ILNews

Marion County prosecutor discusses his first days in office

Back to TopCommentsE-mailPrintBookmark and Share

To lead any large law firm, a managing partner needs a diverse set of skills. He needs to understand budgets, crisis management, personnel issues, and how to interact with the media.

It’s essentially the same for the prosecutor of Indiana’s largest county.

During his first days in office, Marion County Prosecutor Terry Curry, who was sworn into office at midnight on Jan. 1, has faced some unique and sensitive issues.

On Jan. 2, a deputy prosecutor was arrested on charges of battery with injury and criminal trespass. She was later fired.

On Jan. 12, Curry re-filed charges in a high-profile case involving Indianapolis Metropolitan Police Department Officer David Bisard. According to the re-filed charges, Bisard’s blood alcohol content was at least .15 percent when his police car hit a group of motorcyclists, killing one and injuring two others.

Former Marion County Prosecutor Carl Brizzi did not include the alcohol-related charges in his filing because he said the blood draw was not done according to IMPD procedures because the facility that did the blood draw was not certified.
 

curry-terryw-15col Marion County Prosecutor Terry Curry, a former deputy prosecutor and former defense attorney, took office at midnight Jan. 1. He started his transition to the prosecutor’s office immediately following his victory in the Nov. 2, 2010, election. (IL Photo/ Perry Reichanadter)

Curry told Indiana Lawyer the facility did have a written protocol prepared by a physician for blood draws, which is one requirement for them to be considered valid. He also conferred with deputy prosecutors to learn more about the circumstances of the blood draw, and found there was a valid argument to be made to include those results in the charges.

Curry and his opponent in the race for prosecutor, Mark Massa, each said if elected they would re-file the charges to include the alcohol-related charges.

On Jan. 27, Curry filed charges against a man accused of shooting IMPD Officer David Moore, 29, during a traffic stop Jan. 23. Moore died Jan. 26. Moore’s funeral has been one of the toughest things Curry has had to face in his term so far.

“It was exceedingly emotional,” he said. “I can’t say enough good things about Jo and Spencer Moore and the dignity they showed given the circumstances that, at least to me, are incomprehensible.”

Curry explained that the prosecutor’s office has been forthcoming with the media about these and other cases it is handling as part of his effort to make the office more transparent and restore confidence.

“The single biggest challenge for the new prosecutor of this office, whether I or my opponent Mark Massa would have won the election, is restoring trust and confidence in this office,” he said. “Part of that is to make sure the public knows what our office does, including our successes, on a daily basis.”

Curry began work with his transition team as soon as he was elected Nov. 2. He worked with attorneys and former members of the office to interview every employee in the office.

Curry’s previous professional experience includes time spent in the prosecutor’s office from 1982 to 1984 and again from 1989 to 1992. He worked for Sommer Barnard, now Taft Stettinius & Hollister from 1978 to 1982, 1984 to 1989, and from 2002 to 2005. He also worked for Butler Schembs Curry & Jones from 1992 to 2002. After he left private practice in 2005, he went to work as a mediator for Van Winkle Baten & Rimstidt Dispute Resolution.

Today, the Marion County Prosecutor’s Office employs 175 attorneys and 190 professional staff, according to Lara Beck, the office’s interim public information officer. If the prosecutor’s office was a private firm, it would rank as the fourth largest law firm in the city of Indianapolis.

The transition team also considered the best ways to budget for the office, what practice areas within the office could be beefed up or pared down, and Curry participated in an orientation by the Indiana Prosecuting Attorneys Council with about 30 other new county prosecutors from around the state.

Linda Pence of Pence Hensel, a former colleague of Curry’s, worked with him on his transition. Pence is also representing the Wells family, victims in the Bisard case.

“First of all, we all know for our community that it is a very significant position,” Pence said. “The prosecutor has enormous powers and authority, so we want someone who’s competent, thoughtful, and has good judgment. I was thrilled when he was elected because he has those characteristics.”

Pence said Curry didn’t waste any time getting started.

“He wanted to hit the ground running,” she said. “When he was sworn in, he already had a game plan, which was very impressive. In all the meetings, he knew where he would go, how to improve, how to reorganize. He wasn’t just meeting people, he had a game plan.”

Steve Johnson, IPAC executive director, said he was not surprised that Curry evaluated the staff who worked for his predecessor.

“For the larger counties, when there’s a shift in political parties and when a new prosecutor isn’t moving into the job directly from a chief deputy prosecutor position, the new prosecutor will have to evaluate all of their staff. This is especially true in a large office where you want to have confidence in your supervisors. In some counties where there are only two or three people in the prosecutor’s office, it’s different. But in Marion County, while Terry could oversee some cases, he can’t supervise everything that’s going on.”

Curry said he and the transition team spent time considering how to best use the human resources they have. Among his focuses are the major felony unit, white collar crimes, and political corruption. He also intends to beef up the Community Prosecution Division, providing more interaction with neighborhood associations, faith-based groups, and the police who regularly interact with residents.

Because he had trial experience prior to taking office, Curry said he plans to actively work on some cases. But he also said as prosecutor it’s his job to be hands on with other cases, and he will be a sounding board for the deputy prosecutors who have questions concerning cases they are handling.

While fielding candidates for open positions, Curry said he noticed many applicants were highly qualified, likely due to the tough job market. He said he had a stack of resumes many inches high, and he got his first call asking for a job the morning after he was elected.

Early in the transition, Curry reached out to leaders at IMPD and in the sheriff’s office, as well as state police, the secretary of state’s office, the U.S. attorney, and federal investigative agencies to foster a better working relationship.

“In the first 30 days there were a lot of high-profile things going on, but that’s not unusual,” Pence said. “When you walk into a prosecutor’s office like this one, you shouldn’t be surprised. As you can tell, he has a very calm demeanor and sound judgment. In all of those situations, he went in and analyzed them, no emotion; he considered what does the law say, what are the facts. … When you have that training, you just know how to handle it.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT