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Candidate wants prosecutor to step down

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Marion County Republican prosecutor candidate Mark Massa has called on Marion County Prosecutor Carl Brizzi, also a Republican, to step down in the wake of a five-month-long Indianapolis Business Journal investigation.

Massa, a former general counsel for Gov. Mitch Daniels and deputy prosecutor in Marion County, on Wednesday announced a series of ethics reforms he plans to enact if elected. Highlights of the plan include a new public integrity unit within the Prosecutor's Office and a whistle-blower hotline for public employees to report malfeasance among elected officials.

He also said the man he hopes to replace should resign before his second four-year term ends Dec. 31. Massa cited a series of "disturbing published reports" detailing Brizzi's business dealings while in office, including an investment with a prolific defense attorney.

"I believe the prosecuting attorney should inspire public confidence, not public cynicism," Massa said in response to questions from reporters outside the federal courthouse in Indianapolis.

"I will work simply for the paycheck from the people every two weeks, and I'll work hard to earn it," he added.

Brizzi has resisted calls from former supporters to resign, and he has a personal interest in sticking around: He will be eligible for a public pension if he finishes his second term. With eight years of service, he would be entitled to earn 24 percent of his highest annual salary of $125,000, or about $30,000 per year once he reaches retirement age, by IBJ's calculation. The IBJ is a sister publication of Indiana Lawyer.

Brizzi, 41, said in a statement late Tuesday that he has no plans to resign.

"I have received no communications from anyone concerning a request to resign, period," Brizzi wrote. "Instead of adding to rumor-mongering or allowing innuendo to substitute for fact, I believe it is in the best interest of our community to focus on real-world issues, such as the safety of our residents and the effective prosecution of criminals."

Massa promised that, if elected, he would not engage in outside business interests, serve on the board of any for-profit company or accept gifts of any kind.
IBJ.com reported earlier Wednesday that Massa has been talking with Republican elected officials, seeking their support for a call for Brizzi to resign.
The request for Brizzi to step down comes just days after IBJ exclusively reported on Brizzi's personal intervention last year in a major drug case to offer a reduced sentence to a business partner's client.

Brizzi insisted on a plea deal for Joseph Mobareki that would be acceptable to defense attorney Paul J. Page, despite objections from both law-enforcement officers and his own deputy prosecutors. Brizzi also directed his staff to return $10,000 in cash seized from Mobareki. A year earlier, Page had arranged for Brizzi to own 50 percent of an Elkhart office building worth $900,000 without investing any cash or co-signing a loan.

If Brizzi stepped down before his terms ends, the responsibility under Indiana law to fill his position would fall to the Marion County Republican caucus, which likely would appoint Massa. If Brizzi were removed from office, the governor would appoint a replacement.

State law spells out a process for impeachment by the Indiana General Assembly should a prosecutor be convicted of a misdemeanor. A felony conviction could lead to removal from office by the Indiana Supreme Court.

Questions about the Mobareki case are only the most recent of Brizzi dealings to attract scrutiny. He has invested in public companies affiliated with Timothy Durham, the target of a federal securities fraud investigation. He bought a stake in the downtown Indianapolis restaurant Harry & Izzy's. And he has invested in real estate deals with John Bales, the real estate broker who represented the Prosecutor's Office in its lease deal.

Terry Curry, the Democratic candidate for prosecutor, said Brizzi's involvement in outside investments and business dealings sends the wrong message.
"It is clearly poor judgment to enter into business relationships with anyone while you are the full-time prosecutor of Marion County," Curry said in an interview. "I can absolutely pledge as prosecutor I wouldn't enter into any kind of outside business relationships."

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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