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Prosecutor denies misconduct accusations

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Marion County Prosecutor Carl Brizzi denies that he violated any professional conduct rules in his handling of two high-profile murder cases, specifically in his written or spoken statements made when describing the crimes to the public.

On Monday, just three days before the prosecutor announced he won't be seeking a third term, Brizzi filed an answer to disciplinary charges lodged against him late last year by the Indiana Supreme Court's Disciplinary Commission.

In its formal complaint against Brizzi filed Oct. 1, the commission alleged that public comments the prosecutor made about two murder cases crossed the line and violated the attorney conduct rules. Brizzi's statements went beyond the public information purpose and prejudiced the pair of cases, according to the complaint, and amounted to violations of Indiana Professional Conduct Rules 3.8(f) and Rule 3.6(a).

Some of the comments came during an April 2008 news conference, where Brizzi made statements about the case against accused multi-state serial killer Bruce Mendenhall, alleged to have killed Carma Purpura in Indianapolis as well as other women in Tennessee and Alabama. A second allegation from the commission involves a 2006 news release about the city's Hamilton Avenue slayings, where seven people were brutally killed in Indianapolis and Brizzi initially sought the death penalty. A comment in that news release stated about the defendants, "They weren't going to let anyone or anything get in the way of what they believed to be an easy score."

"The above public statements of the Respondent ... were not necessary to inform the public of the nature and extent of the prosecutor's action and did not serve a legitimate law enforcement purpose, and the same were extrajudicial comments that had a substantial likelihood of heightening public condemnation ..." the complaint says.

Responding to the complaint, Brizzi's answer came after two previous extensions that delayed the case for about three months. He admits the general information about the underlying cases the statements were made about, but declined to admit or deny the specific claims cited in the complaint because the documents they were reportedly taken from were not included as part of the verified complaint.

In the seven-page answer, Brizzi's attorney Kevin McGoff at Bingham McHale in Indianapolis offered one legal defense for his client: "A lawyer is permitted to make an extrajudicial statement, as contemplated by Ind. Prof. Cond.R. 3.6(b), including but not limited to: (2) information contained in a public record and; (3) an investigation is in progress."

Indianapolis attorney William Hodes, an expert in lawyer ethics, said he found the case interesting, highlighting the gray area and tension between parts (a) and (b) of Rule 3.6. While unfamiliar with details of the Brizzi case, he noted that both sides appear to be making reasonable points in relation to the rules.

The rule applies to the public record, such as an indictment or probable cause document, not any of a prosecutor's own documents such as a press release.

"The charges sound like they're in the ballpark of what's off limits by the rules, and the defense seems solid," he said. "This could be a fairly close case, with legitimate arguments on both sides if you really look at the exceptions and qualifiers in the rules."

Bloomington law professor Charles Geyh at Indiana University Maurer School of Law - Bloomington agreed, saying the rules being examined here are "a thicket, owing to the First Amendment rights of the lawyer to speak and the difficulty of determining when there is a 'substantial likelihood' of material prejudice."

The Disciplinary Commission is now able to file a response to Brizzi's answer, and once that happens the Indiana Supreme Court can appoint a hearing officer to examine the evidence. Justices have final say over attorney disciplinary issues, and if it finds any misconduct the penalties could range from a private reprimand to a suspension or disbarment.

Admitted to practice in 1994, Brizzi was first elected prosecutor in 2002 and was re-elected in 2006. This is the first time Brizzi has faced any professional misconduct charges, according to his office. But whatever happens with this disciplinary action, it won't impact whether he remains prosecutor of the state's largest county past 2010 - Brizzi announced Thursday he wouldn't seek a third term in November's election. He hasn't announced what his future plans are.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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