s expert, Dr. Edward J Connor. I was punished because I got Judge Carl H Taul to recuse himself because he violated the Indiana Judicial Code of Conduct by communicating with Dr. Connor outside the presence of the parties. I was punished for publicly writing about Dr. Connor and Judge Taul’s unethical/illegal conduct. Then I was punished for being persistent in trying to obtain the evidence against me. When I continued to question the system, I became the subject of a “secret” investigation by the Dearborn County Special Crimes Unit. When I began to request public records pertaining to the secret investigation and Judge James D. Humphrey, Dearborn County Prosecutor Aaron Negangard sent me an email where Mr. Negangard threatened to “make every effort to prosecute” me if I break any laws. Why is the Dearborn County Prosecutor threatening me? Is he threatening me because he believes I am dangerous, or is he threatening me because I am naïve? I guess it depends on what side of good or bad Mr. Negangard falls on.

Frank Serpico left the New York City Police Department after recovering from a gunshot wound to the face. The New York Times did an article on Mr. Serpico earlier this year. Frank Serpico was a victim of the NYPD yet he was viewed as a villain by many in the NYPD. The only thing Mr. Serpico was guilty of was failing to distinguish the difference between the criminals on the street and the criminals on the police force. Frank Serpico’s “inability” to differentiate the “good” criminals from the “bad” criminals prematurely ended his law enforcement career. In the January article by the New York Times, Frank Serpico said, “They took the job I loved most. I just wanted to be a cop and they took it away from me.” In a sense, I feel that I can relate to Mr. Serpico. Why should a person be punished because other people are angry that the person follows the law? I haven’t broken any laws in Indiana yet Indiana treats me as if I am a criminal. Indiana took the job I loved most. I just wanted to be a dad, and Indiana took it away from me.

The Indiana Appellate Court doesn't tell the truth

I think the Indiana Court of Appeals is under the impression that we live in a place like Russia or China. I got a ruling [Click here to see the Appellate decision] from the Indiana Court of Appeals and apparently they are in the business of abusing children and taking away First Amendment Rights as well. Rather than deny my appeal because I did not preserve my right to appeal matters while representing myself or claim that my lawyer did not make the correct argument, the Appellate Court did just what the two trial court judges did; they lied.

Dearborn Circuit Judge James D. Humphrey terminated my ability to see my children on August 18, 2009, based primarily on the testimony and evaluation of child custody evaluator Dr. Edward J. Connor. The one thing that I have had difficulties understanding is why the state of Indiana makes laws if the state does not have to follow them. Indiana Code (IC) 31-17-2-12 deals with the procedures regarding custody evaluations for custody hearings. IC 31-17-2-12(b) states the evaluation and the testimony of the investigator may not be excluded in court on the grounds as hearsay if the requirements of subsection (c) are met. IC 31-17-2-12(c) states:

(c) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten (10) days before the hearing. The investigator shall make the following available to counsel and to any party not represented by counsel:
(1) The investigator's file of underlying data and reports.
(2) Complete texts of diagnostic reports made to the investigator under subsection (b).
(3) The names and addresses of all persons whom the investigator has consulted.

I tried to get a copy of Dr. Connor’s case file for fifteen months before the final hearing. Judge Taul said he would not release the file because he was not aware of Kentucky law. I still wonder why an Indiana judge would think that the laws of Kentucky govern the release of information in Indiana trials. When Judge Taul recused himself after participating in ex parte communication with Dr. Connor, Judge Humphrey stepped in to take over violating my rights to due process. Judge Humphrey said he was not going to let me have Dr. Connor’s file because he thought that I wanted to use it to hurt the children’s mother. [Please note that throughout the two and a half year divorce, I was never accused of harassing or menacing behavior by any party.] Judge Humphrey allowed Dr. Connor’s report and testimony to be admitted as evidence despite my objections that the evidence is hearsay because I was not provided a copy of Dr. Connor’s case file. Judge Humphrey terminated my parenting time based on Dr. Connor’s testimony and report.

Appellate judges are fair, right? What motivation would they have not to perform their duties in an honest and unbiased manner? The Indiana Appellate Court sounded like they did not like me in their ruling. As a lot of people know, appellate rulings can take several months or even years. The Indiana Appellate Court took just eighteen business days from the time they received the trial court record to make a decision. How did they rule on my appeal regarding me not having access to Dr. Connor’s case file per IC 31-17-2-12(c)? They affirmed the trial court’s decision.

I thought the Indiana Code was pretty clear; if I did not have a copy of the case file, then the evaluation was not admissible to court because it was hearsay. The Appellate Court disagrees. The Indiana Appellate Court stated, “We first note that IC 31-17-2-17(c) does not require that Dr. Connor’s entire case file be provided to Daniel.” The Appellate Court did not offer any statute or case law to support their opinion that “investigator’s file of underlying data and reports” did not mean Dr. Connor’s entire case file. When I researched cases involving IC 31-17-2-12(c), I was unable to find any case precedence that defined exactly what the “investigator’s file of underlying data and reports” consisted of. Immediately after the Appellate Court stated that the “investigator’s file of underlying data and reports” did not mean Dr. Connor’s entire case file, the Appellate Court wrote, “All the items specified by statute were provided.” Somehow the Indiana Appellate Court ruled that the investigator's entire file of underlying data and reports, under IC 31-17-2-12(c), did not refer to Dr. Connor's entire case file.

Despite there being no definitive explanation as to what Dr. Connor’s file of underlying data and reports” represented, the Appellate Court stated I was provided all of the information. Apparently, the Appellate Court did not review the transcripts from the May 27, 2009 hearing. When I questioned Dr. Connor on the stand about why he did not give me a copy of my responses to the questionnaires I filled out for the evaluation, Dr. Connor responded, “I don’t know. That should have been included and I will see to it that you get that, if you like.” From a legal standpoint, I hope that the Indiana Appellate Court understands that the only way that they could be sure that I was provided with all of “the items specified by statute” is if I was provided with a copy of Dr. Connor’s entire case file or if a Judge reviewed the case file and determined what information that I was required to have under IC 31-17-2-12(c). Since I did not get a copy of Dr. Connor’s case file; and no judge reviewed the contents of Dr. Connor’s case file; and Dr. Connor admitted in testimony that he did not provide me with some information; the Indiana Appellate Court just conjured up a story in an effort to deny my appeal.

Why would the Indiana Appellate Court lie just to hurt me? It appears that they don’t take kindly to people exercising their rights to freedom of speech and exposing unethical and/or illegal conduct of the Indiana Court System. I am not a lawyer and I represented myself at the trial court level. When the trial court failed to protect my rights to due process and to a fair trial, I created a website and a blog page to share my experiences. The Indiana Appellate Court demonstrated their disapproval of my internet material in their decision by lying about the court record in an effort to “build” a case against me.

Near the end of the appellate decision, the Indiana Appellate Court wrote, “During the pendency of the proceedings, Daniel posted information concerning the dissolution on his website and blog, in response to which [Wife] sought a protective order and a temporary restraining order on more than one occasion.” During the course of a trial, all motions, orders, and everything else that is filed with the court is logged into the Chronological Case Summary or CCS. The CCS from my case demonstrates that my ex-wife only filed ONE motion for a protective order/restraining order that requested the Court to force me to take down my internet material. The motion was filed on April 16, 2009 and there was a hearing on the motion on April 29, 2009. On May 14, 2009, Judge James D. Humphrey denied her motion because she failed to demonstrate how my writings were dangerous, harassing, and/or harmful to her or my children. Not only did the Appellate Court condemn me for something that the trial court already ruled did not harm my children or their mother, the Appellate Court fabricated a story that my ex-wife sought protective/restraining orders on more than one occasion, to strengthen their argument against me.

The Appellate Courts condemnation of my internet content that criticized the trial court came just three weeks after their June 29, 2010 decision, where the Indiana Appellate Court overturned a trial court ruling that prohibited a mother from exercising her First Amendment Rights in challenging the trial court. After the mother’s story about her court proceedings was published in the Indianapolis Recorder, the trial court issued a restraining order prohibiting her from speaking about the court hearings. In T.N. vs. B.D., the Indiana Appellate Court wrote:

“Freedom of speech is a fundamental right. De Jonge v. Oregon, 299 U.S. 353, 364 (1937). And the right to challenge the government, inherent in freedom of speech, is at the foundation of our Constitution. Thus, we decline to say that Mother’s right to freedom of speech must yield absolutely to all facets of what the juvenile court broadly described as “a confidential matter.”

