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Hearing officer finds in Carl Brizzi's favor in disciplinary action

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A hearing officer recommends that disciplinary charges be dismissed against ex-Marion County Prosecutor Carl Brizzi, and now it’s up to the Indiana Supreme Court to consider the case.

Issuing a final report late June 28, Shelby Circuit Judge Charles O’Connor found in favor of the former prosecutor who faces professional conduct charges because of public statements he made years ago about two high-profile murder cases. The hearing officer heard testimony in early January and took the case under advisement for nearly six months before reaching a decision and issuing his report.

The commission filed a formal complaint against Brizzi in October 2009, accusing him of making statements that went beyond the public information purpose and prejudiced the pair of cases and amounted to violations of Indiana Professional Conduct Rules 3.8 and Rule 3.6. 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 Hamilton Avenue slayings in Indianapolis, where seven people were killed and Brizzi initially sought the death penalty. A comment in that news release said the defendants “weren't going to let anyone or anything get in the way of what they believed to be an easy score.”

Arguing for the Disciplinary Commission, attorney David Hughes said those comments were prejudicial against the individuals and insinuated the motivation behind the statements was part of a larger message the prosecutor was sending at a time when Indianapolis saw higher crime trends and, in 2006, he faced a heated election race.

That question is one that hasn’t been addressed in Indiana, and if answered it could have statewide impact for attorneys in talking publicly about their cases and what does or does not amount to misconduct.

Judge O’Connor wrote in his report that Brizzi’s statements were available through public record and fall under the safe harbor provision in Rule 3.6(b), and that pre-trial publicly didn’t affect the court’s ability to select unbiased jurors in the Hamilton Avenue slaying cases. The Disciplinary Commission failed to introduce clear and convincing evidence that Brizzi knew or should have known the statements made would have substantial likelihood of materially prejudicing any proceedings, the judge’s report says.

Disciplinary Commission Executive Secretary G. Michael Witte said his office is reviewing the report and has 30 days to file a petition for review with the state Supreme Court.

The justices have final say in the case and what, if any, misconduct might have occurred and any sanctions that might be necessary. The court doesn’t have any timeline on that decision once the parties submit all their briefs.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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