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Special prosecutor sought in Clark County Drug Court matter

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Problems in a southern Indiana drug court – including the jailing of multiple people for months without due process – have led to a formal request for a special prosecutor.

Clark County Prosecutor Steven D. Stewart Tuesday requested appointment of a special prosecutor “to avoid the appearance of impropriety during any further investigation and prosecution of this case, if any,” in the case unfolding in Jeffersonville.

Stewart petitioned Clark Circuit No. 3 Judge Joseph Weber to make the appointment. “Indiana State Police … opened an investigation relating to allegations of abuses by officers and employees of the Clark Circuit Court No. 2 Drug Court, including allegations which may constitute crimes under Indiana law,” Stewart’s petition said.

Clark Circuit No. 2 Judge Jerry Jacobi oversees drug treatment court. Jacobi did not return a message seeking comment Tuesday.

At least six drug court participants appear to have been jailed either without representation of an attorney or a hearing, according to IL research and attorneys familiar with the cases. Destiny Hoffman’s detention came to light last week after a deputy prosecutor discovered during a review of case files that Hoffman had been jailed more than 150 days after Jacobi had ordered her detained for 48 hours for providing a diluted drug screen.

The deputy prosecutor also turned up at least two other cases in which drug court participants had been ordered jailed pending placement in a treatment facility or as a 48- to 72-hour sanction for a violation, but wound up spending months behind bars.

Charges against Hoffman and at least two others were dropped after the detentions were discovered.

Louisville attorney Michael Augustus said Tuesday he is representing at least five people who claim civil rights violations connected to the alleged drug court abuses.

In addition to improper detentions, current and former drug court staff members have been accused of unauthorized arrests and searches of drug court participants. Jacobi recently fired drug court director Susan Knoebel and suspended a drug court staff member, both of whom were accused of carrying out the arrests and searches. Knoebel told the News and Tribune of Jeffersonville she was acting on Jacobi’s orders.
 
Watch for more on the Clark County Drug Court in the Feb. 12
Indiana Lawyer.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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