So not only did the Indiana Appellate Court make up the story about my ex-wife having to file for multiple restraining/protective orders because of my web material that criticized the trial court, the Appellate Court condemned me for publicly challenging the government just three weeks after the Appellate Court wrote, “The right to challenge the government, inherent in freedom of speech, is at the foundation of our Constitution.”

So I guess the fight goes on. I’m researching options and talking to my lawyer because this is a matter that cannot be ignored. The Indiana Appellate Court is taking away my rights and the rights of my children because I exercised my fundamental right to freedom of speech, which is at the foundation of our Constitution. I can see why the Appellate Court doesn’t want me to talk about this, because people will know that the Court is vindictive and doesn’t tell the truth. Now they will probably punish me and my children even more for exercising my right to free speech. If the Indiana Appellate Court issues anymore rulings on my case containing information which is not in the official record and are not based on law, I will subpoena the IP information of the people in Indiana who have been frequenting my websites lately. I will be able to determine if anyone associated with the Indiana Appellate Court was doing their own research on a pending appellate case. It has been documented that an Indiana Supreme Court IP address has been frequenting my website. If you are a judge and you are reading this; there is a record of it. Subpoenaing Indiana IP addresses that have visited my websites can lead right to someone’s computer, Blackberry, netbook, IPad, etc... If we cower to corruption, what lesson does that teach our children? “The penalty good men pay for indifference to public affairs is to be ruled by evil men.” –Plato. I love you girls. Daddy is still fighting for you.

On a side note, page 14 of the Appellate decision states that my conduct during the trial court hearings made it necessary for a Sheriff's Deputy to be present in Judge Humphrey's courtroom for all three days of of the final hearing. Judge Humphrey lied about that in his brief as there was no special security in Humphrey's courtroom during the final hearing on May 27, June 2, and June 3 of 2009; just the normal bailiff. I am currently trying to obtain police and court records to prove that Judge Humphrey lied in his efforts to further deny my children of their father.

Letter to Dearborn County Officials; Re: Prosecutor Negangard illegally obtaining health records

Here is a copy of the letter I sent to Dearborn County officials. The Dearborn County Special Crimes Unit illegally obtained information from my confidential health records.

Dearborn County Officials

As you have been made aware by Dearborn County Prosecutor Aaron Negangard, I am under investigation by the Dearborn County Sheriff’s Department and/or the Dearborn County Special Crimes Unit. The purpose of this letter is to give Dearborn County Officials a better perspective of the entire situation.

On October 8, 2009, Special Crimes Unit Detective Mike Kreinhop left me a voice message indicating that someone made a complaint about my writings and he wanted to speak with me. On November 2, 2009, after being advised by my attorney that I would not be participating in any investigation without being told who filed the complaint or what the complaint was about, Detective Kreinhop drove to Norwood, Ohio to speak to me. During the course of speaking with Detective Kreinhop, he stated that he interviewed Dr. Edward J. Connor during the course of his investigation. Dr. Connor is a Kentucky psychologist who was appointed by the Court to perform a custody evaluation during the course of my divorce. As Dr. Connor gave evidence and testimony to the court, during the course of my divorce, that evaluation records are protected under HIPAA, state, and federal laws, Detective Kreinhop would have needed my permission to speak with Dr. Connor or an order to release the information from a court of law. IC 16-39-3 sets forth the Indiana regulations regarding the “Release of Mental Health Records in Investigations and Legal Proceedings.” IC 16-39-3-3 states:

Petition for release of patient's records
Sec. 3. A person:
(1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(10); or
(2) who has filed or is a party to a legal proceeding and who seeks access to a patient's mental health record without the patient's written consent;
may file a petition in a circuit or superior court requesting a release of the patient's mental health record.

IC 16-39-3-4 states:

Notice of hearing
Sec. 4. Except as provided in section 8 of this chapter, notice of a hearing to be conducted under this chapter shall be served at least fifteen (15) days in advance on the following:
(1) The patient.
(2) The guardian, guardian ad litem or court appointed special advocate appointed for a minor, parent, or custodian of a patient who is incompetent.
(3) The provider that maintains the record or the attorney general if the provider is a state institution.

