I was at Pre-Trial #36 this morning. Retired Judge Richard Sallee was presiding. I thought he did a very impressive job of dealing with the situation. He seemed truly interested in getting to the bottom of why the four pending cases have gone through 36 pre-trials and lingered, with the case of the oldest, for nearly 3 years without being tried. He showed patience and understanding dealing with a mostly pro-se litigant, who has admittedly novel legal theories he is pretty relentless about pursuing.
In response to the obvious Criminal Rule 4 problem, the Deputy Prosecutor claimed that the State has been ready at every trial setting for the past three years, but Mr. Treacy, who had filed several speedy trial motions, had asked for every continuance. (I've been to some of those hearings...it simply isn't true.) I'm from the old school. Representing your client is one thing. Making a knowingly false representation to the court is quite another.
Further, the Deputy Prosecutor argued that the continuances, Treacy's admittedly novel legal theories, and his desire to fire his recent counsel, is all part of his "manipulation of the system" to avoid going to trial on the DUI charges. The obvious flaw with the Deputy Prosecutor's argument is that Treacy is in jail. How is it to his advantage to avoid going to trial when he is sitting in a jail cell? He's probably already served more time than he would have gotten if he was tried.
Treacy has filed speedy trial motions on three of his cases. That means that under the rule he has to be tried within 70 days unless he asks for the continuances. Criminal Rule 4 also has a six month rule, which says that even if you haven't filed a speedy trial motion, if you are incarcerated you have to be tried within 6 months. A final rule is if you are out of jail, they have to try you within 1 year time. Again, with the speedy trial, any continuances requested by the Defendant do not get counted in figuring the time. However, any delays attributable to the prosecutor or to the judge (with the exception of the congestion rule), is charged to the State.
Three of Treacy's cases should be dismissed under the 70 day, 6 month and 1 year rule. The other case should be dismissed undr the 6 month and 1 year rule. The notion that the State is going to attribute all the time to Treacy so as to avoid the application of the Criminal Rule 4 is laughable.
The ethics of what the prosecution and others have done in this case bears taking a close look at. It's not just the knowing violation of C.R. 4 when the prosecutor's office continued to incarcerate someone whose conviction would never be upheld on appeal, even if they succeeded in going to trial over the dictates of C.R. 4. There are a lot of other troubling things in the Treacy's file. Repeatedly the Marion County Prosecutor's Office enhanced Treacy's DUI charges by including the notion that he had a passenger younger than 18 in the car when he was stopped for DUI. None of the charging informations reflect there was ever a passenger in the Treacy's car on any of the stops.
The Prosecutor's Office also, I believe very deliberately, served motions on the county public defender's office at a time Treacy was pro se and wouldn't see the motions until the day of the hearing. There were also questionable things being kept in the public court file, including a letter from one of Treacy's attorney's where he discussed legal strategy with Treacy and the likelihood of success should he proceed to trial.
I understand that the Prosecutor's Office is supposed to represent its client, we the public, with zealousness. That does not mean ignoring the rules, making misrepresentations to the court, keeping people incarcerated when you know the case needs to be dismissed, engaging in conduct which is at best borderline unethical, or keeping people incarcerated when you know the case needs to be dismissed.
The Marion County Prosecutor's Office has a well-known reputation in the legal community of keeping charges pending against people when the prosecutors know they don't have a case. I have written about one such case, a mentally disabled charged with robbing a Hollywood Video store. In that case there was no evidence whatsoever that my client committed the crime, other than the store manager's claim which was undoubtedly an effort to divert her own theft by pinning it on a helpless mentally disabled man who liked to stop by the store. What's more we obtained surveillance video of him getting picked up by his brother for lunch before the crime, a video of him eating at a restaurant on the other side of town, and yet another surveillance video of getting change at a car wash. We had phone records showing him communicating with his brother when he was supposedly planning the robbery.
You think that mattered to the Prosecutor's Office? Nope. They left him locked up anyway. He spent several months in jail, confused why he was charged with a crime. While in jail he was beaten up when he was not given his medication and began talking to himself.
It was a dumb charging decision but what was contemptible was that Carl Brizzi's office left the mentally disabled man in jail anyway, even after being presented with evidence he could not have possibly committed the crime.
I believe attorneys, including prosecutors, need to demonstrate more ethics and integrity than what was displayed and that case and has been displayed in the Treacy case. There is a reason why attorneys have a bad reputation. In many cases, we earn it.
17 comments:
Paul, If the facts are as you suggest they are in this case, don't you have a duty to report this to the disciplinary commission?
Advance Indiana
The Police Complaint Center filed a complaint against the main judge in this case and the commission either didn't investigate or chose to ignore the violations of court rules going on in this case. Our complaint would total 4 complaints made against this judge.
While the prosecutor’s office is in violations of legal ethics it is the judge who has the responsibility to make sure these cases move through the system. I have a letter from a man who stated he was put in jail because he sat too comfortably in this judge’s courtroom chair. Someone needs to investigate the judges mental health as he is clearly not all together and if he is he shot the term ethics right out the door. Brizzy’s office is running right behind the judge as far as ethical law practice and prosecuting cases in which little or no evidence exists to get a conviction. Many of our clients have had public defenders who did not investigate the alleged evidence and pushed their clients into taking a plea bargain. One man was told he didn’t have a “right” to a trial the plea bargain had been made.
All the parties involved in this case need to be investigated and punished for the violations of Tim Treacy Civil Rights.
I agree with you Leslie...strange things always seem to happen in that court room. Mr. Treacy was lucky that Judge Sallee has taken over. Even though this is his fourth judge in the case I do believe he will be fair. This Judge did a very good job trying to get to the bottom of Mr. Treacy’s case. He was extremely patient in listening to Mr. Treacy and gave him ample time to speak. I left the court room today feeling as though this case may actually move forward in fairness. Let’s all hope and pray that justice will prevail for this kind and gentle soul.
Gary, you certainly have a point. I have gone down that road before in my legal career, reporting violations with the DC when I've seen attorneys commit ethical misconduct and gotten nowhere with them. I've learned the hard way that the rule you allude to is not followed.
It's unfortunate because we really need to clean up the ethics of the legal profession.
While I don't share Tim's interesting legal theories which distrct from critical issues like CR 4, I agree on one point. The cases are over. They timed out long ago. The prosecutor's office should do the right thing and dismiss them. They're only digging a deeper hole.
Imagine trying to explain to the Supreme Court why you had 36 pre-trials on a man and kept him in jail for 3 years pending trial after he filed for a speedy trial. I would not want to be in their shoes trying to explain that one. My guess is they're keeping things going now exactly because they are desperate to force Treacy to plead guilty so he won't be able to appeal and have what they did reviewed by the Court of Appeals or Supreme Court. Again, all the prosecutor's office is doing though is digging a deeper hole for themselves.
My assessment: A person or group is benefitting from this on a matter that Timothy is keeping to himself.
Blogger Shorebreak said...
My assessment: A person or group is benefitting from this on a matter that Timothy is keeping to himself.
I have to respond to this statement. I have kept silent until now. Who could possibly be benefiting...unless you refer to the judges, the prosecutors, the private jail, or the state and Federal cops who know that they "benefit" from Tim being held in jail, where he is unable to tell his story.
Here is the truth: In June of 2005 nine cops, with a fake warrant, busted into Tim's front door. Tim was at home with a friend, who witnessed this event. Neighbors also watched as the nine cops exited the home, while cursing and throwing things. I have spoken with them.
Tim learned that these cops had been set up themselves. An ex-cop, for whom Tim had worked, who had a disagreement with Timothy, had told someone that Timothy was a big drug dealer. If the cops busted Timpthy, not only would they get to share in perhaps as much as $100,000, but they were told they could keep all the drugs. Cops do these things, in case no one knew.
They found no drugs and stole money from Timothy and his friend. Tim was thrown across the room and a gun was put to his head. His home was not habitable until repairs were made. He lived with us, his parents, until he could regain his health.
He was scared and quite frankly, so were we, because those cops mentioned to Timothy's friend that if he valued Tim's life, he should keep his mouth shut about what he had witnessed.
After Tim was back at home (We do not live in the IPD/IMPD District), Tim began to be harassed and eventually arrested by these same groups of cops. They told him they had a snitch who was willing to testify that Tim was a drug dealer. They would call Timothy up to tell him that they were "looking at a warrant for his arrest," unless he did them a small favor.
These same cops on one occasion, gave Timothy money to buy cocaine for them. They promised to leave him alone, but always demanded more from Timothy who was nothing more than an average human being. He was not a drug dealer.
He agreed to another "drug deal." The cops were to give him money...but that did not happen, because a Federal D.E.A agent who had been part of these fake busts, was robbed of the money by a real drug dealer. The Federal cop pursued the drug dealer on foot. Tim had had enough! He told them so, too.
ALL the subsequent arrests were an attempt to get to Tim. The police reports also mention a specific cop, which they said Tim wanted to talk to. The fact is, it was always the cops who brought up the subject. Tim knew that the cops involved wanted to kill Tim or to have someone else do it.
