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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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