ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT