tag:blogger.com,1999:blog-12703782.post4212100695070062816..comments2024-03-25T13:42:25.771-05:00Comments on Advance Indianaâ„¢: Fort Wayne Attorney Arrested For Threatening To "Anal Rape" Client's Ex-HusbandGary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-12703782.post-86651574765238055202014-05-13T14:50:00.714-05:002014-05-13T14:50:00.714-05:00Oh he will get a vacation, I'm sure. He was...Oh he will get a vacation, I'm sure. He was stupid to do that. But it wasn't a literal physical threat. It was a figure of speech. "I'm going to kick ass in court". Is that a threat? Of course not.MikeChttps://www.blogger.com/profile/11461773443106885231noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-91910498193891770892014-05-13T14:22:27.940-05:002014-05-13T14:22:27.940-05:00The bottom line is that he was sending a threateni...The bottom line is that he was sending a threatening message to the complaining victim in a pending criminal matter. Any attorney should know that it is improper to contact a witness for the opposing side for the purpose of communicating a threat. That's witness tampering if nothing else. Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-46109463354190564842014-05-13T14:14:19.222-05:002014-05-13T14:14:19.222-05:00It's a figure of speech, not meant literally. ...It's a figure of speech, not meant literally. Like saying "i'm going to tear your skin off in cross examination" Is that a physical threat? Of course not. MikeChttps://www.blogger.com/profile/11461773443106885231noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-5059538233718142012014-05-12T14:13:27.421-05:002014-05-12T14:13:27.421-05:00The Commission may wait for the criminal case to b...The Commission may wait for the criminal case to be concluded, but I would be shocked if he isn't at least subject to a public reprimand even if the criminal charges are later dismissed or he's acquitted. I think any argument that threatening on a social media website to "anal rape" an opposing party is protected free speech goes nowhere with the Commission. How is "anal rape" not a physical threat?Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-11728608112678913602014-05-12T11:41:13.480-05:002014-05-12T11:41:13.480-05:00It's obviously an outrageous, over-the-top com...It's obviously an outrageous, over-the-top comment. But that's actually what might cause it to be protected speech, at least from any criminal action. I highly doubt he intended his comments to be taken literally, but rather as hyperbole. As such, to say it is a physical threat is a bit of a reach. After Brewington, it's clear it probably has to be a physical threat to convict someone under the intimidation statute.Paul K. Ogdenhttps://www.blogger.com/profile/16137003328850866711noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-1861220137388548942014-05-12T11:03:52.860-05:002014-05-12T11:03:52.860-05:00Not the brightest bulb in the legal profession, ap...Not the brightest bulb in the legal profession, apparently. Doughttps://www.blogger.com/profile/11424730556609713021noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-88264388949887012282014-05-12T10:49:39.338-05:002014-05-12T10:49:39.338-05:00Anti-violence counseling + 6 months
to 2 years sus...Anti-violence counseling + 6 months<br />to 2 years suspension + monitoring?<br /><br />If he was drinking when he made his post and is now remorseful, maybe less on the sanctions. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-3587229162392948332014-05-12T00:19:17.203-05:002014-05-12T00:19:17.203-05:00I doubt the disciplinary commission will be in a h...I doubt the disciplinary commission will be in a hurry to disbar him since he didn't threaten a judgeAnonymousnoreply@blogger.com