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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

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  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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