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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. Those of you yelling to deport them all should at least understand that the law allows minors (if not from a bordering country) to argue for asylum. If you don't like the law, you can petition Congress to change it. But you can't blindly scream that they all need to be deported now, unless you want your government to just decide which laws to follow and which to ignore.

  2. 52,000 children in a country with a population of nearly 300 million is decimal dust or a nano-amount of people that can be easily absorbed. In addition, the flow of children from central American countries is decreasing. BL - the country can easily absorb these children while at the same time trying to discourage more children from coming. There is tension between economic concerns and the values of Judeo-Christian believers. But, I cannot see how the economic argument can stand up against the values of the believers, which most people in this country espouse (but perhaps don't practice). The Governor, who is an alleged religious man and a family man, seems to favor the economic argument; I do not see how his position is tenable under the circumstances. Yes, this is a complicated situation made worse by politics but....these are helpless children without parents and many want to simply "ship" them back to who knows where. Where are our Hoosier hearts? I thought the term Hoosier was synonymous with hospitable.

  3. Illegal aliens. Not undocumented workers (too young anyway). I note that this article never uses the word illegal and calls them immigrants. Being married to a naturalized citizen, these people are criminals and need to be deported as soon as humanly possible. The border needs to be closed NOW.

  4. Send them back NOW.

  5. deport now

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