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Subject: Attorney Wants Judge Off Acapulco's Case Author: Publius (amazed) [ Next Thread | Previous Thread | Next Message | Previous Message ] Date Posted: 13:48:55 12/04/12 Tue Eagle 99.3 reports that the defense attorney for a restaurant owner accused of Corrupt Business Influence, Fraud, and Identity Deception wants the judge on the case removed. Adolfo Lopez remains held in Dearborn County’s jail on $3 million surety bond and $250,000 cash bond after an earlier request for a lower bond was denied November 21 by Dearborn Circuit Court Judge James D. Humphrey. Lopez’s defense attorney Doug Garner filed a motion on Monday titled “Motion for Removal of Judge James D. Humphrey Because He is Biased in Favor of the Dearborn County Prosecutor, Aaron Negangard.” Garner’s motion asks that Humphrey grant a change of judge in the case or recuse himself so that a special judge can be appointed. “Judge Humphrey acquiesced or participated in a procedure employed by Mr. Negagnard to use bond as a tool of law enforcement to obtain statements from co-defendants Mr. Negangard would have been otherwise unable to obtain,” Garner’s motion states. Three former Acapulco’s employees who had been arrested and released on bond testified on behalf of the state during a November 15 bond hearing. The motion alleges that Humphrey has ceded control of who is released on bond in the Acapulco’s case to Negangard. In an affidavit attached to the motion, Garner listed reasons backing his argument. Garner said during Adolfo and Maria Lopez’s initial hearing on September 25 he approached the bench and observed a hand-written chart listing the bonds set for the Lopezes and other co-owners. “Counsel reasonably believes the Court determined the amounts of those bonds prior to the initial hearing,” Garner stated in the affidavit. Another allegation made is that many of the co-defendants in the Acapulco’s case had their bonds set or reduced only after waiving their Fifth Amendment rights and providing statements to the prosecutor. Gardner said the “facts suggest the prosecutor is determining which defendants are being released on bond in the Acapulco Cases and the judge of this Court is assisting with the prosecutor’s use of pretrial incarceration to force the waiver of constitutional rights.” He added that a defendant waiving their constitutional rights is not an appropriate factor in setting bond, under Indiana law. The motion for the judge’s removal also states that Humphrey was a victim in a recent case that Negangard prosecuted. Blogger Dan Brewington is serving a five year sentence for convictions of Intimidation of a Judge, Intimidation, Attempt to Commit Obstruction of Justice, and Perjury. Humphrey and Negangard each attended an Indiana Court of Appeals oral argument in Brewington’s case held the morning of November 21 in Indianapolis. That afternoon Humphrey issued a ruling to uphold Adolfo Lopez’s high bond. Garner referenced prior Indiana case law stating that the issue is not whether the judge believes himself to be impartial, but whether a reasonable person aware of all the circumstances would question the judge’s impartiality. Eagle 99.3 News sent Negangard an e-mail inviting him to respond to Garner’s motion on Monday afternoon. A response was not received as of the publication time of this article [ Next Thread | Previous Thread | Next Message | Previous Message ]

Replies:

Subject Author Date Re: Attorney Wants Judge Off Acapulco's Case It's about Time 19:00:07 12/04/12 Tue Re: Attorney Wants Judge Off Acapulco's Case -- read the actual motion on Register page, 19:38:06 12/04/12 Tue Re: Attorney Wants Judge Off Acapulco's Case 3 million bucks????? 22:54:58 12/04/12 Tue Re: Attorney Wants Judge Off Acapulco's Case -- What?, 01:28:17 12/05/12 Wed Re: Attorney Wants Judge Off Acapulco's Case Now I get it 07:54:25 12/05/12 Wed Re: Attorney Wants Judge Off Acapulco's Case -- What?, 15:42:57 12/05/12 Wed Re: Attorney Wants Judge Off Acapulco's Case XXX 11:07:35 12/05/12 Wed Re: Attorney Wants Judge Off Acapulco's Case -- To XXX, 15:06:04 12/05/12 Wed Re: Attorney Wants Judge Off Acapulco's Case -- Ava Crowder, 23:19:42 12/06/12 Thu Re: Attorney Wants Judge Off Acapulco's Case Flash 07:16:51 12/06/12 Thu Re: Attorney Wants Judge Off Acapulco's Case update? 12:20:32 12/25/12 Tue