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Judge sues prosecutor for intimidation, retribution

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A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.

Delaware Circuit 2 Judge Richard Dailey and his wife, Nancy, filed the lawsuit Aug. 18 in Delaware Circuit Court 1 against McKinney, former chief administrative deputy prosecutor Ronald Henderson, the state, and Delaware County. The judge and his wife allege that McKinney, Henderson and others in the Delaware County Prosecutor’s Office entered into “a conspiracy to intimidate, extract retribution, and discredit” Judge Dailey because of the judge’s finding in August 2008 that the way McKinney handled civil drug forfeitures amounted to fraud on the court.

Judge Dailey found that the city accounts in which the proceeds from the civil drug forfeitures were deposited weren’t general fund accounts as required by law, but were accessible by members of the Muncie-Delaware County Drug Task Force, an entity McKinney also represented as its attorney. At the time of these forfeitures, McKinney was a deputy prosecutor before being elected prosecutor in January 2007. The judge also ruled that the “Confidential Settlement Agreements” weren’t approved by courts, law enforcement costs weren’t detailed and forfeited assets weren’t apportioned to fiscal bodies, and McKinney handled civil drug forfeitures as private counsel for which he was paid after being elected prosecutor, all in violation of Indiana law.

The plaintiffs claim in August 2008, after Judge Dailey’s ruling, Henderson publicly objected to Nancy’s employment as development officer for the Youth Opportunity Center in the county, threatened to object to every proposed juvenile placement at the facility while she worked there, and drove slowly past her parking spot at the center. Nancy eventually resigned.

The suit also alleges that McKinney made comments to local newspapers in order to discredit, intimidate, or extract retribution against the judge, as well as that the defendants manufactured a criminal case against Judge Dailey.

They claim the defendants’ actions violated the Daileys’ Fourth, Fifth, Eighth, and 14th amendment rights, that their reputations continue to be severely damaged, and they suffer from emotional distress. They seek a judgment to compensate them, punitive damages, reasonable attorney’s fees, and other relief.

According to the suit, Judge Dailey informed the Indiana Supreme Court Disciplinary Commission in late August 2008 about the alleged policy in the prosecutor’s office to discredit him based on his ruling on the civil forfeitures issue. McKinney currently faces disciplinary charges in connection to his role as a private attorney on the civil forfeiture matters. According to the docket in his disciplinary case, the Disciplinary Commission's tender of the hearing officer’s findings of fact and conclusions of law, brief in support of the proposed findings, and McKinney’s proposed findings of fact, conclusions of law, and recommendations to the court were entered Friday. Boone Circuit Judge Steven David, a finalist for the upcoming Indiana Supreme Court vacancy, is the appointed hearing officer.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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