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COA affirms man’s conviction of intimidating Dearborn County judge

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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.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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