ILNews

Brizzi disciplinary case poses 'actual prejudice' question

Back to TopCommentsE-mailPrintBookmark and Share

Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.

Testifying before Shelby Circuit Court Judge Charles O’Connor just a week after leaving the elected prosecutor’s office, Brizzi told the hearing officer that he didn’t believe he had done anything wrong in making statements about two high-profile murder cases after charges were filed in 2006 and 2008 and that the defendants in those cases received fair trials. But the Indiana Disciplinary Commission contends that Brizzi’s comments violated the rules and that his conduct years ago went against the administration of justice.

The commission filed a formal complaint against Brizzi Oct. 1, 2009, accusing him of making statements that went beyond the public information purpose and prejudiced the cases. The complaint contends that this conduct amounted to violations of Indiana Professional Conduct Rules 3.8(f) and Rule 3.6(a).

One of the allegations stems from an April 2008 news conference, when Brizzi made statements about accused multi-state serial killer Bruce Mendenhall. The 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."

Arguing for the Disciplinary Commission, attorney David Hughes said those comments were prejudicial against the individuals. He insinuated that the motivation behind the statements was part of a larger message the prosecutor was sending at a time when Indianapolis was experiencing higher crime trends and, in 2006, when Brizzi faced a heated election race.

“In today’s media market, what a prosecutor says in public really matters, especially in a big market like Indianapolis,” Hughes said.

Attorney Matthew Symons, who works as a deputy prosecutor in Marion County and had previously served as Brizzi’s media relations manager and former 2006 campaign manager, was the only other person aside from Brizzi to testify. He spoke about the prosecutor’s office standards and practices in holding press conferences and communicating with the media.

On the stand, Brizzi furthered Symons’ explanation and said he strived as prosecutor to help explain what was happening in his office and with criminal proceedings in a way that the public could easily understand. He discussed how he found out about the Hamilton Avenue slayings when he was out of the state in 2006 and how he always worked to be mindful of due process and potential prejudice issues.

“It’s a delicate balance you have to strike,” he said in reference to a question from his attorney about how the conduct rules apply to prosecutor statements. “The public doesn’t know what we’re reviewing in the office, so we must tell them. I want to give out as much information as I can to the public, without interfering with a defendant’s right to a fair trial.”

Brizzi testified that he couldn’t recall the particular context behind the isolated comments that are alleged to be rule violations. In that they were both capital cases involving the death penalty, Brizzi said he wanted to make sure the general public understood why he was making such a “monumental decision” involving both defendants.

Hughes argued that the comments were prejudicial to the administration of justice as soon as they were spoken because actual prejudice of jurors shouldn’t be required as proof. He cited a comment from U.S. Supreme Court Justice Anthony Kennedy about how actual prejudice shouldn’t be required because then any “Disciplinary Commission is a fool’s errand.”

But the defense disagreed. Brizzi said that is not what he has always understood the rule to be and, if it was, this case would not have gotten to this stage.

“If it’s a strict ‘you said it’ test, then we’re done,” Brizzi said. “I said it, and admit that. But it’s not (the test), and I don’t think this was prejudicial to the trial and the evidence shows that. I do not believe I violated those rules.”

Both parties have until Feb. 25 to submit proposed findings, and then Judge O’Connor will issue a report before sending the case to the Indiana Supreme Court for review. The ultimate disciplinary decision and any sanction would be up to the five justices.
 

ADVERTISEMENT

  • Okay
    So when do they investigate Brizzi for corrupt influence peddling to his cronies like Paul Page and Tm Durham?
  • Brizzi
    Everytime brizzi made a big bust he would brag to the media about what a tough prosecutor he was. Most of his big cases went south, especially ones he handled. But he never went to the media to apologize for prosecuting innocent people. And he didn't apologize for letting off friends and using his office for peresonal gain.

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT