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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.