ILNews

Prosecutor story was misleading

April 14, 2010
Back to TopE-mailPrintBookmark and Share
Letters to the Editor

To the editor:

As a longstanding member of the Indianapolis Bar and reader of the Indiana Lawyer, I was surprised and very disappointed to see an article appearing in Indiana Lawyer daily (Mon., April 5, 2010) – "Prosecutor ordered lenient deal for business partner’s client" – suggesting that a sentence reduction provided to Guilford Forney was based not solely on the merits. The assertion is completely baseless and the article contains false statements and insinuations that could easily have been avoided had reporter Cory Schouten properly researched the story by calling me or other knowledgeable people to check the facts.

Specifically, the Indiana Lawyer falsely reported:

“Defense attorney Bruce D. Donaldson, of Indianapolis-based Barnes & Thornburg LLP, last year persuaded Wyser to support a modification of the murder conviction justified by good behavior and an impressive educational track record while in prison. Forney was released on April 4, 2009, and is slated to serve two years on work release, followed by one year on probation.”

In fact, I did nothing to persuade Mr. Wyser or anyone else at the Prosecutor’s Office to support this sentence modification. To the contrary, this was solely the result of the family’s own efforts.

Specifically, Mr. Forney’s mother, Carlene Heeter, had a chance encounter with Carl Brizzi at a local restaurant and asked Mr. Brizzi if he would look into her son’s case. This led to a series of meetings and discussions within the prosecutor’s office that I was not invited to and took no part in, including at least one face-to-face meeting with Mr. Forney that I am aware of. Some time later Mrs. Heeter called me with the good news that the Prosecutor’s Office had decided to support a sentence modification request.

I had no involvement whatsoever in this entire process leading up to the prosecutor’s decision. I played no role in “persuading” the Prosecutor’s Office to support a sentence modification, and the story is false in stating otherwise. Rather, I have been friends of Mr. Forney’s family for nearly 10 years, and after the Prosecutor’s Office decided to support a sentence modification, Mrs. Heeter asked for my help documenting the agreement that had already been reached. I did so on a pro bono basis as a favor to the family, filing an appearance for Mr. Forney and appearing at the hearing before the judge to request approval of the sentence modification.

The insinuation that Prosecutor Brizzi was influenced by political contributions or his relationship with Barnes & Thornburg LLP is simply nonsense. Had this charge been made to me I could have disproven it easily. Specifically, nearly three years ago as a friend of Mr. Forney’s family I shared with Mr. Brizzi my personal views that Mr. Forney’s sentence was unduly harsh. My request went nowhere, and I was finally informed about a year later that the Prosecutor’s Office would not support a sentence modification. I had no further involvement with the Prosecutor’s Office on the matter until Mrs. Heeter contacted me with the good news that her own initiative with Prosecutor Brizzi had led to a favorable decision. Thus, it is beyond doubt that not only was my attempt at persuasion ineffective, but that Barnes & Thornburg’s supposed “relationship” with Mr. Brizzi was irrelevant to such decisions.

Thus, not only did the Indiana Lawyer get the facts wrong and mislead its readers, it made an unfounded and harmful insinuation about me and my law firm. Of course, in so doing, the Indiana Lawyer has also injured its own reputation and credibility as a fair and reliable source of information. In short, inaccurate and unfair reporting harms everyone.

Bruce D. Donaldson
Barnes & Thornburg
Indianapolis
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT