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Monday, August 12, 2013

Ind. Decisions - "Charges related to Duke Energy ethics scandal dismissed against former Indiana utility regulator David Lott Hardy"

After many postponements, former IURC head David Lott Hardy was tried today. John Russell's Indianapolis Star story has just been posted. The judge was Superior Court Judge William Nelson. From the story:

A Marion County judge today dismissed all criminal charges against Indiana’s former top utility regulator, saying his behavior in connection with the Duke Energy ethics scandal did not amount to criminal behavior.

David Lott Hardy had been charged with four felony counts of official misconduct. He was accused of failing to disclose several secret meetings with Duke executives concerning cost overruns at the $3.3 billion Edwardsport power plant.

He also was accused of helping the agency’s top lawyer, Scott Storms, break ethics rules in seeking a job with Duke while helping oversee the Edwardsport case.

Hardy was fired in 2010 by then-Gov. Mitch Daniels after the scandal came to light.

This is confusing, but Russell writes that his story will be updated:
Judge Nelson noted that the Indiana inspector general’s office found a defect in the official misconduct statute in September 2010 — three months before Hardy was charged — and recommended that the legislature clarify and amend the law.

The Indiana General Assembly changed the law effective July 1, 2012, to require it apply to a public servant who “knowingly or intentionally commits an offense” in the performance of his duties. Hardy had not been charged with any other crime.

ILB: Here is a very long list of earlier ILB entries mentioning David Lott Hardy.

[More] Reporter Russell has added this tweet:

Following up dismissal of charges against Hardy, here is my Feb. 2011 story outlining secret meetings, emails.

Posted by Marcia Oddi on August 12, 2013 03:26 PM
Posted to Ind. Trial Ct. Decisions | Indiana Government