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Plea deal rejected for ex-Indiana county auditor

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 Lawyers are reworking an agreement under which a former county auditor in southern Indiana was expected to plead guilty to criminal charges of wrongly paying personal expenses with county-issued credit cards.

The Owen County judge overseeing the case against former Monroe County Auditor Amy Gerstman rejected a proposed plea agreement during a court hearing Monday.

Gerstman, 44, faces felony counts of theft and official misconduct related to some $11,000 in charges during 2010 and 2011 for clothing, travel to New York and Florida and her children's school tuition.

The penalties in the proposed plea agreement weren't released, but special prosecutor Barry Brown said the judge wanted Gerstman to face greater punishment.

"She wants the defendant to take more accountability for her actions," Brown told The Herald-Times.

Gerstman is a Democrat who was elected in 2008 and served a four-year term in the county that includes Bloomington.

Defense attorney Ron Chapman said he submitted a new proposed plea agreement to Brown later Monday.

Chapman said Gerstman has paid all of the county credit card bills and was working to repay $3,600 in fees the county has had to pay during the investigation. He said he hopes Gerstman can avoid a felony conviction.

"Having seven felonies pending against her has pretty much kept her out of the job market," he said. "No one will hire her, and she is the sole support for her two children."

Judge Lori Quillen scheduled a new plea hearing for Sept. 19.

The misspending charges include the use of county credit cards to pay $1,800 in school tuition for Gerstman's children and nearly $2,600 for airfare, hotel accommodations and a seminar in New York City that Gerstman never attended.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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