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 have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.