Right to Access Court Records Trial 08 November

When Boone Superior Court II judge Rebecca McClure ordered that I was not allowed to attend the criminal trial of a client of mine I knew she was violating Indiana's Open Door Law. So, I immediately made a request for access to the recordings of the proceeding under Indiana's Access to Public Records Act [APRA]. Incidentally, my client was acquitted.

When McClure denied my request stating that the proceedings of criminal trials are confidential I filed a complaint with the Indiana Public Access Counselor [PAC] who is an attorney working for the Indiana Attorney General. McClure then conceded that I was correct, that the recording was not confidential. However, she placed additional restrictions on my access to the recordings that violated the APRA. More about that may be read on the Indiana Coalition for Open Government's website.

McClure had also ruled that I was to use the Indiana Trial Rules when seeking information from the Town of Thorntown about police officers stalking women. McClure reasoned, incorrectly, that since the town has sued me for placing a sign in the window of my home about a child-molestation ring that I could no longer use the APRA.

The Thorntown case was brought after Town Council President Gary Jones freaked out that I was threatening to reveal who was involved in a child-molestation ring. This came after Western Boone Junior High School [WEBO] Assistant Principal Jerry Taylor resigned in 2005 following a sexual assault complaint.

I also had recordings of Jerry Taylor discussing that he had Boone Circuit Court Judge Steve David give extra punishment to children at Taylor's request. One parent told me this was her child being sent to the Henry County Youth Center after Taylor's sexual advances were rebuffed. Other's were sent to the Indiana United Methodists Children's Home [IUMCH] in Lebanon.

Around the same time a student at WEBO who was age 15 at the time sent a letter to me following her arrest and detention at the Boone County Jail complaining of something that happened to her. I made a public records request to the jail and the prosecutor's office seeking access to those records since they are public pursuant to statute. Judge David summarily dismissed the lawsuit against the prosecutor protecting other's in the ring.

The lawsuit against the jail, heard by a different judge, was settled with disclosure of the very few documents that were available and the implementation of a new policy to comply with the recording keeping law of juveniles held at the facility.

In the meantime Judge David had issued a restraining order barring me from receiving additional information from the girl. After the girl delivered additional information to my home Judge David issued an arrest warrant for me. Even though I demanded a trial and wanted to present this information to a jury Boone County Prosecutor Todd Meyer dismissed the charge he had brought.

Finally, in 2008 a worker at the IUMCH was convicted of sexual assault on one of the three girls, all age 15, who I had received complaints from or had information on of inappropriate sexual activity there.

There has been no additional or wider investigation of the child sex ring operating in Boone County but Judge McClure in a document did admit to her involvement in covering it up.

So now Judge William Hughes of Hamilton Superior Court III will decide if the County of Boone has justification for denying access to public records or if the citizens of the State of Indiana will prevail.

The trial will be held at 9:00am in the Boone superior Court I on 08 November 2010. The trial is open to the public by statute and the Constitution. I am confident that Hughes will allow spectators.


Stuart Showalter's Political FaceBook page


Subscribe

Indiana Custodial Rights Advocates

©2010 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.