FOP Backs Carl Brizzi and Steve Davis

The labor union which represents Marion County's law enforcement officers has voted to back incumbent prosecutor Carl Brizzi (R) over Democrat Melina Kennedy and Republican challenger Steve Davis over incumbent Sheriff Frank Anderson (D). This is particularly a major blow to Anderson, who received the FOP's endorsement just four years ago. The Star reports:

The vote by the Fraternal Order of Police Lodge 86 was overwhelming, said Vince Huber, president of the lodge.

Anderson, the Democrat who received the union's endorsement four years ago, lost the FOP's support to Republican challenger Steve Davis largely because he supported the consolidation of the Indianapolis Police Department and the Marion County Sheriff's Department, Huber said.

The merger was opposed by 97 percent of the union's members, and Anderson initially held the same position but changed his mind.

The FOP represents about 2,200 active members in 15 law enforcement departments; 111 voted on the endorsements Monday. Huber said the union's endorsements for state and federal offices would be announced today.

"If he flipped then, how is he going to flip in the future," Huber asked.

FOP members haven't forgotten that Anderson promised them he would not support consolidation efforts four years ago. The full list of endorsements by the FOP includes the following:

Sheriff -- Steve Davis; prosecutor -- Carl Brizzi; auditor -- Jennifer Ping; clerk -- Donna Edgar; recorder -- Angela Cypress; judges -- Robert Altice, Lisa F. Borges, Sheila A. Carlisle, Michael D. Keele, William J. Nelson, Carol J. Orbison, Scherry "S.K." Reid, Clark H. Rogers, Reuben B. Hill and William E. Young; Washington Township constable -- Pat Comiskey; Warren Township constable -- John Koss; Wayne Township constable -- Roger Bowser.

Star Reports On Lacy Johnson DUI Arrest

It took them a week after area blogs first reported it, but the Star finally got around to reporting on the arrest of Lacy Johnson, III for driving while under the influence and public intoxication. Johnson, a principal partner in the controversial, proposed "private club/bar" in the Julia Carson Government Center, refused to take a breathalyzer test, which means his driver's license is automatically suspended for one year under Indiana law. The Star's Jon Murray writes:

The majority partner in a proposed bar in the Carson Government Center has been charged with driving while intoxicated and public intoxication.

Lacy Johnson III, 27, is leading a group of investors -- including his father, prominent attorney and chairman of the Indianapolis Airport Authority Lacy Johnson, and businessman Bill Mays -- in the controversial 300 East venture. The Indiana Alcohol and Tobacco Commission will consider a liquor license transfer Oct. 16, but construction on the restaurant and bar is complete at the center, 300 E. Fall Creek Parkway.

Johnson was pulled over at 1 a.m. Aug. 26 on Michigan Road near 68th Street after another driver waved her arms at a Marion County sheriff's deputy, according to a police report. Johnson said he had consumed three beers, the report said, and he consented to be taken in for a breath test.

But after he sat down in front of the device, Johnson would not take the test, the report said. In Indiana, refusing to take a breath test automatically results in a one-year suspension of a driver's license.

Musical chairs among superior court judges is being played in Johnson's case as two Democratic judges have already recused themselves from hearing Johnson's case. The maximum penalty Johnson could face is a year in jail and a $5,000 fine. He is being represented by attorney Dennis Zahn.

On another front, the Star's editors say today that Center Township Trustee Carl Drummer's failure to consult with the township's board is another reason to reject the proposed "private club/bar" in the Julia Carson Government Center. The editorial reads:

Here's one more reason the Metropolitan Development Commission on Wednesday should reject plans for a tavern at the Julia Carson Government Center: Center Township Trustee Carl Drummer did not consult the elected advisory board that
serves as the township's legislature.

Drummer allowed the investment group that would operate the bar to renovate space in the government center without even mentioning the project to advisory board members.

Drummer's spokesman, David Ayers, argues that the trustee is required to approach the board only for approval of a budget and the annual report. He also notes that the project does not involve spending township money.

But township property would be used to house a privately owned bar and restaurant. The fact that several close associates of Drummer have invested in the business should have made the need for outside consultation obvious to the trustee.

Instead, at least one advisory board member, Jon Elrod, learned of the controversial proposal through the news media.

Part of the problem lies with the board itself. It has met only 12 times in the past two years, according to Ayers. Elrod says the board failed to meet even after township residents raised serious questions about the proposed bar. "My experience on the board has been more than disappointing,'' Elrod says.

Yet, it was Drummer's responsibility to seek the advice of officials who represent Center Township residents. If anything, the board's approval of the project could have given the trustee some much-needed political cover.

