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Former officer’s convictions of bribery, attempted extortion affirmed

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The sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District Court precluded.

While on the Indianapolis-Marion County City-County Council in 2009, Plowman was chairman of the committee that oversees zoning in the county and city. During this time, the FBI set up a sting operation based on Plowman’s reputation for his “questionable use of the power and influence he had acquired,” according to the 7th Circuit opinion. The FBI undercover officer posed as strip club owner who wanted to open a club in Indianapolis. During their meetings, Plowman told the undercover officer that for “a couple bucks” he knew how to “push” the strip club through the board of zoning appeals. He sought $5,000 in cash and a contribution to his campaign.

The two met over the course of several months, and when the FBI entered the room during one of their meetings, the agents didn’t arrest him. He retired from the police force in March 2010. In September 2010, a federal grand jury indicted him with federal funds bribery and attempted extortion under color of official right. The government sought to preclude Plowman from presenting an entrapment defense. Judge Larry McKinney refused to issue an entrapment instruction to the jury as Plowman wanted, and he granted the government’s motion in limine. Plowman was convicted in September 2011.

The transcripts of Plowman’s conversations with the undercover FBI agent “overwhelmingly show that Plowman was not entrapped into accepting the bribe,” Judge Daniel Manion wrote.

The 7th Circuit held that McKinney correctly concluded that there was insufficient evidence that the government induced Plowman to accept the bribe, and at no time did the undercover agent mislead Plowman into thinking that Plowman was performing a legal business service.

“The FBI conducted a standard sting operation that did not induce Plowman to accept a bribe. To argue entrapment to a jury, Plowman needed to provide sufficient evidence of both inducement and a lack of predisposition, but he failed to establish the first element,” Manion wrote in United States of America v. Lincoln Plowman,
11-3781.

 

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  • ESP
    How do these judges know all these things when everyone knows that they only know what they were told. So now it appears COA judges are making decisions based on hearsay!

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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