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Former Marion County deputy prosecutor agrees to plead guilty to bribery

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The top deputy under former Marion County Prosecutor Carl Brizzi has agreed to plead guilty to a federal charge for his role in the early release of a woman convicted in a murder-for-hire scheme.

The U.S. Attorney's Office for the Southern District of Indiana announced a indictment against David Wyser Monday afternoon in Indianapolis. Wyser received one charge of bribery, which carries a prison sentence of up to 10 years and a fine of up to $250,000.

"For too long people in this city have had reason to doubt their government," U.S. Attorney Joe Hogsett said at the Monday press conference. "Justice is not for sale."

Wyser, 53, has agreed to cooperate with authorities as they continue an investigation led by the FBI, federal officials said. Brizzi is a target, according to IBJ sources, but has not been charged with any crime and has denied wrongdoing.

Wyser, who was Brizzi's chief trial deputy, in 2010 ran an unsuccessful race for Hamilton County prosecutor after Brizzi opted against running for a third term in Marion County. Wyser has since served as a deputy prosecutor in Madison County.

The case against Wyser centers around the early release of Paula Willoughby, who had been convicted in a murder-for-hire scheme. Her father, Harrison Epperly, made large political contributions to Brizzi and Wyser as their office was considering a potential sentence modification.

Willoughby was sentenced to 110 years in prison in 1991 after her husband was gunned down outside the Indianapolis Motor Speedway. An appeal shrank the sentence to 70 years. The modification cut it to time served, and Willoughby was freed in July 2009.

Epperly gave at least $29,000 to Brizzi from 2006 to 2008, and also donated $2,500 to Wyser. The latter came in 2009, before the filing of the sentence modification in court.

The charging document alleges that a $2,500 contribution to Wyser was "a reward for his sentence modification recommendation" in the Willoughby case.

Both Brizzi and Wyser later returned their donations, many of which came through Epperly’s company EMSP LLC.

At the time, Wyser told IBJ newsgathering partner WXIN Fox59 that the donations had no role in the modification, which he argued was justified based on Willoughby’s rehabilitation and family issues. One of Willoughby’s sons had been killed by a drunken driver in 2005, leaving another son with no immediate family members other than his imprisoned mother.

Current Marion County Prosecutor Terry Curry on Monday morning declined to comment on Wyser and any charges brought against him.

Wyser was admitted to practice in 1997 and has no disciplinary history, according to the Roll of Attorneys.

The IBJ is a sister publication of Indiana Lawyer.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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