That opportunity, however, was lost. Along with it should go the idea that the government center is an appropriate place for a private bar.

It seems to me that the Star's editorial today misses the more important issue. State law has specific procedures a local government executive must follow before he disposes or leases any government property. Those procedures were clearly not followed or the public would have been put on notice and, in certain circumstances, the township's fiscal body would have been required to approve the lease. Drummer's failure to follow state law for leasing township government represents official misconduct in office and he should be appropriately charged.

Pearson Hits Rokita On No-Bid Contract To Former Campaign Manager

Democratic Secretary of State candidate Joe Pearson takes up an issue incumbent Secretary of State Todd Rokita (R) handed him on a plate. Pearson attacks Rokita for awarding a $100,000 no-bid legal contract to his former campaign manager, Tom John, to pursue two voting equipment vendors for violating election law requirements. As the Northwest Indiana Times reported, John was still a member of the Indiana Election Commission, which is chaired by Rokita, when Rokita first initiated action against MicroVote and ES&S, but John resigned his seat on the commission to accept Rokita's six-figure contract days later. Patick Guiane wrote:

Republican Secretary of State Todd Rokita gave his former campaign manager a $100,000, no-bid state contract to pursue two voting equipment companies blamed for widespread problems in the May primary.

Indianapolis attorney Tom John initiated the state investigation into one of the firms -- Indianapolis-based Microvote General Corp. -- in May, while John was a member of the Indiana Election Commission. He resigned his commission post three days later and accepted the legal contract two weeks after that.

John is a member of a relatively new law firm, Lewis & Wilkins, LLP. That firm created quite a stir over a year ago when members of that firm were awarded a seven-figure legal contract with the Indiana Attorney General's office shortly after its two principal partners, who had limited legal experience, left the Attorney General's office to form the new firm. Based on the deal John negotiated with ES&S on behalf of the Secretary of State's office, the taxpayers were shortchanged. In that deal, the Secretary of State let ES&S off with a slap on the hand. ES&S agreed to kick in $245,000 into a special state election fund and provide training videos and posters to counties. It did not, however, have to admit to election law violations it clearly committed as part of this settlement. John is still pursing the matter with MicroVote on behalf of the state.

Pearson thinks the John contract smells. He announced today that he will bar no-bid contracts from being awarded by the Secretary of State's office to friends if he is elected. "We will use the expertise of the Attorney General’s office and the staff of the Indiana Election Division to represent our office in legal proceedings and to save valuable tax dollars," Pearson said. Pearson said he will not accept contributions from people doing business with the Secretary of State's office, noting that Rokita had accepted contributions from a major vendor doing work for Rokita's office. It's important to point out that he did not rule out no-bid contracts altogether, only no-bid contracts for friends. He also promises to advertise contract opportunties online and increase ethics training for Secretary of State employees.

It is unfortunate that Rokita entered into this sweetheart deal with John. The Secretary of State's office has attorneys on its staff, and he could have utilized attorneys in the Attorney General's office to assist with a contract as well. The fact is that John was not uniquely qualified to do this work simply because he sat on the Elections Commission. The fact that he had served on the Commission when these issues arose, however, should have disqualified him from accepting paid legal work bearing on the same subject matter as his state appointment. Unfortunately, the state's revolving door law doesn't apply to people like John who serve on state commissions.

Time And Toll Roads Key For House Democrats

The Star's Mary Beth Schneider gives a run down of some of the hot House races which will decide control of the Indiana House of Representatives this year. She reports that Democrats are counting on voter anger over the enactment of daily savings time (DST) and the privatization of the Indiana Toll Road to a foreign-owned firm to help them recapture the chamber currently controlled by Republicans by a 52-48 margin. Schneider devotes most of her story to the race between Rep. Troy Woodruff (R-Vincennes) and his Democratic opponent Kreg Battles. Woodruff was elected two years ago after he promised to oppose DST. Woodruff, a congressional aide to U.S. Rep. John Hostettler (R), later switched his vote in support of DST after some arm-twisting by Gov. Mitch Daniels (R).

