ILNews

Brizzi regrets perception damage

Back to TopCommentsE-mailPrintBookmark and Share

If he had it to do over again, Marion County Prosecutor Carl Brizzi said he wouldn't get involved in a real estate deal with a local criminal defense attorney.

The eight-year prosecutor in the state's largest county spoke with Indiana Lawyer today on the heels of recent reports that have damaged his reputation and hampered his public perception. He denied doing anything illegal or unethical, but said he'd take a different path if there was a chance.

"In hindsight, even if I knew there was nothing illegal or unethical being done, if I had to do it all over I wouldn't do it again," Brizzi said. "This creates an appearance issue that's been distracting, and now I have to disprove a negative. It's hard to recover from that. It's not worth it."

In its April 14-27, 2010, edition Indiana Lawyer reported on the controversy, exploring how the state's legal community is watching and learning from what's unfolding in Marion County.

The issues surfaced in an April 3 article in the Indianapolis Business Journal, which is owned by the parent company of Indiana Lawyer. IBJ reported first that Brizzi intervened last year in a drug case to offer a reduced sentence over objections from law enforcement officers and his own deputy prosecutor. He insisted on a plea deal for accused drug dealer Joseph Mobareki that would be acceptable to Indianapolis criminal defense attorney Paul J. Page. Page is a lawyer at Indianapolis-based Baker Pittman & Page and a Brizzi friend, campaign contributor, and business partner on an Elkhart County real estate deal. According to the IBJ report, Brizzi also ordered his staff to return $10,000 in cash seized from Mobareki, and the money was routed through Page.

Other issues involving Brizzi's past campaign donations have been raised in recent months, raising questions about the general role of attorneys contributing to the political campaigns of judges and prosecutors they might appear before or argue against in court.

While not discussing the merits, other prosecutors and attorneys throughout Indiana said the issues are distracting and are a concern for the entire legal community.

Brizzi admits this situation is a public-perception nightmare, and he's devoted to repairing his own reputation and that of the prosecutor's office. He is in the final months of his second term and isn't running for re-election. So far, Brizzi has rejected calls for his early resignation because of the controversy.

With 45,000 cases a year, Brizzi understands that people will be looking at every case for possible questions or issues. That forces him to be even more careful in how he operates and navigates issues he hasn't faced before, he said.

"This is not a cookie-cutter operation, but I have to take extra care in every case that comes before this office," he said. "You can't put that genie back in the bottle."

Brizzi also said that if he were running again, he wouldn't accept campaign contributions from any defense attorneys who might be in the opposing counsel position at some point. He had to raise about $3 million during his last campaign and some of those contributions came from the defense bar in Marion County, he said.

"If prosecutors and judges are going to accept contributions from those in their courts or legal communities, we have to be able to apply that consistently," he said. "If there's the potential for a question, then it makes sense to not accept them."

A larger issue that perhaps warrants consideration from the Indiana General Assembly concerns state statutes that should be tweaked on the issue of campaign contributions in the legal community. The Indianapolis Bar Association in February created a task force to study the issue of campaign contributions and public confidence within the legal system. The IBA exploration follows a landmark U.S. Supreme Court decision last year in Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252 (2009) that dealt with judicial campaign contributions and subsequent recusals.

At the same time, Brizzi wondered if it might be time to revisit an issue that's been addressed by Indiana State Bar Association advisory ethical opinion No. 2 from 1982, which says there's no per se prohibition of business ventures between prosecutors and defense attorneys.

But there's a line that must be drawn and Brizzi said he doesn't know where that line should be.

"I don't think it's fair to say that elected prosecutors shouldn't be allowed (to be involved in) any other outside business," he said. "What about owning stock or rental property? Where's the line?"

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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT