ILNews

Prosecutor story was misleading

April 14, 2010
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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
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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