The list of twelve races Schneider keys in on are as follows:

District 17-- Rep. Steve Heim (R-Culver) v. Nancy Dembowski (D)
District 20-- Tom Dermody (R-LaPorte) v. Andres Renner (D)
District 21-- Rep. Jackie Walorski (R-Lakeville) v. Robert Kovach (D)
District 30-- Rep. John Smith (R-Kokomo) v. former Rep. Ron Herrell (D)
District 31-- Rep. Tim Harris (R-Marion) v. Larry Hile (D)
District 33-- Rep. Bill Davis (R-Portland v. former Rep. Ron Liggett (D)
District 46--Rep. Vern Tincher (D-Riley) v. Reid Dallas (R)
District 52-- Rep. Martin Stutzman (R-Howe) v. Dennis Rorick (D)
District 64--Rep. Troy Woodruff (R-Vincennes) v. Kreg Battles (D)
District 69--Rep. Billy Bright (R-North Vernon) v. David Cheatham (D)
District 70-- Rep. Paul Robertson (D) v. Christopher Byrd (R)
District 86--Rep. David Orentlicher (D) v. Kathy Densborn (R)

Some local political observers would probably add the seat held by Rep. Larry Buell (R-Indianapolis) to that list. He faces a strong challenge from Democrat John Barnes. The Howey Political Report has rated this seat a toss up. Based on this list, it is apparent that there are more Republican incumbents who appear vulnerable than Democratic incumbents. If this is a Democratic year as most political observes expect it will be, the Democrats should have no problem picking up enough seats to win out-right control of the House.

And Indy Undercover Is?

Those anxious to learn the identity of Indy Undercover today were met with a big disappointment. Indy Undercover, as promised, unveiled it's identity. It just wasn't the one person people were anticipating. Instead, Indy Undercover identifies itself as many:

Anyone who thinks crime is Indianapolis' number one problem is Indyu!

Anyone who thinks the Peterson administration has failed over the crime issue is Indyu!

Anyone who respects the fact LEOs put their lives on the line everyday only to be disrespected by a CCC who would rather defend on their own than law enforcement is Indyu!

Anyone who gives a damn about public safety is Indyu!Indyu is all the LEOs, public safety officials and concerned citizens who care about our lives!Indyu is not one person!

Indyu is all people who care about public safety!

This administration cannot catch Indyu!

This administration cannot stop Indyu!

They cannot stop an idea!

They cannot stop a movement!

They cannot stop Indyu!

Indyu will not let them!

You will not let them!

AI doesn't expect this cover to last much longer. And when it is revealed, some folks might be feeling some long-term repercussions. I think Indy Undercover is doing a good job bringing to light things which should be brought to light in our law enforcement community and elsewhere locally, but it does matter who the real persons are behind Indy Undercover. Their work product could become tainted if the real hands at play are revealed to have nothing more than self-serving political motives behind their work.

The Tale Of Two Foleys

Twelve years ago, the House Democratic majority under the leadership of Speaker Tom Foley (D-WA) saw their fortunes collapse under the weight of an unpopular president, growing congressional scandals and perceived arrogance from being in power too long. Speaker Foley legally fought term limits in his own state successfully only to lose his re-election bid to a newcomer who supported term limits for members of Congress. The House banking scandal disclosed a wild check kiting scheme by many members of Congress, who were primarily Democratic. The Democrats wound up losing about 40 seats in the House in that fall's election, leaving them in the minority for the first time in nearly a half-century.

Fast forward to today where President Bush's approval numbers remain very low. Throw in a few congressional scandals, notably those surrounding GOP lobbyist Jack Abramoff and, now, the scandal involving Rep. Mark Foley (R-FL). Although Rep. Foley abruptly resigned following ABC News' disclosure that he carried on sexually-explicit Internet communications with underage male pages working for the House, the scandal is now threatening the top House Republican leadership because of their failure to act on the Foley matter after they first learned of it months ago. Even worse, some are suggesting that House Speaker Dennis Hastert and other top GOP leaders engaged in a criminal conspiracy to squelch a criminal matter.

The Foley scandal will no doubt be viewed as the straw that broke the Republicans' 10-year hold on the House. The GOP's chances of holding the House were already in question before this latest scandal, but this is more than a ruling party can withstand. Rep. Tom Reynolds looks pretty shaky at this point. He's the man leading the GOP's campaign efforts this year. He also accepted about $100,000 in campaign contributions from Foley after he talked to Foley about his inappropriate conduct with House pages. Some folks thinks his role in this whole affair may make him vulnerable in his own re-election bid.

It is simply unacceptable for House GOP leaders to have tried to sweep the Foley scandal under the carpet. That comes from being arrogant in the exercise of your power. This was a very serious matter, involving the integrity of the chamber's page program. As one House member describes the program:

A place in the Congressional Page program is one of the most sought after positions in Washington, DC for young people. Your interest in the Congressional Page Program is a positive indication that you are a concerned American citizen with a curiosity to learn and contribute significantly to the role of the Legislative Branch of our government. Perhaps your experience as a Page will provide the foundation for a future in services to the United States as it has with Pages of past generations. Several Members of Congress began as a Congressional Page.

