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Brizzi disciplinary case delayed again

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Indiana Lawyer Rehearing

By the time Marion County Prosecutor Carl Brizzi faces a disciplinary hearing on alleged misconduct about how he publicly discussed pending cases, he’ll have finished his term and will no longer be prosecutor in the state’s largest county.

A two-day hearing set for Oct. 26-27 before Shelby Circuit Judge Charles O’Connor was delayed after both parties asked for a continuance because of discovery issues that have been ongoing for most of the year. A new date is set for January. This is the second time the hearing has been pushed back – it was originally set for the end of April.

Brizzi has denied that he violated any professional conduct rules, as the Disciplinary Commission accused him of last year. A formal complaint filed Oct. 1, 2009, alleges the prosecutor’s public comments about two murder cases crossed the line and violated conduct rules. Brizzi’s statements went beyond the public information purpose and prejudiced the pair of cases, according to the complaint, and amounted to violations of Indiana Professional Conduct Rules 3.8(f) and Rule 3.6(a).

One allegation resulted from an April 2008 news conference where Brizzi made statements about accused multi-state serial killer Bruce Mendenhall, and a second allegation involves a 2006 news release about the Indianapolis Hamilton Avenue slayings, where seven people were killed and Brizzi initially sought the death penalty. A comment in that news release stated about the defendants, “They weren’t going to let anyone or anything get in the way of what they believed to be an easy score.”

After the April hearings were postponed because of ongoing discovery issues, the October dates were scheduled. The Disciplinary Commission attorney and Indianapolis attorney Kevin McGoff, who represents Brizzi, filed a continuance motion on Oct. 19. The motion delves into the “broad” and “voluminous” discovery requests to Indianapolis media outlets, as well as requests that Brizzi’s office couldn’t fill and had to contact the county’s information services agency to explore. Some of those documents have just recently been received and more will likely follow, the motion says.

The new date means that Brizzi, who isn’t seeking a third term and will leave office at year’s end, will no longer be prosecutor once the misconduct hearing happens. Whether that change influences any disciplinary decision-making is unknown, but the Indiana Supreme Court makes the final decision after the hearing officer’s findings and recommendations are submitted.

Rehearing "Prosecutor denies alleged misconduct" IL Jan. 20-Feb. 2, 2010

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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