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Indiana wants Hardy misconduct charges reinstated

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The state will appeal a ruling that threw out four felony counts of official misconduct against Indiana's former top utility regulator, the attorney general's office said Monday.

The office said it filed notice with the Indiana Court of Appeals on Friday that it will appeal the dismissal of charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy of Fort Wayne.

A Marion County judge ruled last month that a 2012 change to the official misconduct law invalidated the charges against Hardy in connection with an ethics scandal involving officials from the IURC and from Duke Energy.

Attorney General Greg Zoeller's office asked the Court of Appeals to reverse the dismissal and reinstate them so that Hardy will again face trial.

"If the Legislature intended to make a 2012 change in the law retroactive as the trial court ruled, it would have written that into the statute, and it did not," Zoeller said.

Hardy was indicted by a Marion County grand jury in 2011.

He was charged with not disclosing several meetings with Duke executives about cost overruns at a $3.3 billion coal-gasification power plant in Edwardsport, about 60 miles north of Evansville. Hardy also was accused of helping the IURC's top attorney, Scott Storms, break ethics rules in seeking a job with Duke while helping to oversee the Edwardsport case.

Then-Gov. Mitch Daniels fired Hardy in 2010.

The Indiana Court of Appeals had denied Hardy's request to throw out the charges against him in December, but Hardy renewed his request at the trial court level.

Hardy said he has no comment on the state's decision to appeal.

The Legislature changed the official misconduct law in 2012 to specify that it applied to specific criminal offenses by public officials and not merely to violations of ethical or administrative rules.

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  • Oh, Really, Greg?
    Greg (aka, Attorney General) must be out to lose some personal money here, otherwise he'd have absolutely no interest whatsoever. Gas prices that jump up 10% in one day? No problem. Marriage Equality? Whoops, major problem, Greg, so let's keep wasting your office's time (at a substantial outlay to the taxpayers, regardless of the lies you wish to perpetuate) in filing amicus briefs?

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  1. I'm sure Indiana is paradise for the wealthy and affluent, but what about the rest of us? Over the last 40 years, conservatives and the business elite have run this country (and state)into the ground. The pendulum will swing back as more moderate voters get tired of Reaganomics and regressive social policies. Add to that the wave of minority voters coming up in the next 10 to 15 years and things will get better. unfortunately we have to suffer through 10 more years of gerrymandered districts and dispropionate representation.

  2. Funny thing....rich people telling poor people how bad the other rich people are wanting to cut benefits/school etc and that they should vote for those rich people that just did it. Just saying..............

  3. Good try, Mr. Irwin, but I think we all know the primary motivation for pursuing legal action against the BMV is the HUGE FEES you and your firm expect to receive from the same people you claim to be helping ~ taxpayers! Almost all class action lawsuits end up with the victim receiving a pittance and the lawyers receiving a windfall.

  4. Fix the home life. We're not paying for your child to color, learn letters, numbers and possible self control. YOU raise your children...figure it out! We did. Then they'll do fine in elementary school. Weed out the idiots in public schools, send them well behaved kids (no one expects perfection) and watch what happens! Oh, and pray. A mom.

  5. To clarify, the system Cincinnati building is just a streetcar line which is the cheapest option for rail when you consider light rail (Denver, Portland, and Seattle.) The system (streetcar) that Cincy is building is for a downtown, not a city wide thing. With that said, I think the bus plan make sense and something I shouted to the rooftops about. Most cities with low density and low finances will opt for BRT as it makes more financial and logistical sense. If that route grows and finances are in place, then converting the line to a light rail system is easy as you already have the protected lanes in place. I do think however that Indy should build a streetcar system to connect different areas of downtown. This is the same thing that Tucson, Cincy, Kenosha WI, Portland, and Seattle have done. This allows for easy connections to downtown POI, and allows for more dense growth. Connecting the stadiums to the zoo, convention center, future transit center, and the mall would be one streetcar line that makes sense.

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