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Monday, April 30, 2007

Ind. Decisions - Appeals Court upholds strict Lottery secrecy [Updated]

Reporting on the Court of Appeals decision today in William C. Foreman v. State of Indiana (see ILB entry here, 6th case), Jon Murray of the Indianapolis Star writes:

The Indiana Court of Appeals today upheld the constitutionality of a state lottery secrecy law that sets a penalty of up to 50 years in prison for violators.

The case was brought by William C. Foreman, a former Hoosier Lottery security official who is facing charges in Marion Superior Court including disclosure of confidential information relating to the lottery, a Class A felony.
Foreman appealed a February 2006 ruling by Judge Grant Hawkins denying his motion to dismiss that charge. His attorney, Jack Crawford -- himself a former Hoosier Lottery director -- argues the stiff penalty violates the Indiana Constitution because it is disproprotionate to the offense. It carries a sentence of 20 to 50 years in prison.

The three-judge appeals panel unanimously rejected Crawford's argument.

[Updated 5/1/07] In an updated story this morning, Joh Murray reports:
A three-judge Indiana Court of Appeals panel ruled unanimously Monday that disclosure of confidential information relating to the lottery deserves to be a Class A felony, more severe than other financial crimes.
"It's the same penalty for attempted murder of a police officer or child molesting," said Jack Crawford, Foreman's attorney and a former lottery director.
Judge Ezra H. Friedlander wrote that the crime rises above other white-collar offenses because it likely would involve a Hoosier Lottery employee and could affect revenue for programs benefiting many residents.
The decision upheld Marion Superior Court Judge Grant Hawkins' February 2006 ruling denying Foreman's motion to dismiss the charge.
Here, from Feb. 17, 2006, is the report on the trial court ruling.

Posted by Marcia Oddi on April 30, 2007 07:05 PM
Posted to Ind. App.Ct. Decisions