ILNews

Convicted ex-coroner hits Brizzi with legal malpractice suit

Back to TopCommentsE-mailPrintBookmark and Share

Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.

The complaint also blames Vangundy’s drunken-driving arrest on “sleep driving” induced after she took her first-ever dose of Ambien.

The suit filed May 16 in Marion Superior Court claims Vangundy paid Brizzi a flat fee of $10,000 for advice regarding election law and the implications for a public official pleading guilty to a felony.

“Carl Brizzi’s advice that Ms. Vangundy should plead guilty to official misconduct, a Class D felony, but receive misdemeanor sentencing, because she would be able to continue to serve as Hancock County coroner was flat wrong and caused Ms. Vangundy to forever lose her position as Hancock County coroner,” according to the complaint.

“After the plea agreement was accepted by the court, the Hancock County prosecutor emailed Carl Brizzi and threatened to prosecute Ms. Vangundy for impersonation of a public servant if she took a single coroner call from that day forward,” according to the complaint. Vangundy is represented by Cohen & Malad LLP.

Brizzi said Thursday he had not seen the complaint. “Attorney-client privilege is probably still in place,” he said. “I’d better wait and let it all sort of come out in due course. … Situations like this, discretion is probably the best route.”

In the complaint, Vangundy claims she was distraught after assisting in the autopsy of a teenage girl who was near the same age as her daughter. She shared wine with a friend afterward and later took the sleep aid Ambien “after her emotionally draining day.”  

Later that day, May 2, 2012, the coroner’s office was notified of a suspected suicide of a New Palestine teenager. Vangundy’s arrest for drunken driving when she arrived at the scene intoxicated made headlines, and a day later she was charged with misdemeanor operating a vehicle while intoxicated, misdemeanor operating a vehicle with an ACE of 0.15, and the felony official misconduct count.

“At some time after instructing the deputy coroner to handle the death call, Ms. Vangundy, while inside her home, blacked out or had a ‘sleep driving’ and amnesic incident,” the complaint says. “She left the residence leaving the door to her home open, got in her Jeep, and went to the scene of the death.”

A few days later, she won the Republican primary and had been slated to run unopposed for re-election last November.

Vangundy was advised to plead guilty to the charges, which she did Aug. 22. “When the judge read the plea of guilty to the felony charge, Ms. Vangundy specifically looked at Carl Brizzi and asked again, ‘Am I supposed to say yes to that?’” the complaint alleges.

“Brizzi advised Ms. Vangundy to say yes and to plea and again assured her that her position as Hancock County coroner was fine,” according to the complaint. Brizzi later told reporters that Vangundy wasn’t a convicted felon, but reversed himself that evening, telling the Greenfield Daily Reporter that Vangundy’s banishment from office was something attorneys on both sides hadn’t realized. “So shame on us for not considering it. There’s no excuse for it. It was a mistake, for sure,” Brizzi told the Daily Reporter.

The complaint alleges that when Vangundy asked for a refund over the bad advice, “Brizzi laughed and refused.” Vangundy claims her damages include the $10,000 fee, interest on a loan taken to pay the fee, lost salary and benefits, emotional pain and suffering, attorney fees and other relief.

“It is hard to believe that Mr. Brizzi would admit not even reading the statute he was hired to read and then (refuse) to give back the $10,000 he charged his client,” Cohen & Malad managing partner Irwin Levin said in a statement. “Ms. Vangundy was entitled to competent legal advice and Mr. Brizzi didn't give it. Ms. Vangundy's world has been turned upside down.”

Tamara Vangundy v. Carl J. Brizzi and Carl Brizzi & Associates, 49D05-1305-PL-20824, was filed in the court of Marion Superior Judge Robert Altice Jr., who on Thursday recused himself for unspecified reasons. The matter was pending random reassignment to a new judge Thursday afternoon.

The suit is the latest in a string of troubles for the embattled former prosecutor. Earlier this month, former deputy prosecutor David Wyser agreed to plead guilty to a federal charge of bribery for his role in the early release of a woman convicted in a murder-for-hire scheme. Brizzi is a target of on ongoing FBI investigation but has not been charged, sources told Indiana Lawyer’s sister publication, Indianapolis Business Journal. Brizzi has denied wrongdoing.

Brizzi, elected prosecutor in 2002 and 2006, chose not to seek re-election in 2010. He was reprimanded by the Indiana Supreme Court in March 2012 for prejudicial statements he made while prosecuting a murder case in 2008. Admitted to the bar in 1994, Brizzi’s license status on the Indiana Roll of Attorneys is active in good standing.
 

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