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Thursday, July 24, 2008

Ind. Courts - More on: Two young attorneys in different parts of the state in court for drug/alcohol related charges

On May 11, 2007 the ILB posted an entry on two young attorneys - Teresa Perry of Evansville, who was charged with "eight counts related to possessing and distributing methamphetamine," and Terry J. Record, who, according to an Indianapolis Star report at the time, was:

A State Department of Health attorney [who] drank at least 14 beers and six shots at a strip club before getting behind the wheel of his car and causing a fatal wreck, police said Thursday.
The ILB has subsequently posted a number of entries about Ms. Perry's interactions with the Indiana justice system, ending with this one from May 28th headed "Attorney's meth case ends in six-year prison sentence."

A story from July 22nd in the Evansville C&P reported:

An Evansville attorney recently convicted and sentenced to jail on methamphetamine charges has been suspended from practice by the Indiana Supreme Court.

The ruling, issued this month by the Indiana Supreme Court Disciplinary Commission, suspends Teresa Perry from the practice of law in Indiana “until further order of the Court,” due to Perry being found guilty of a felony.

Here is the July 14th ruling.

The ILB has also had several entries on the progress of Mr. Record's case through the justice system, the most recent being this one from June 17th that quotes a Star story:

A recent ruling by a Marion Superior Court judge likely will result in the dismissal of one of two major charges against a former state attorney accused of driving drunk before a fatal wreck.

Terry Record, 28, is set to go on trial July 28 on multiple counts of operating a vehicle while intoxicated and reckless homicide. He is accused of drinking heavily at a strip club in May 2007 before a crash that killed the other driver, Jimmy R. Cash, 46.

Today Bryan Corbin of the Evansville C&P has a long report on the Record case - it turns out Record is also from Evansville. Some quotes:
An Evansville attorney accused of driving drunk and causing a fatal crash is scheduled to go on trial on Sept. 29 in Indianapolis.

Terry J. Record, a sole practitioner in Evansville, is charged with a class B felony and two class C felonies in connection with the May 6, 2007, collision in which the other driver, Jimmy Cash, 46, died of blunt-force trauma.

If convicted of the most serious charge, Record could face six to 20 years in prison. * * *

Out of jail since last year on $10,000 bond, Record remains on home detention in Evansville — allowed out for employment only — while awaiting trial. * * *

[Special Prosecutor Barry Brown], a former Monroe County prosecutor, was appointed to the case when Marion County Prosecutor Carl Brizzi took his office out of the case to avoid any perceived conflict. Record briefly had worked for Brizzi's office as an intern in 2005 and 2006, and Record also had worked for the state health department until around the time of his arrest.

Brown had sought to charge Record with a second class B felony count because Record allegedly had traces of marijuana in his bloodstream the night of the crash.

Marion Superior Court Judge Grant Hawkins ruled evidence from the marijuana test won't be admitted in court, because the search warrant police obtained for the blood samples wasn't specific enough to cover marijuana.

Brown wanted to appeal Hawkins' ruling to the Indiana Court of Appeals and postpone Record's trial. Hawkins, though, denied that request, meaning the prosecutor likely will not be able to proceed with the marijuana-related charge. Instead, Record's jury trial on the alcohol-related charges, originally set for next week, was rescheduled to Sept. 29.

Record was in Marion County Superior Court on Wednesday with his attorney, David Lewis. Record could say little afterward, other than he currently is practicing law in Evansville, doing pro bono representation for indigent clients in civil cases. He indicated he would comment after his case concludes.

At the time of the crash, Record had been working and living in Indianapolis. He since has relocated to his native Evansville.

"We are in negotiations right now, but we have not been able to reach (a plea) agreement," Lewis said. "Mr. Record is very remorseful for what happened and does not want to put the (victim's) family through a trial, if at all possible."

Members of the deceased's family also were in the courtroom Wednesday.

Chet Seidensticker, Cash's son, said the family wants justice to be served, and they believe prison time would be appropriate for Record.

"You can't put an amount of years on it; but definitely, he should be punished to the utmost of the law," he said.

For now, Record's license to practice law remains in good standing. The agency that investigates lawyer misconduct, the Indiana Supreme Court Disciplinary Commission, is aware of Record's felony charges, but it does not take action against an attorney's license until charges are concluded, commission attorney Robert Shook said.

Posted by Marcia Oddi on July 24, 2008 08:05 AM
Posted to Indiana Courts