Second continuance for Brizzi

October 26, 2010
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Indiana Lawyer reporter Michael W. Hoskins wrote this blog post.

By the time Marion County Prosecutor Carl Brizzi faces a disciplinary hearing on alleged misconduct about how he publicly discussed pending cases, he’ll have finished his term and will no longer be prosecutor in the state’s largest county.

A two-day hearing was set to start today before Shelby Circuit Judge Charles O’Connor, but both parties asked for a continuance because of discovery issues that have been ongoing for most of the year. A new date is set for January, and this is the second time the hearing has been pushed back – it was originally set for the end of April.

Brizzi has denied that he’s violated any professional conduct rules, as the Disciplinary Commission accused him of last year. A formal complaint filed Oct. 1, 2009, alleges the prosecutor’s public comments about two murder cases crossed the line and violated conduct rules. Brizzi's statements went beyond the public information purpose and prejudiced the pair of cases, according to the complaint, and amounted to violations of Indiana Professional Conduct Rules 3.8(f) and Rule 3.6(a). One issue came with an April 2008 news conference where Brizzi made statements about accused multi-state serial killer Bruce Mendenhall, and a second allegation involves a 2006 news release about the Indianapolis’ Hamilton Ave. slayings, where seven people were killed and Brizzi initially sought the death penalty. A comment in that news release stated about the defendants, "They weren't going to let anyone or anything get in the way of what they believed to be an easy score."

"The above public statements of the Respondent ... were not necessary to inform the public of the nature and extent of the prosecutor's action and did not serve a legitimate law enforcement purpose, and the same were extrajudicial comments that had a substantial likelihood of heightening public condemnation ..." the complaint says.

Responding to the complaint, Brizzi's answer came after two previous extensions that delayed the case for about three months. He admits to the general information about the underlying cases the statements were made about, but declined to admit or deny the specific claims cited in the complaint because the documents they were reportedly taken from were not included as part of the verified complaint.

After the April hearings were postponed because of discovery, the Oct. 26-27 dates were set. The Disciplinary Commission attorney and Indianapolis attorney Kevin McGoff, who represents Brizzi, filed a continuance motion on Oct. 19. The motion delves into the “broad” and “voluminous” discovery requests to Indianapolis media outlets, as well as requests that Brizzi’s office couldn’t fill and had to contact the county’s information services agency to explore. Some of those documents have just recently been received, and more will likely follow, the motion says.

Now, the hearings are set for January - a time that Brizzi won’t be in office any more since he isn’t seeking a third term.

While the hearing officer and ultimately the Indiana Supreme Court can find that misconduct occurred and decide a penalty is warranted, the fact that Brizzi will at that time be out of office could factor into the decision-making on what type of penalty – if any – is necessary. Attorneys can’t be faulted for lingering discovery issues that sometimes just can’t be avoided, but some may find it disappointing that this matter couldn’t have been closer to resolution by the time Brizzi leaves office. The public’s confidence in this elected office is shaken. And some in the legal community have said their confidence in this elected prosecutor has been shaken. This continuance means he gets to finish his term without answering to these specific allegations.

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  • Playing the Game
    It is a real shame that justice is not determined by what is right or wrong, truth or lie, just or unjust, but all about how you play the game, find the loopholes, and then skip scot-free. We sure do have the best justice that money and more money and laywers and more lawyers can buy.
  • Brizzi
    Brizzi routinely made announcements to the press about big busts, which later turned out to be busts as cases, because the cases were dropped or the jury found defendants not guilty. Brizzi was a show man & politician. He was a lousy prosecutor.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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