(Rising Sun, Ind.) – A man convicted of intimidating a judge in Dearborn County is trying to take his case to the Indiana Supreme Court.
Dan Brewington is serving a five-year prison sentence following his conviction on Intimidation of a Judge, two counts of Intimidation, Obstruction of Justice, and Perjury in a 2011 jury trial. Prosecutors persuaded jurors that the Internet blogger threatened Dearborn Circuit Court Judge James Humphrey and others in his online writings.
Last month, the Indiana Court of Appeals overturned part of Brewington’s conviction. However, his convictions for Intimidation of a Judge, Obstruction of Justice, and Perjury were upheld along with the five-year prison sentence.
On Thursday, Brewington’s attorney filed a petition to get the case in front of the Indiana Supreme Court.
In the briefing, the jailed blogger’s attorney, Michael K. Sutherland, alleges that his first amendment rights were violated.
“For these reasons, Brewington respectfully requests the Court grant transfer, vacate the decision of the Court of Appeals, reverse his convictions for intimidation, attempted obstruction of justice and perjury, and enter verdicts of acquittal. Alternatively, Brewington asks for a new trial on the charges of intimidation and attempted obstruction of justice at which his federal and state constitutional rights will be given full protection,” Sutherland wrote.
Sutherland also claims that Brewington’s Perjury conviction should be thrown out because it related to a Dearborn County Grand Jury proceeding in which Prosecutor Aaron Negangard asked Brewington a question. Brewington’s answer was interrupted by the prosecutor.
“The State should not be able to prosecute a witness for perjury based on an incomplete statement when the State is responsible for it being incomplete,” Sutherland said.
The Indiana Supreme Court has not yet decided whether to hear the case.