House Speaker Dennis Hastert and his leadership failed in their duty to ensure the integrity of this program for its young and vulnerable participants. He will most certainly pay for it with his Speakership in this fall's election, if not worse.

Star Is Right: There Were Red-Flags Of Home Fraud In Marion County

The Indianapolis Star hits the nail on the head today in it's front-page story recounting how there were plenty of red-flags preceding the filing of Countrywide Home Mortgage's mortgagge fraud lawsuit against Robert Penn, involving potentially hundreds of mortgage transactions. The story begins:

Federal, state and local authorities received warnings, some dating back two years, about the Fishers man at the heart of a mortgage fraud lawsuit involving the foreclosure of scores of Indianapolis-area homes.

Yet the operation continued, according to court documents and observers. Homes were sold at inflated prices, defrauding lenders out of tens of millions of dollars and leaving investors on the brink of financial ruin.

Suspicions that something was wrong were so widespread in the real estate community that two title companies sent out notices warning other title companies to be wary about any deals involving Fishers businessman Robert Penn.

He is named as mastermind of the scheme in a lawsuit by Countrywide Home Loans, the largest U.S. mortgage lender.

In the lawsuit filed in Marion Superior Court in June, Countrywide claims Penn and several cohorts tricked dozens of Virginia residents into buying houses and townhomes at inflated prices in Indianapolis and Westfield.

The investors, according to the lawsuit, were led to believe they were participating in a risk-free "investment opportunity." In reality, the suit says, Penn and his associates were taking out home loans in the investors' names, inflating the appraisals and pocketing the difference . . .

What the Star article doesn't reveal is that Penn is not alone in these schemes. I have received countless of calls at my law office over the past two to three years from Marion Co. homebuyers complaining about being the victim of similar schemes. Unfortunately, none of these folks had any money to pay for the costs of litigation. As a sole practitioner, I simply cannot afford to take on cases of this nature without knowing that I'm going to be compensated. However, I urged these folks to contact the local FBI office, the state Attorney General and the Marion Co. prosecutor's office to explain what had happened to them because I believed crimes were being committed.

I also personally represented a homeseller in a case that was filed last year in Marion County Superior Court by First Horizon Home Loan Corporation against a mortgage broker accused of wide-scale mortgage fraud. First Horizon alleged that 4M Financial Services d/b/a Marquis and its principal, Robert Turner, had in nine transactions in Indianapolis engaged in mortgage fraud and had "depended on the vulnerability of and ignorance of Hispanic immigrants to carry out their fraudulent deeds." [Note: those are the words of the First Horizon's attorneys; I would not have described Hispanic immigrants as ignorant]. My client and his wife were wrongly accused by First Horizon of conspiring with Marquis and Turner to commit fraud. First Horizon eventually dismissed the complaint against my client and his wife after it reached a settlement agreement with Marquis and Turner.

At the time that lawsuit was initially filed, the plaintiff's attorney, Abraham Murphy, communicated to me that Marquis and Turner were being investigated by the Secretary of State's office and local prosecutors. I did not independently confirm whether these parties were being investigated for any crimes, but this lawsuit confirmed in my mind just how wide-scale mortgage fraud is in Marion County. I was shocked by the lack of safeguards exercised by First Horizon to prevent the fraud from happening in the first place. Employment verification forms were not being independently confirmed, and it had failed to confirm a buyer's employment with recent tax returns, W-2s and paycheck stubs. If the mortgage lenders were doing their jobs properly, guys like Penn and Turner could not engage in these questionable transactions.

I think the Star is right to question where the responsible government authorities were in looking out for the public's interest. I think if the truth is told, you will find that the FBI, the Attorney General, the Secretary of State, the Marion Co. Prosecutor and the Mayor Bart Peterson's office have all received numerous complaints over the past two to three years about this serious problem. Unfortunately, everyone involved here appears to have looked the other way.

"When Bloggers and Political Candidates Collide"

The Indiana Coalition for Open Government and the Indy Pro Chapter of the Society of Professional Journalists are sponsoring "When Bloggers and Political Candidates Collide" at noon on Tuesday, October 3 at the Glendale Branch Library, Glendale Mall. Seventh District congressional candidates Rep. Julia Carson and her Republican opponent Eric Dickerson are invited. Bloggers Jennifer Wagner, Indiana Democratic Party communications director; Abdul Hakim Shabazz, radio talk show host; and RiShawn Biddle, Indianapolis Star editorial page writer, will participate.

