Today I obtained a memo about alleged misconduct in Elkhart County involving the local prosecutor. The Sheriff up there had suggested that the person asking for an investigation of the local prosecutor contact the FBI and the Indiana Attorney General Greg Zoeller's office. The notes from the whistleblower's contact with Zoeller's office went like this:
"We do not investigate prosecutorial misconduct. Rather we represent them in legal matters."
Really? What about the legal requirement that the Attorney General investigate notices of tort claims filed against state officials, which include prosecutors? So are you saying you don't actually investigate those when prosecutors are accused of wrongdoing?
And what about investigating a matter before you reflexively agree to represent a state official including a prosecutor, who is accused of misconduct? When I worked for Attorney General Linley Pearson he 1) insisted we look into accusations that a government official was violating the law and 2) that the AG did not have to represent that government official if we found out he or she was violating the law.
I have never known the Carter/Zoeller Attorney General's Office to ever conduct an investigation into a whistleblower's accusation. The response has always been the same - go after the whistleblower who dared to accuse the public official of wrongdoing. Given the history of the AG's office under the leadership of Carter/Zoeller, I have to wonder about the truthfulness of Zoeller's claim that he did an investigation into the prosecutor's compliance with Indiana's civil forfeiture law.
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