During the course of Dr. Connor’s evaluation, I underwent psychological testing, I participated in interviews, I discussed confidential medical information, talked about my children, etc… Any and all of my correspondence with Dr. Connor is protected by Health care provider/client confidentiality laws. I never received a notice of a hearing to release my records from Dr. Connor’s office nor did I receive a copy of a subpoena or an order allowing Dr. Connor to share any information about me with Dearborn County Law Enforcement. Despite the fact that I did not give my written consent nor was there a court order compelling the release of my confidential records from Dr. Connor’s office, Detective Kreinhop, under the supervision of Dearborn County Prosecutor Aaron Negangard, disregarded my rights to privacy and interviewed Dr. Edward J. Connor.

As Mr. Negangard was quick to attack me the last time that I publicized his misconduct, I want to be sure to clarify under what grounds that Dr. Connor would be allowed to release any information about me without a court order. IC 16-39-2-6 sets forth the regulations pertaining to the release of records without a patient’s consent:

Disclosure without patient's consent; interpretation of records; immunities
Sec. 6. (a) Without the consent of the patient, the patient's mental health record may only be disclosed as follows:
(7) To a law enforcement agency if any of the following conditions are met:
(A) A patient escapes from a facility to which the patient is committed under IC 12-26.
(B) The superintendent of the facility determines that failure to provide the information may result in bodily harm to the patient or another individual.
(C) A patient commits or threatens to commit a crime on facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or agency for any reason and:
(i) the information to be released is limited to medications currently prescribed for the patient or to the patient's history of adverse medication reactions; and
(ii) the provider determines that the release of the medication information will assist in protecting the health, safety, or welfare of the patient.

As I have never been committed to a mental health facility nor was I in custody of Dearborn County law enforcement officials, Dr. Edward J. Connor aided Detective Kreinhop in illegally obtaining my confidential health records. A question that needs to be asked is “Why did Dearborn County Prosecutor Aaron Negangard send Detective Kreinhop to illegally obtain confidential health records?

It should be questioned who filed a complaint about my writings that necessitated the illegal gathering of my confidential health records. The fact that Aaron Negangard may have felt that I presented a “threat to anyone” does not give him the power or authority to obtain my health records without my permission or my rights to due process. As neither I nor the mother of my children lived in Dearborn County when the alleged investigation began, it could not have been my ex-wife who filed the complaint. The only other people who could have filed a complaint against me that would possibly compel Aaron Negangard to illegally obtain my health record from Dr. Connor’s office would be Dr. Edward J. Connor and Judge James D. Humphrey.

This is where things get very ugly in Dearborn County. If Judge James D. Humphrey filed the complaint against me and failed to recuse himself from my case for over eight months, he very well could face severe disciplinary action from the Indiana Supreme Court and could be disbarred. As Detective Kreinhop stated that he felt Dr. Connor retaliated against me for questioning Dr. Connor’s conduct, Prosecutor Negangard is aware that, if Dr. Connor made the complaint against me, the complaint may be another attempt at retaliation.

I truly believe that this investigation is nothing more than a shakedown because I publicized the unethical and illegal actions of Judge James D. Humphrey and Dr. Edward J. Connor. Aaron Negangard authorized Detective Kreinhop to illegally gather my confidential health information and recently accused me of trying to undermine the Dearborn County Criminal Justice System. My civil rights have been tromped on in Dearborn County. I lost the ability to see my children because Judge Humphrey felt that protecting Dr. Connor was more important than my children having a father. After illegally obtaining my confidential health information and sending Detective Kreinhop to Norwood, Ohio to speak to me, Aaron Negangard resorted to publicly attacking me because he could not arrest me because I do not break the law. All of the officials copied to Aaron Negangard’s July 12, 2010 email may be subpoenaed in future actions regarding the situation and may be held personally liable for damages resulting from the actions of Prosecutor Negangard and Dearborn County.

I am a father who had his two beautiful daughters stripped from him and I have had my civil rights crushed in Dearborn County. I may never know why the Dearborn County Court System is infatuated with appointing Dr. Edward J. Connor as a professional witness so they can punish people who question Dr. Connor’s unethical and illegal activity. Aaron Negangard will not be able to give a rational excuse as to why the Special Crimes Unit illegally obtained my confidential health records and he won’t be able to logically explain his reasoning behind his accusations of me trying “to get [Mr. Negangard] not to do [his] job of prosecuting those who violate the law.” It appears that the people in the system who are responsible for holding people accountable for their actions are the ones who are grasping at excuses to justify their own bad behavior. I do not know when Aaron Negangard will stop playing the role of a defenseless victim who is being bullied by me and take responsibility for his misconduct. I do know that I haven’t seen my daughters for nearly a year because of the corruption in the Dearborn government and I can guarantee you that I will not stop my very public quest until my questions are answered.

