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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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