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Brizzi ordered dismissal in trespassing case

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Another case has surfaced in which Marion County Prosecutor Carl Brizzi personally weighed in on behalf of defense attorney Paul Page, Brizzi’s friend and business partner.

In late 2008, Brizzi ordered the dismissal of criminal trespassing and disorderly conduct charges in a case handled by deputy prosecutor Tom Walz. Deputy prosecutors working minor misdemeanor cases rarely have cause for interaction with Brizzi.

After receiving an e-mail from Brizzi saying he wanted the case dismissed, Walz approached his supervisor, Dirk Cushing, who contacted Chief Deputy Prosecutor David Wyser.

“It struck me as odd because at the time we had cooperation of the victim,” Cushing told IBJ. “I told [Wyser] we got this e-mail from Carl Brizzi directing us to dismiss the case. We had a discussion about the case, and we concluded with: ‘Boss says dismiss it, then you probably need to dismiss it.’”

Cushing could not find the original e-mail, but he remembered it saying “something to the effect that the victim had counsel and we needed to dismiss it.”

The case involved a woman who refused to leave her ex-boyfriend’s condo, allegedly vandalized a car she suspected of belonging to his new girlfriend, and threw a fit when police arrived, records show. IBJ is not reporting the names of the parties involved since the misdemeanor charges were dropped.

Brizzi said in e-mails to IBJ that the “alleged male victim retained a lawyer and didn't want to pursue prosecution.” Asked why he personally intervened in such a minor case, he said the victim had taken the unusual step of hiring an attorney, Thomas Farlow of Frost Brown Todd, who told Brizzi shortly before the victim's scheduled deposition that his client wanted the case dismissed.

Farlow said he called Page and said his client wanted to move on and not pursue the charges. Farlow later received a call from Brizzi asking him whether what he heard from Page was accurate.

Farlow said he didn't question Brizzi's involvement in the matter at the time, but agreed it was unusual for an elected prosecutor to be involved.

The case was unusual enough for Cushing to ask Walz to include a notation—“Per David Wyser”—next to his signature on the order of dismissal. He said it actually should have said “Per Carl Brizzi.”

It was only the second time Cushing has interacted with Brizzi on a case during his four-year tenure. His involvement seemed odd particularly because the case probably would have been dismissed even without Brizzi’s intervention.

The suspect’s lawyer was Page, who had arranged months earlier for Brizzi to own 50 percent of an Elkhart office building worth $900,000 without investing any cash or co-signing a loan.

Brizzi, a Republican in his second four-year term, has resisted calls from Marion County Republican Party Chairman Tom John and Mark Massa, the Republican candidate for prosecutor, to step down in the wake of a five-month-long IBJ investigation into Brizzi’s business dealings while in office.

IBJ on April 3 exclusively reported on Brizzi’s personal intervention in a major drug case to offer a reduced sentence to a Page client. Brizzi demanded a plea deal for accused drug dealer Joseph Mobareki that would be acceptable to Page over objections from both law-enforcement officers and his own deputy prosecutors. Brizzi also directed his staff to return $10,000 in seized cash.

Cushing, the deputy prosecutor in the trespassing case, said he has enjoyed working for Brizzi.

“Let’s just say I support him,” Cushing said. “One incident was a little unusual. Other than that I like working for Carl.”

Neither Page nor Walz returned phone messages.

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  • He knows TOO much!
    Doesn't anyone get it. No one can force him to resign because HE KNOWS TOO MUCH. He probably will never pay for his illegal activities. He's obviously without remorse.
  • tip of the iceberg
    dirk cushing was involved in another case that carl brizzi had a hand in. involving 2 partners from ice miller.

    one of the partners gave brizzi more than $1,500 in campaign contributions to have a case swept under the rug. and it worked! dig a little deeper ibj and that case will surface.