The plan was to have Timothy arrested and locked away for years. Judge Hill, in court, mentioned as many as 10-15 years. Three times in CCA someone did try to kill Tim. The push has been to force Tim into a plea agreement. Tim will not agree to something he did not do and actually considers signing such an agreement perjury.
What I did not know, as his mother, was that the FEDS were involved with the local city cops. Tim does know their names. I know their names. I have those names in my safety deposit box at my bank, along with other evidence. If Timothy is harmed, I will not be fearful of telling everything Timothy has told to me. I have much evidence.
Why am I writing this? I want people to know this is a very complicated story. This is only part of what we know. Wait to the entire story eventually comes out publicly. There are some mighty big names, which are even known nationally. There are companies tangled in this tedious web of corruption by our supposed leaders.
Let me make this clear. Timothy does not wish to keep anything to himself. On the contrary, we have always believed that "sunshine is the best disinfectant." How does one tell the world something they do not want to hear? Google "Timothy Treacy, Indianapolis." I drove to Ft. Wayne, Indiana to make videos, which are available on You Tube. We have notified just about every agency both local and Federal. Timothy's Habeas case has even reached the Seventh Circuit Court of Appeals in Chicago. No one could imagine the lengths to which we have gone, to get someone to listen. Believe me, Timothy (or anyone else that we know, except public officials)is not benefiting in any way...except of course, if you mean sitting in jail for years without a trial, or losing everything you have had in your life, including your dignity. At least, by resisting those who have wronged him, he benefits from his knowledge that never will he allow them to win. What good is a life if one has to live it in fear?
Claudia, thank you for your response. That piece of the story wasn't present in Pauls blog entries, so I now understand the missing pieces. It was clear that somebody in a posiion of authority has a motivation, but what it was was not apparent.
If it's any consolation, many of us are aware that local and federal offials are working together in central Indiana to enable corruption, illegal gambling, RICO activity, drug sales, monely laundering, and much more. We're probably not unique among other large cities, but the corruption in Indianapolis is more obvious and transparent than in most other cities.
I'd like to forward a couple of minor recommendations to you. If you can contact Paul with your email address, I'm certain that he'll forward it to me. I'll send you a quick note.
Rose
Is Hill off the case officially? I've seen substitutes who still follow Hill's directions like the hearing when a mental evaluation was ordered for Tim. Not only had you better not talk in this court room but you also better not fall asleep! If you do you are subject to arrest.
In addition to the post by Claudia I want to mention that Tim is not the only person that has been arrested by these select cops because he refused to snitch for them. I've been to hearings for another man who was accused of driving while suspended for life (actually he was laying in the seat of his wife's car putting in a radio) At the hearing I heard testimony from an officer saying that he got official identification for the suspect from the DMV. That was a bold face lie because the car the suspect was lying in belonged to and was registered to his wife. At any rate the suspect was told that if he snitched for the drug cops all his charges would go away. This by the way is the same man who was told by his public defender he didn't have a right to a trial. When he refused the plea bargain he asked the judge for a continuance to prepare for trial and it was denied with trial to start the next day. Up to this point his attorney had not done anything in preparation for trial. Later that same day he received notice that a continuance was granted to the prosecution because they lacked enough evidence to go forward. The judge in this case was a woman not judge Hill.
When judges and attorneys fail to follow the law and rules of court they should be barred from practicing law. These substitute judges that keep allowing this case to continue are just as guilty of not following the law as Hill is. These same substitute judges have a duty to report other judges like Hill who repeatedly fail to follow court rules and the law. Someone in that judicial system should have enough guts to say case dismissed and set Tim free.
Allow me to attest to the facts as Leslie pointed out, about the case involving the man who was simply putting a radio in his wife's car...which was in the driveway.
I was in court that day also. The events took place in March of 2008. The entire reason for the cops' alleged reason for being at the man's house was "an anonymous tip that the man was driving." A police detective testified to what he saw. He mentioned that he was a member of the "drug task force."
Are we to believe that a detective, who is a member of the drug task force, was sent to check out an anonymous tip about driving without a license? The detective agreed that the IMPD did not know who made the call.
Guess what caught my attention in the detective's testimony? This IMPD detective said he was, or had been the partner of the same IMPD detective whose name was always mentioned in Timothy's police reports.
The detective lied. He contradicted himself. It should be obvious to anyone, that when a cop arrives at your home without a warrant, on an anonymous tip, and uses that phony tip against you, there is much more going on than meets the eye. In this case, the detective admitted he was only there on the tip, which has nothing to do with the "drug task force."
