Wednesday, November 25, 2009

Durham FBI Raid Claims First Republican Victim: Tim Motsinger Out of Race for Marion County Sheriff

From Marion County Republican Sheriff Candidate Tim Motsinger's website:
Message from Tim

In light of the recent investigations concerning the non-campaign related business affairs of my campaign finance chairman, I have made the decision that it is appropriate to return any and all financial contributions and loans that my campaign has received from him or his affiliated
businesses.

Unfortunately, this leaves my campaign in a non-competitive financial position.

Therefore, it is with regret that I have decided to end my campaign for the office of Marion County Sheriff.

I want to thank all the friends and loved ones that have supported my candidacy.

Tim
Certainly the entire financing of Motsinger's campaign wasn't based on Durham's individual and personal contributions. Motsinger, who had strong support among establishment Republicans, certainly would have been favored to win slating and probably the nomination as well. There is no reason to believe Motsinger could not have raised plenty of money, independent of Durham, to be competitive ina general election. Motsinger's withdrawing from the race would seem an extreme overreaction. I have never heard of a candidate dropping out because he or she lost a political contributor. One wonders whether there might be more to this story.

4 comments:

Diana Vice said...

Hmmm....makes you wonder doesn't it? The Feds took a massive amount of documentation out of the offices during the raid. Do you suppose it's causing a lot of sleepless nights for some who may be wondering about the possibility of incriminating evidence which could widen the net? I'm getting some very, very interesting google searches on my stat counter from various corners of the country.

Advance Indiana said...

Paul, According to Fox 59 News, Durham had Fair Finance loan Motsinger's campaign $200,000.

karma09 said...

Ogden, seeking to tap your knowledge on procedure on a few things Brizzi-related:

Premise - in responding to personal legal issues through use of employees and equipment of MCPO, Brizzi has clearly violated the Ghost Employment statute found at I.C. 35-44-2-4.

1. How does one make a disciplinary complaint for criminal and unethical activity by an attorney? Who may do so (do they have to be a lawyer)? Is there any other body that adds additional layers of oversight over prosecutors?

2. Who has the ability to investigate criminal acts by a sitting prosecutor, in particular the Marion County official? A.G.? Feds? If the Feds, and without an appointed federal prosecutor, who would make that call over there?

3. Pay sheets and emails of MCPO employees, including Brizzi, may show who was involved in working up the "press release" provided by "his office" (as the newspaper helpfully mis-reports). What mechanisms are out there to obtain those records?

Thank you for any information.

Paul K. Ogden said...

1. How does one make a disciplinary complaint for criminal and unethical activity by an attorney? Who may do so (do they have to be a lawyer)? Is there any other body that adds additional layers of oversight over prosecutors?

Answer Go to the Indiana Supreme Court Disciplinary Commission. Anyone may file a complaint. Probably the Supreme Court would be the only one who could discipline a prosecutor. An individual court could too, to a certain degree, depending on what happens in that court.

2. Who has the ability to investigate criminal acts by a sitting prosecutor, in particular the Marion County official? A.G.? Feds? If the Feds, and without an appointed federal prosecutor, who would make that call over there?

Answer: The AG has no prosecutorial power. The AG could investigate, however, but would have to turn over the info to someone else. The feds have power to prosecute, but only if it involves a violation of federal law. I believe the Supreme Court on its own could appoint a special prosecutor. other than that you don't have many options.

3. 3. Pay sheets and emails of MCPO employees, including Brizzi, may show who was involved in working up the "press release" provided by "his office" (as the newspaper helpfully mis-reports). What mechanisms are out there to obtain those records?

Answer: You, in theory, should be able to obtain those through Indiana's open records law by simply making a request. They can charge you 10 cents a copy of the documents you want though.

If there was a legal proceeding, you could also get those a subpoena.