    carl needs to resign. with each passing day, more of these cases are going to surface.
  • No shame
    http://www.indystar.com/article/20100418/OPINION08/4180355/1291/OPINION08/It-s-the-public-s-business-Prosecutor-must-go-now
  • Infiltrators?
    Criminal defense attorney Paul Page, secret business partner of Prosecutor Carl Brizzi, and criminal defense attorney Jennifer Lukemeyer, fundraiser for and contributor to Prosecutor Carl Brizzi, are both members of the Board of the Marion County Public Defender Agency. Impropriety? Appearance thereof? Secret plants? Just sayin'
  • hmmmm
    y'all keep posting and postig and posting, like that does any good! Why don't one of you file some kind of motion that forces Brizzi out of office or for someone to hold him accountable instead of wasting yo time on he-reeee babyyyy
  • Quid pro
    Mr. Curry has been practicing since 1978, has acted as a special prosecutor in other counties, and was never a long term traffic court prosecutor. In addition, he has never been disciplined in any way during his years of practice.

    Whether a crank files a complaint against someone is actually not recorded, nor is it public record. It looks to me that you are engaging in falsehoods and in character assassination. What candidate are you working for? Massa or Bowes?
    • Missed Opportunity
      No, I'm not taking Terry Curry to task. I'm taking Ed Treacy to task. Why do we continually slate Democratic candidates with no experience and checkered pasts? Remember Bones Ackles? Curry is a nice enough fellow, but he has numerous complaints filed against him with both the Indianapolis Bar Association and the Indiana State Supreme Court. To say that he "ran" the grand jury under Modisett and Goldsmith is crazy. He never reached management status during his very short stint at the prosecutor's office. He was in traffic court for most of his time. Most of his official complaints, however, were for his work as a private attorney. Don't believe me? Check out: www.indybar.org or www.in.gov/judiciary/supreme/
    • Attorney Misconduct;Fox Guarding the Chicken Coop
      The Fox is in Charge of the Chicken Coop; this is the root of the unabated political and legal corruption. The Fox is The Indiana Supreme Court Disciplinary Commission, and the Executive Secretary - an attorney - is supposed to investigate attorney misconduct. Former Secretary Donald Lundberg is now at Barnes and Thornburg (HELP!), which is representing Timothy Durham. Page, Brizzi, Durham & other associates of theirs know just how far they can bend the law - however unethical and unprincipled their actions might be. Until the Fox itself is investigated, attorney misconduct will continue unchecked. Who is going to investigate The Fox, with whom the buck stops?
    • What?
      You taking Terry Curry to task on this? NO proseutorial experience? I suggest you do some research and report back to the class. TC ran Grand Jury for the MCPO under both Modisett & Goldsmith.

      • GO INDYSTAR
        Unbelievable they actually ran a story on this.....
      • Missed Opportunity
        As a Democrat I'm troubled that our party is supporting Terry Curry. This is the perfect chance to take the office, but we've decided to support a guy like Terry Curry who has numerous professional problems and no real prosecuting experience.
        • Hamilton County tax sale
          Can anyone explain why Durham is NOT on the tax sale when it appears he has not paid his property taxes in some time?

          http://www.co.hamilton.in.us/apps/taxsale/taxsale3.asp

          http://www.co.hamilton.in.us/app/reports/taxdetails.asp
        • Durham wants "jury trial!"
          How is he paying all these legal fees? From the money he looted.

          Stealing from the elderly is not funny, but knowing that Durham has to spend the money on legal fees instead of some big party at Geist is.

          Karma.

          http://www.kccllc.net/documents/1050494/1050494100416000000000010.pdf
        • Brizzi in a tizzy
          After Tim Durham bought Pyramid Coach, like many occasions in his life he sued the former owners and tied them up in litigation. The former owners had retained some coachs (celebrity buses) and were continuing in a smaller capacity, more on the lease side. The litigation was very nasty, expensive and time consuming, Durham was more than happy to punish those he perceived to be more successful than him.

          In and around early 2006, the former owner had one of his coaches in Oregon, transporting a country star celebrity. Out of the blue a local Oregon prosecutor shows up and demands the bus be shut down, stating he had received a call from a prosecutor in Indiana that this owner's company was committing crimes.

          It should be noted this call from the Indianapolis prosecutor occured at the very time Carl Brizzi was making hundreds of thousands of dollars on the Cellstar tip Durham gave him. Isn't that peachy.