I believed from the beginning that the defendant knew something these cops did not want to get out. The defendant was, by the way, not arrested that day for operating a motor vehicle.
Leslie, you are so correct about this case. This defendant had the courage to speak up and was allowed to go to the law library, to look up what he was told about the law. I met his wife one day in the elevator. Her story was sad. Her husband was going to be sent to prison for 6-7 years and for doing not one wrong thing.
In this case the presiding judge said she needed to have a reason for a continuance. Since she had been given none, she then set the trial for 2 days later. We know the rest of the story. This judge was in charge of her courtroom.
Are we to believe that Timothy rules Court F18 and has actually been telling Judge Hill (for over three years) what to do?
Leslie,
I have to say, it is obvious to me and others that Judge Hill is operating behind the scenes. It has yet be determined whether or not, Judge Sallee will follow the dictates of Judge Hill. It would not surprise me if another judge was appointed to adjudicate Mr. Treacy’s cases. Is Judge Sallee going to come back?
Strangely, Judge Hill sat in the jury box while Judge Sallee was questioning Mr. Treacy about his cases. I observed Judge Hill laughing and snickering as the Judge was trying to wrap his mind around the facts of Mr. Treacy’s cases. After listening to Mr. Treacy’s side of the facts, the Judge started to see the whole picture. At that point, Judge Sallee began to treat Mr. Treacy with fairness. It was obvious to me that the Judge was only briefed in accordance with Judge Hill’s perspective. Once Judge Hill realized that Judge Sallee was putting it altogether, Judge Hill stopped laughing and snickering. It wasn’t long after that, he decided to leave the court room.
Judge Sallee has 50 years of experience in the legal system. He is definitely well seasoned in his field of expertise, and cognizant of how to read people. He took it all in, the body language, the facts, and the actions of not only Mr. Treacy, but that of the prosecutor and supporters as well. I was extremely impressed with the Judge and his professionalism. Whereas, it was apparent that Judge Hill was not too thrilled that the tables were starting turn in Mr. Treacy’s favor.
Since January of this year a CR4 hearing had been requested by Mr. Treacy and his council. Even though many attempts have been made to accommodate this request, no action has transpired. The Court reporter offered many options to meet with all parties. Yet, prosecutor Gilley consistently denied availability. The court reporter even suggested weekends in an effort to accommodate Mr. Gilley. When the Judge asked Mr. Treacy’s council how long it had been since the CR4 was requested, his attorney replied, just a few weeks ago. This statement infuriated me, who in the world is he working for? Mr. Treacy does not trust this attorney; in fact, he fired him after his last hearing for not submitting into the court record his evidence that would have proved his innocence on the fraudulent probation violation. Because Judge Sallee is so unfamiliar with Mr. Treacy’s cases, he had a difficult time understanding why he fired his attorney. It isn’t easy to understand all aspects of these cases in a single court hearing. It would have been ideal if Judge Sallee would have been briefed on the actual facts prior to the hearing, but it obvious he was not briefed.
It is necessary that Mr. Treacy have a trustworthy representative that follows the rules of the court…not someone who admits to not being aware of written rules. According to his dimissed attorney, all the court rooms run differently, and the attorneys all know the unspoken rules in each court room; therefore, the written rules don’t apply. This is unbelievable to me, that an attorney would even utter such a statement. Wow, what a mind blower…not aware of the written rules of the court! Hum; this is BS, then why are the rules posted on the Marion County court web page if they are so meaningless? This is an outrage in my opinion, who are the Judges and the attorneys really working for? If these judges continuously make up the rules as they go along, how just is justice in our society? Yesterday, Judge Hill added a new feature to his court. How about this, if you sign a plea, you, the defendant, not only lose your constitutional rights, but your right to an appeal. Wow, this judge seems to get away with murder, so to speak. In my opinion, it is time to disbar a few of these guys under the judicial code of conduct.
Yes, we must be leery of what this court room is capable of doing. I am all too aware of the grave that Judge Hill and the prosecutor have dug for themselves. Sadly, many people have been harmed and are still being harmed by these persecutors. My question is who is really running the court, Judge Hill? Judge Hill and prosecutor? Why isn’t this prosecutor held in contempt for not following the Judge’s order? It is time that we the people demand justice for all. We must take back our court rooms and mandate that the Judges work in accordance with the Law or be disbarred. All we ask for is justice and it is high time we get it.
Any updates in this case?
interested in any updates
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