ILNews

Hogsett lifts US attorney's public profile

Back to TopCommentsE-mailPrint

Joe Hogsett made a point after he was confirmed in 2010 to visit each of the 60 counties he represented as the new U.S. attorney for the Southern District of Indiana.

He met with local police, prosecutors and law enforcement officials. But he often needed no introduction due to his long involvement in Democratic politics, including election to statewide office as secretary of state under Gov. Evan Bayh.

il-joe-hogsett01-1col.jpg U.S. Attorney for the Southern District of Indiana Joe Hogsett said his office is focused on prosecuting gun crimes, public corruption cases and white-collar crime. (IBJ Photo/ Perry Reichanadter)

After his appointment by President Barack Obama, Hogsett’s new persona was an aggressive law-and-order federal prosecutor. He told officials his office would train its resources on gun violence, going after “the worst of the worst” offenders, public corruption and white-collar crime.

“For the most part, they congratulated me, wished me well,” Hogsett said in an interview. But he said another reaction commonly followed.

“In many cases they’d pull me aside and ask me, rather sheepishly, what the U.S. attorney does,” he said. “I came into office with a real desire to raise the profile of the office, because I know firsthand the importance of the work this office does.”

Hogsett said he also wanted to give credit to the approximately 30 attorneys and 50 support staff who work in the district’s Indianapolis and Evansville offices.

Hogsett also found law enforcement officials were frustrated that cases they recommended for federal prosecution didn’t get made. His response: “We’re not going to promise you the moon. … We’re going to turn over a new leaf and open up channels of communication we’ve never opened up before.

“If you are genuinely successful in reaching out to local law enforcement, if you are there to assist them … 50 percent of your job is accomplished right there,” he said.

But some question why particular cases end up in federal court and similar cases don’t, and wonder about motivations of a far-more public federal prosecutor.

Making federal cases

Since Hogsett took office, more than twice as many people have been prosecuted in federal court compared to the number prosecuted under interim U.S. Attorney Tim Morrison, who retired in 2011.

Hogsett said 442 defendants were charged in federal court in 2011 – he called it “a banner year for the U.S. Attorney’s Office” in a press release – compared with 216 in 2009. Former U.S. Attorney Susan Brooks, who resigned in 2007, prosecuted 369 people in her final full year.

Brooks and Morrison declined requests for comment.

Hogsett said that in 2010, 103 indictments were issued for felony gun charges compared with just 14 in 2009.

Federal charges increase the likelihood of pretrial detention and severity of sentences. Federal prisons require 85 percent of a sentenced be served; Indiana Department of Correction guidelines can cut time served on a sentence by half or more.

But Indiana Federal Community Defenders Executive Director William E. Marsh said the numbers cut another way. There’s reason to be troubled by the spike in federal prosecutions and by a higher profile for the U.S. attorney, he said.

“I don’t know exactly what the purpose of raising the profile is. There are potential downsides to raising the profile,” Marsh said. “From my perspective, that has the potential of changing the balance between state and federal prosecutions. We’ve always had what I consider a good balance … they’ve federalized a lot more things that traditionally have been state court matters.

“It’s a change in our district for sure,” Marsh said.

Longtime Butler University history professor George Geib said such debates have existed as long as have federal courts. “The beauty and the curse of the American system is the federal/state balance is imprecise,” said Geib, who with Indianapolis attorney Donald B. Kite Sr. co-authored “Federal Justice in Indiana: The History of the United States District Court for the Southern District of Indiana.”

“It’s very hard to compare different U.S. attorneys one to the other because they operate at different times, the membership of the court changes, and to a degree the personality and the procedures of a courtroom change,” Geib said. “Much more serious, the issues change.”

The key issue for Hogsett is gun crime. “If you are a convicted felon, you have no right to possess a firearm, period,” he said. “Yet there are enormous numbers of violent felons in possession of firearms.”

Hogsett also has prosecuted “straw purchases,” in which firearms are bought and supplied to felons who use them to commit crimes. He gained federal convictions against 14 people peripherally involved in the murders of Indianapolis police officer David Moore and Terre Haute police officer Brent Long. At least two gun dealers also have been charged in federal court with selling to felons and/or failing to collect required documentation.

Such crimes require the force of federal law, Hogsett said. But Marsh said federal prosecutors also are picking “low-hanging fruit.”

“One concern that I’ve seen a little bit of evidence of is there may be a tendency to take into federal court some cases we would say are easy cases,” Marsh said, “because it raises the number of arrests. The reality is that for every gun case filed in federal court, there are probably 50 out there that can be filed in federal court but aren’t. We’ve seen some really unjust sentences.”

Image and perception

Hogsett also is targeting public corruption, appointing a working group to investigate allegations that includes members from such diverse federal and state agencies as the FBI and state police to the U.S. Postal Service. A hot line at the U.S. attorney’s office has been established for whistleblowers.

Prosecutions such as that of former Indianapolis City-County Councilman Lincoln Plowman on charges of attempted extortion and soliciting a bribe often come to light when Hogsett steps in front of cameras in news conferences to announce them. Marsh said such publicity disadvantages defense attorneys, who often can say little publicly.

Hogsett said it’s part of the job. “I’m in the unique position of being the only person able to speak for the federal (judicial) family.”

Geib said federal prosecutors have become more visible nationally.

“Many of the changes that have come about, including the use of publicity, is reflected in the way that a new generation of prosecutors have chosen to try the case,” Geib said. “It’s not so much Joe as it is the spirit of the times. You’re swimming in a stream, and you have to adjust to the currents and the eddies that are there.”

In a sense, that’s how Hogsett’s life in public service has been. Elected secretary of state in 1988, he unsuccessfully ran for U.S. Senate and U.S. House in the early 1990s. A former Democratic state party chairman, he managed Hillary Clinton’s presidential campaign in the state.

Hogsett was a partner at Bingham McHale (now Bingham Greenebaum Doll) in Indianapolis when Obama tapped him.

While Hogsett doesn’t rule out potential future political aspirations, he acknowledges that he serves at the president’s pleasure.

“I would like to continue doing what I’m doing,” he said. “If there is a change in the White House, there will be a change in U.S. attorneys. It’s all up to the voters.”•
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

ADVERTISEMENT