ILNews

COA affirms man’s conviction of intimidating Dearborn County judge

Back to TopCommentsE-mailPrintBookmark and Share

A Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and the judge’s wife could not stand.

Daniel and Melissa Brewington were going through divorce proceedings before Dearborn Superior Judge Carl Taul. Dearborn Superior Judge James Humphrey later took over the case. Dr. Edward Connor was assigned to perform the custody evaluation of the children. He determined that Melissa Brewington should be the sole custodian and primary residential parent with Daniel Brewington receiving visitation because the couple couldn’t communicate effectively.

Daniel Brewington objected to the report. Instead of allowing Connor to meet with him again, he began sending a torrent of abusive letters to Connor to release his entire file to him, withdraw from the case, and withdraw the evaluation. After Humphrey took over the case and entered a final order granting sole legal and physical custody to Melissa Brewington, Daniel Brewington began posting on websites claims that Humphrey was a child abuser and corrupt. He also posted online the name of Humphrey’s wife, Heidi, and their home address and told people to send letters about his case to that address. He did not say that Heidi Humphrey, who previously was an advisor on the Supreme Court’s Judicial Ethics and Professional Committee, is James Humphrey’s wife.

Daniel Brewington was indicted on six charges and found guilty of five at trial: Class A misdemeanors intimidation relating to Connor and Heidi Humphrey ; Class D felony intimidation relating to James Humphrey; Class D felony attempted obstruction of justice relating to Connor; and one count of Class D felony perjury for falsely stating during grand jury proceedings that he didn’t know Heidi Humphrey was the judge’s wife. He received a five-year aggregate sentence.

In Daniel Brewington v. State of Indiana, 15A01-1110-CR-550, Daniel Brewington appealed on several grounds, including double jeopardy and whether the evidence can sustain his convictions. The Court of Appeals concluded that double jeopardy required the intimidation conviction relating to Connor to be reversed and vacated because the jury could have relied on the same evidence to convict Daniel Brewington of intimidation and attempted obstruction of justice convictions. The judges reversed his conviction relating to the judge’s wife, finding his posting of her address on the Internet and inviting the public to send comments about his divorce case didn’t constitute a threat as defined by statute.

They upheld the conviction relating to James Humphrey, rejecting Daniel Brewington’s argument civil defamation law principles must be incorporated into Indiana Code 35-42-2-1(c)(6).  The judges found the state was not required to provide evidence that his public statements about James Humphrey were knowingly false.

The Court of Appeals affirmed the trial court in all other respects.

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT