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Thursday, November 13, 2008

Ind. Courts - Still more on "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

Updating this ILB entry from Nov. 8th, here are some quotes from a story by Rick Yencer in the Muncie Star-Press today:

Attorney Louis Denney failed on Wednesday to get a judge to reverse a contempt citation that sent Denney and his client, Jeff Hinds, to jail.

Special Judge Brian Hutchison jailed Denney and Hinds last week after Denney filed an affidavit alleging criminal misconduct by the judge, including patronizing a prostitute and possession of marijuana. That affidavit accompanied a motion to get a change of judge in Hinds' bribery case where he is accused of bribing a witness to change his testimony in a case. Attorney Michael Alexander, a former prosecutor, also faces conspiracy to commit bribery in that case.

Hutchison, a Jay Circuit Court judge, sealed that affidavit, saying it contained salacious and defamatory statements not related to reasons to change judges. The affidavit also included statements that Hutchison questioned Alexander's and Hinds' characters, as well as alleging a dislike for Alexander's attorney, Donald McClellan.

Denney, who receives work release privileges during weekdays to maintain his law practice, filed a writ of habeas corpus, claiming he and Hinds were illegally incarcerated. * * *

That action was denied Wednesday by Delaware Circuit Court 4 Judge John Feick, saying the writ was not procedurally correct, because notice was not given to other parties in the action. * * *

Local attorneys have mixed opinions about whether Denney should be in jail for contempt, essentially for defaming a judge.

Attorney Bruce Munson called the action "ridiculous," adding he hoped the Muncie Bar Association would weigh in on the issue. Long-time public defender and former mayor Alan Wilson said direct contempt could be handed down by a judge summarily, saying there was an exemption to the Constitution.

Posted by Marcia Oddi on November 13, 2008 08:11 AM
Posted to Ind. Trial Ct. Decisions