If you have any question, please do not hesitate to contact me. For more information, go to www.danhelpskids.com. Go to www.danbrewington.com to see a copy of this letter.

Very truly yours,

Dan Brewington

The Dearborn County Special Crimes Unit illegally obtains health information during investigations

The following is an amendment to my public records request. Apparently, Dearborn Prosecutor Aaron Negangard failed to get my written consent or a court order before he sent Detective Mike Kreinhop to gather confidential information from Dr. Edward J. Connor during the course of investigating my writings. No civil right is immune from being violated when Dearborn County Prosecutor Aaron Negangard is involved.

July 19, 2010

To: Dearborn County Prosecutor Aaron Negangard; Dearborn County Sheriff David Lusby

Re: Amendment to July 19, 2010 records request

Pursuant to the State and Federal laws governing access to medical records, I would like to inspect and/or copy any of my medical information that was legally and/or illegally gathered by the Dearborn County Special Crimes Unit/Dearborn County Law Enforcement:

On November 2, 2009 in Norwood, Ohio, Dearborn County Special Crimes Unit Detective Mike Kreinhop informed my mother and me that he interviewed Dr. Edward J. Connor Psy D during the course of his investigation of my writings. Dr. Edward J. Connor is a psychologist located in Erlanger, Kentucky who evaluated me for my divorce hearings. As my records (writings, testing, analysis, session notes, correspondence, etc…) with Dr. Connor and his office are considered confidential medical records and are protected under federal law, it is illegal for Dr. Connor to release any information to Dearborn County Law Enforcement Officials without my written consent or a court order. Under Indiana law, it would have been illegal for Detective Mike Kreinhop and or any other law enforcement official to obtain my confidential medical information without my consent or a hearing under IC 16-39-3-3. Any of my medical information/records (written or verbal) obtained by Dearborn County Law Enforcement from Dr. Connor’s office were gathered illegally and are not admissible evidence in seeking indictments and/or in court hearings.

Please provide me with a copy of any subpoenas, summons, court orders, etc… that were served on Dr. Edward J. Connor that compelled Dr. Connor to talk about and/or release my confidential medical information. Please provide me with any/all information gathered from Dr. Connor and/or his office pertaining to me as it is my medical record and I am entitled to the medical information under federal, state, and/or HIPAA laws. As I did not give written authorization to permit Dr. Connor to release my medical information to Dearborn County Law Enforcement Officials, if Dr. Connor released my medical information without an order from a judge, I would expect Dearborn County Law Enforcement to contact the appropriate agencies to report Dr. Connor’s actions. As Dr. Connor became licensed to practice psychology by the state of Indiana on July 8, 2008, Dr. Connor would be in violation of Indiana Law if he released any of my information that he gathered during the course of interviews, testing, correspondence, etc… to Detective Kreinhop. If Dr. Connor released my medical information without my consent and without a court order, please provide me with any and all information that was illegally gathered from Dr. Connor and/or his office as I have a right to preserve and protect my medical records.

Please let me know when the information regarding my confidential medical records will be made available for inspection and copying. If you have any questions regarding the above records request or evidence that Dr. Connor conspired to assist Dearborn County Law Enforcement in illegally obtaining my confidential medical information, please do not hesitate to contact me. For more information regarding Dr. Connor’s[1] history of unethical and illegal conduct, please visit www.danhelpskids.com.

Very truly yours,


Daniel Brewington

cc: Dearborn County Commissioners; Dearborn County Attorney Jack Gay

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[1] Dr. Edward J Connor Psy D is currently serving as a Court appointed expert in the murder trial of Andrew Conley. Aaron Negangard is seeking life without parole for Conley because the death penalty was not an option. The fact that Prosecutor Negangard is aware that Dr. Connor conspired to assist Dearborn County Law Enforcement in illegally obtaining my confidential medical records has the ability to jeopardize the State’s case against Andrew Conley and any other criminal trial involving Dr. Edward J. Connor.

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