Thursday, October 22, 2009

Judge McClure concedes but doesn't step down . . . YET

In a protracted and on-going battle, Boone Superior Court II Judge Rebecca McClure has sought to prevent the public from accessing public records of the Court and a local town. Much of it has to do with her relationship to Boone County Prosecutor Todd Meyer and former Thorntown Attorney Carlyle Gerde who is now deceased.

Now a lawsuit is being prepared against McClure for defamation, a Verified Motion to Seal the defamatory document produced by her has been filed, and preparations for the filing of a request for investigation with the Judicial Qualifications Commission are being made which includes a request for an audio copy of the 08 October 2009 hearing in which McClure said I was "wasting the Court's time" pursuing an appeal of McClure's unlawful order to seal a court pleading.

In 2005 I starting raising an issue with Todd Meyer holding a fire victim in jail for allegedly burning down the building he lived in. Meyer also charged his girlfriend as an accessory for "hiding" him at a local hotel under his real name which she told investigators about. Eventually a grand jury found that neither had anything to do with the arson and another man is currently in prison for it.

Meyer tried to blame his fiasco on the girlfriend and charged her with false reporting saying that if it wasn't for her he would have never charged either of them. A jury didn't see it that way and acquitted her in under an hour. Although it was admitted in open court during the December 2007 trial that I was acting as legal counsel to her and was not needed as a witness, McClure ordered me out of the courtroom for the proceedings anyway.

I then sought access to the court proceedings through a public records request which McClure initially denied. After I made a complaint to the Public Access Counselor she then conceded but issued stringent guidelines for my review of the record in violation of the APRA

Earlier in 2007 I was involved in litigation in the Boone Superior Court II after the Town of Thorntown sued me over posting signs about elected officials including Todd Meyer, Judge David and the town council. In that cause McClure ordered that I was not to send public records requests to the Town of Thorntown. As it was my legal right to do so I continued sending requests which Thorntown continued to ignore. Town Attorney Carlyle Gerde filed this Report to the Court detailing such. I then filed my response and McClure backtracked but not enough. I then filed a Motion to Vacate the Order. McClure never did enforce the order.

The case got active again recently after I was provided with documents from the Thorntown Police Department that clearly demonstrated that former Thorntown Marshal Jeff Woodard, former Council President Gary Jones and then town attorney Carlyle Gerde had all lied during trial. I filed a Rule 60(B) Motion to have the judgment set aside based upon fraud.

Gerde filed a response including a Motion to Seal seeking to have the Rule 60(B) motion sealed. About a week later McClure sealed the record without giving me a chance to respond. Additionally McClure was to allow the public an opportunity to contest the denial of their access to the record.

A filed a Response to Plaintiff's Motion to Seal within the time period establish by court rule. I also filed a Notice of Appeal of the Order to Seal. McClure, knowing I was correct, unsealed the record. I then filed a Motion to Withdraw Notice of Appeal.

With the truth coming out and uncertainty about Thorntown's ability to find another corrupt attorney who will collude with McClure to maintain secrecy of these matter McClure filed an Order of Recusal. In that Order though McClure unnecessarily defamed me in an attempt to turn public sentiment against me and influence any judge who may view the case in the future. I have filed a Verified Motion to Seal Order of Recusal.

Additionally I will be filing suit against McClure in her personal capacity for defamation since the defamatory comments were made in excess of anything necessary to the Order. I hesitate to use the word finally so I will say that I will also be filing a request for investigation with the Judicial Qualifications Commission after I get a copy of the recording of the hearing in which McClure said I was wasting the Court's time. If the past is any indication of the future I will have to file suit to get the records to present to the Commission.

It's likely far from over and I didn't start it but I will end it.

Most of the documents referred to may be viewed here.


Indiana Custodial Rights Advocates

©2009 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

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