A few people have asked me about this event and why I'm not participating on the panel since I've probably blogged more than any local bloggers on the 7th District congressional race. I was contacted a few weeks back by Kyle Niederpruem, a former Star reporter who now works for the Indiana Coalition for Open Government about participating in future events planned by the her organization. She tells me that she is interested in my participation in a larger event planned for next year, which will likely include several area bloggers, just not this event on Tuesday.

For some of us, it gets back to the old debate of what constitutes a blogger. I think Steph Mineart of A Commonplace Book will agree with me on this point. Each of the bloggers scheduled for Tuesday's events do their work as bloggers in connection with their full-time paid positions. Shabazz and Biddle are full-time journalists. Wagner is a full-time communications director for the Democratic Party. Yes, they are all bloggers as well, but they are quite different from fellow bloggers like Mineart, Bil Browning, Doug Masson, StAllio, Ruth Holladay, Mitch Harper, Marcia Oddi, Zach Wendling et al who are truly independent, unpaid bloggers. This latter group, in which I include myself, is more closely allied with what Internet junkies consider to be true bloggers who write to have their views heard, often which are overlooked by the mainstream media. It's a distinction some may consider subtle, but it's a major distinction to traditional bloggers like myself.

I would encourage folks to attend the event. I haven't heard any confirmation on whether either or both of the candidates will attend. I hope both will participate. I don't believe my schedule will allow me to leave work in the middle of the day on Tuesday to attend, but I hope to hear back from those who can make the event.

Star Flacking For Kennedy

You have to give Democratic prosecutor candidate Melina Kennedy credit. When you get the Star to do your flacking for your campaign, you must be doing something right. If you read area blogs, you know that pro-Kennedy bloggers have spent a lot of time criticizing Brizzi's ads questioning Kennedy's experience. And just this past week, pro-Kennedy bloggers were all over area blogs making the argument that the raid on the coroner's office this week was nothing more than a cheap publicity stunt, noting that Brizzi even had makeup on when he arrived at the coroner's office to serve the warrant.

The writers of the "Behind Closed Doors" column help Kennedy out on both accounts. On the experience argument, they write "OK, Carl Brizzi, we get it: You don't think Melina Kennedy's qualified to be Marion County prosecutor." I guess these writers don't think much of this argument. They show us this response to the claim from Kennedy: "Kennedy says her experience as a lawyer and a deputy mayor of Indianapolis is relevant in running a large prosecutor's office in which deputy prosecutors handle nearly all of the cases. Referring to the TV ad's inexperienced pilot, she said: 'I'm not seeking to be a pilot. I'm seeking to be CEO of the airline.'" Okay, following that logic with a more analagous comparison, would you hire someone to run a police department who has never worked as a police officer?

On the coroner's raid, the Star's writers say:

A search warrant raid of the Marion County coroner's office turned into quite the circus Tuesday when the media showed up before the investigators.

As several reporters watched from the parking lot, radio show host Abdul-Hakim Shabazz sauntered into the office at 521 W. McCarty St. and asked about the warrant.

That was 20 minutes before Brizzi arrived.

Coroner Kenneth Ackles wasn't happy to be the last one to get the tip about the investigation into alleged thefts and obstruction of justice there. He said the raid was unnecessary because he'd been cooperating with the probe, which followed reports of more than $3,000 stolen from one corpse and the cremation of another without notifying the police or family.

He questioned whether Brizzi's alert to the media was an election-year publicity move. "How did you find out before me?" Ackles asked later. "You must be in the club with that guy with the makeup on."

Brizzi said he was wearing makeup because he'd been shooting scenes for TV ads that morning. He said he tried to remove it but doesn't know much about taking it off.

"I guess I didn't do it perfectly," he said.

Help me out here a little bit, but doesn't the news media get ticked off when they're not given a heads up on these things? I can recall countless occasions when the police department has conducted raids and invited local news media to go with them. And did you ever notice they often take place just about the time a news broadcast is set to air so they can report live from the scene? On the issue of Brizzi wearing makeup, since Ackles didn't show up to accept the search warrant Brizzi had notified him he was serving on his office, how did he know Brizzi was wearing makeup. Which of these Star reporters do you think shared that with Ackles? And isn't it a little sexist to knock a guy for wearing makeup when women wear makeup daily and are not asked about it?

Incidentally, the Star writers credited with this week's "Behind Closed Doors" are Theodore Kim, Jon Murray, Mary Beth Schneider and Brendan O'Shaughnessy. Also, note that the Star has had nothing to say about the recent DUI arrest of Lacy Johnson, III, one of the person's behind the "bar/private club" in the Julia Carson Government Center--something that was a little more newsworthy and discussed on several area blogs this past week.