          Oh, by the way, what about DNA Strand and the contract Brizzi awarded them....isn't DNA owned by Scott Newman?

          Oh yeah, oh yeah....
        • Nate...are you kidding me?
          Nate...Have you been following the Brizzi stories at all? How are these not appauling?

          Brizzi is obviously doing favors for others who have contributed to his campaign and his wallet. These cases SHOULD be uncovered and the truth told to the public (the people who elected Brizzi).

          Schouten has done an excellent job uncovering all of the Brizzi stories as did IBJ in the Durham stories. Keep it up guys...don't let guys like Nate discourage your fine-tuned journalism skills.
        • Once more, in english...
          Brizzi has given preferential treatment to defense attorneys with whom he has busine$$ relationships that provide him with financial gain. Quid pro quo...That AIN'T in english but it is universally understood. You can't defend the indefensible. The APPEARANCE OF IMPROPRIETY.
        • Agenda?
          What is Cory Schouten's ageneda? What is unethical or illegal about what Brizzi did in tis case? Schouten definately has an axe to grind. I believed the IBJ to be a very reputable publication, but these Brizzi pieces have made me really start to question their integrity.
          • One more thing...
            MCPO files more than 40,000 cases per year. You tell me Peter; the percentage of cases we are seeing Brizzi personally involved in kinda defies the odds doesn't it?
          • Appearance of Impropriety
            No Peter, it is not grasping at straws. The muni deputy prosecutors answer to a supervisor who oversees their division. That supervisor answers to the Chief Trial Deputy -our good buddy Wyser. If Paul Page wasn't involved, you can bet your last dime Brizzi wouldn't be.
          • Ok its Not Breaking News
            J-Lo, if that is your real name, no need to fret. I was being sarcastic about the breaking news line. The real issues that warrant coverage in my opinion are: Cellstar, Fair and real estate. was there insider trading? What did Brizzi know about Fair Financial and when? Was the MCPO used improperly for real estate advantages. Drink some green tea and relax. As someone else said, this appears to be grasping at straws.
          • joke
            Brizzi is a joke....this story is just another way to prove it.

            Thank you IBJ for uncovering more Brizzi news.
          • Overreaching at the IBJ
            So, does a run-of-the-mill trespassing case in which the prosecutor is involved really merit this coverage? Or any coverage for that matter? While I believe the IBJ has conducted some thorough work in the past, this borders on desperation, and looks like the reporter is grasping at straws. Is there a new rule at the IBJ to have so many column inches on Brizzi each week, no matter how trivial the stories become?
          • prosecutor credibility
            I am a business owner who caught two guys breaking into a storage unit. One of the guys had an extensive record and convictions. The prosecutor supervisor (Not Brizzi) plead the case to time served with no restitution. They made not contact with me or any of the victims. When I finally got the supervisor on the phone, he said that the police had not evidence and no victims contact info. I called the police who said he was a lier and they had given him everything include a copy of the video. Seems like we need to clean house at the prosecutors office and get some honest attorneys to work there if honest attorneys exist. We wonder why crime continues to increase.
          • Dirty
            Brizzi is dirty. He should go.
          • witch hunt?
            No one said it was "breaking news"... sifting through facts and their chronology seem to be a challenge for Mr. Nolan. Maybe that's why we have journalists to do so. A witch hunt? I think not... which "real" issues are you referring to??
            • NEWS ALERT
              This is breaking news! Carl Brizzi was involved in his office's dealings on prosecution! Oh no! Seriously, these pointless witch hunt stories distract from the other Brizzi issues. I hade to read this twice to even figure out what the alleged problem was. I was waiting for a Julia Vuaghn or Prof Carlson to wiegh in how it is inapproprate for elected prosecutors to meddle in prosecutions by their underlings. But that would defy logic. Pointless story which distracts from real issues. witch hunt.
            • Brizzi Again
              fyi
            • Golf cart
              When are you going to report on the golf cart incident. That is really much more interesting than this--which is not to say that this report if of no interest.

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