One of the issues in the lawsuit was whether Animal Care & Control officials knew some of Upton's dogs were pregnant when they seized them from the kennel last year. "At no time did Mr. Upton or his legal team notify ACC, the city or the court that any of his female dogs were pregnant and/or about to give birth prior to these events in late December 2015," Pizur wrote in an email to Call 6 Investigates' Kara Kenney. When he testified in a deposition in March, Pizur claimed he was misquoted by Kenney. A subsequent records request made by Upton's attorney revealed that Pizur had removed the statements he made to Kenney from copies of those same records he furnished to Upton's attorney in discovery.
Upton's attorney, Marshall Pinkus, is now asking the Court to dismiss the action against Upton, claiming Pizur's conduct violated his client's right to due process.
"What is known is that Mr. Pizur would rather accuse a reporter of falsely quoting him than admit his mistake; would rather accuse the media as a whole of having 'an agenda' than admit it is he who was maliciously scheming; would rather strip the Defendant of his First Amendment and Article I right to freedom of speech than admit it is he who was misleading the public; would rather accuse an attorney who has been practicing for forty years of misleading the court when it is he who was knowingly making false statements to this tribunal. Mr. Pizur's projection is unmatched."Pizur removed himself from the case on Monday and has been demoted to deputy prosecutor. "It would be unfair and unwarranted to prejudice the City's litigation of this case and enforcement of its animal care and treatment ordinances against Defendant merely for the lapse of judgment of the undersigned counsel in this case," Pizur wrote in a responsive pleading. Pinkus sent copies of his court filing to the Marion Co. Prosecutor and the Supreme Court Disciplinary Commission according to WRTV.