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Judge rejects former prosecutor spokesman's plea

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A Hamilton County judge has rejected the plea agreement of the former public information officer for Marion County Prosecutor Carl Brizzi.

Mario Massillamany was arrested in March in Hamilton County for drunk driving after he was stopped by police for speeding and driving in the wrong lane. Shortly after his arrest, Massillamany resigned from his position in the prosecutor’s office.

He is charged with two Class A misdemeanors: operating a vehicle while intoxicated endangering a person, and operating a vehicle with an alcohol concentration equivalent to 0.15 or more.

David Riggins of the Shelby County Prosecutor’s Office is the special prosecutor in the case due to Massillamany’s previous employment with the Hamilton County Prosecutor’s Office.

A jury trial was scheduled for Oct. 19, but Massillamany entered a guilty plea and agreement Thursday. Riggins said the agreement called for Massillamany to plead guilty to OWI endangering a person, do 150 hours of community service, have a 1-year sentence suspended to 20 days in jail, and have his license suspended for a year. His license is currently suspended.

Hamilton Superior Judge Gail Z. Bardach rejected the plea agreement and restored Massillamany’s not guilty plea. Riggins said the judge said in court she didn’t feel the license suspension was long enough.

The jury trial has been continued to Dec 7 but Riggins said they would continue to work on a plea agreement.

An attorney since 2004, he resigned his prosecutor’s office post immediately following his arrest and the Indiana Roll of Attorneys shows he’s now an attorney with Starr Austen & Miller in Logansport.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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