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DTCI: Kyrouac looking forward to 2011

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DTCI-Kyrouac-scottI am truly honored and humbled to be the 44th president of DTCI. When I look back on all the time I have spent with DTCI, I can honestly say it was well worth it. I look forward to another year of fulfilling and worthwhile effort in partnership with the DTCI board of directors.

Goals for 2011

It is no secret that defense lawyers are some of the nicest folks around, at least outside the legal arena. The real secret that I want to share with my fellow DTCI members is that plaintiffs’ attorneys also fit this description. This altruism leads me to my first goal for the coming year: promoting civility.

A wise letter to a local newspaper editor recently said, “Criticizing others is a dishonest way of praising ourselves.” This should serve as a principle in our quest to promote civility. There is no reason to be negative about a legal opponent, judge, or even a member of your own firm. Muhammad Ali will never be canonized as a saint, but he did demonstrate that one does not have to tear an opponent down after a victory to make himself look better. Ali was usually very complimentary after the fight about his defeated opponent. May I suggest that lawyers hold their tongues and think twice before criticizing a fellow member of the bar? Motions to compel and motions for sanctions should be filed only as the last resort. Rather than write the nasty letter or e-mail, will you consider picking up the phone and engaging in civil conversation? On a similar note, as an organization I sincerely hope we will continue to refrain from supporting any legislation that is “anti lawyer” or “anti jury.” Our system of justice has been in effect for well over 200 years, and it has worked well. The right to settle disputes by jury should be available to all and should remain an integral part of our freedom.

A second goal for 2011 is to continue the growth and development of all of our sections. This is especially true with regard to the paralegal section. Paralegals have the potential to make law firms more cost efficient. Too often they are an afterthought in the defense practice. It is essential that they be allowed to continue their development in our organization.

A third goal is to be more responsive to the needs of our sponsors. Vendor booths at seminars should be in areas that are easily accessible to attendees. At the 2011 annual meeting, I recommend that we consider giving a few engineering experts and vocational experts an opportunity to make some short mutually beneficial presentations so that lawyers truly understand how such services can benefit their clients. Sponsors help keep membership fees down and play a crucial role in the continuing education process. Recognition of our sponsors remains an integral task of our organization.

A fourth goal is for 2011 is to continue to provide members value in their membership. The website, although much improved, has the potential to do more. The Indiana Civil Litigation Review, which is available on the DTCI website, should be made searchable so that its articles may be located and cited more easily. Similarly, accessible brief banks could provide value to our members. As one plaintiffs’ attorney said after attending last year’s annual meeting, which discussed Stanley v. Walker, “your seminar content was great and the presenters even better.” Let’s hope in 2011, all members and nonmembers attend, enjoy, and benefit from DTCI’s fantastic seminars.

Advice from the bench

In closing, let me tell you what an honor it was to attend Justice Steven David’s robing ceremony. Justice David provided words of inspiration appropriate for the entire bar: “I believe in humility, respect, fairness, and the rule of law.” He concluded with 12 words of advice that are applicable for us all: “Work hard, do good, be proud, have fun, and do what’s right.”

With these words as our guide, 2011 shall be a great year for DTCI.
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I would be remiss if I did not acknowledge the many DTCI volunteers who did so much for the association in 2010. Our space is very limited, so a mere listing must suffice.

First and foremost, I want to thank my immediate predecessor in the presidency, Mary Reeder, for her excellent leadership and devotion to our organization. While she received a handsome plaque, such tokens of appreciation will never be enough to thank Mary for her guidance.

Indiana Lawyer authors: Bryce Bennett, Michele Bryant, James Boyers, B.J. Brinkerhoff, Jeffrey Crabill, Sonia Das, Vanessa Davis, Audra Ferguson-Allen, Keith Hays, James Hehner, Takeia Johnson, Belinda Johnson-Hurtado, Matthew King, Heidi Koeneman, Jason Massaro, Libby Valos Moss, Edward Murphy, David Temple, Matthew Trainor, John Twohy, Kevin Tyra, Amy Wilson, Lewis Wooton.

Indiana Civil Litigation Review authors: Geoffrey Blazi, Patricia Erdmann, Matthew Bruno, Christopher Cross, Melanie Margolin, Lucy Dollens, Valerie Hughs, Thomas Jarzyniecki, Belinda Johnson-Hurtado, Joseph Langerak, Nicholas Levi, Ted Nolting, Scott Preston, Kevin Rasp, Casey Stafford.

Annual Meeting speakers: Michele Bryant, Michele Calderon-Johns, Vanessa Davis, Donna Fisher, Keith Hays, Tom Hays, Blaire Henley, Jerry Huelat, Barb Jones, Trent Klingerman, Chris Lee, David Mallon, Anthony Overholt, William Padgett, Robert Parker, Ginny Peterson, Casey Stafford, Jim Strenski, Kevin Tyra, Christopher Wahl.
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Scott Kyrouac is a partner at the Terre Haute firm of Wilkinson Goeller Modesitt Wilkinson, practicing in the areas of insurance defense, medical malpractice defense, product liability, trucking and transportation law, personal injury, environmental law, employment law, and municipal law. He currently serves as president of DTCI.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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