Pence Continues To Weave A Tangled Web

Hoosierpundit's Scott Fluhr trips up Democratic Attorney General candidate Linda Pence in yet another deception concerning her role in representing one of the defendants in the East Chicago RICO suit brought by Attorney General Steve Carter's office. Pence's client, Rieth-Riley, settled out of court with the state in 2006 for $625,000, the largest amount paid to date by any defendant in the civil suit. The blogs first raised concern that Pence failed to mention she had represented Rieth-Riley when she criticized Steve Carter's office for its handling of the case, which included his use of outside counsel. When Pence was taken to task for the omission, she said the attorney-client privilege limited what she could discuss about the case:

Pence said she could not discuss details because of attorney-client privilege but said companies often settle cases not because they have done something wrong but because it's less expensive to put the matter to rest than to litigate.

As it turns out, Hoosierpundit has turned up the settlement documents in which Rieth-Riley specifically waived its attorney-client privilege. The specific provision in Section 12 of the agreement reads:

As part of its cooperation in Section 11, and for the sole benefit of the Attorney General, Rieth-Riley agrees to waive any applicable attorney-client privilege concerning any of the relevant facts as to which Rieth-Riley provides testimony or documents to the Attorney General in the RICO Lawsuit. Rieth-Riley also agrees to provide letters necessary to effectuate such waiver.

Yes, her client waived its attorney-client privilege to aid the state in the prosecution of its sidewalks-for-votes case. "Openness and honesty are important qualities to have in an attorney general," blogger Scott Fluhr writes. "Why is Linda Pence demonstrating, again and again, that she does not seem to have them?"