17 August 2011 Dan Brewington Bond Reduction Hearing Notes

17 August 2011 Dan Brewington Bond Reduction Hearing Notes

10 AM -11:20 AM

Judge Brian Hill presiding ( from Rush County)

Prosecutor: Aaron Negangard

Dan Brewington represented by public defender, Brian Barrett (Chief Public Defender, Rush County)

Dan Brewington was sworn in from his seat. He was attired in jailhouse orange and remained in pink handcuffs throughout the hearing.

Barrett asked a series of questions with the following answers: Brewington is 37 years old and has been incarcerated since March 11. He was bonded out of the Hamilton County justice center for $1,000 paid on a $10,000 surety bond after his March 7th arrest. Bonding out was March 9. He has been incarcerated for 171 days. His residence is at 2125 Sheridan Dr. in Norwood, at his mother’s home, for about 18 months prior to his arrest. He also stays at the family farm in Milan at times. These are the only 2 places he’s lived. He has connections to family and friends in both places, He has no passport. He has an OH driver’s license. His only other record is for a DUI in 1995 or 1996 in Campbell County, KY. He owns no property. His bond in Dearborn County was set at $500,000 surety and $100,000 cash. He has no funds to post bond and his family does not due to the legal issues with the lien on his mother’s trust. He may be able to get $1,000 cash. He was not employed prior to his arrest, though he did some contract work for Continental for a show production, but was unable to pursue that further due to his arrest. He is aware that there would be no contact orders for witnesses 9 direct or indirect or by internet) and he would not be able to leave the area. He has never failed to appear in court.
If released he will be looking for work and trying to prepare a case for his jury trial. He wants to clear his name of all of this and will appear at all court hearings. He wants $1,000 cash and not surety. He agreed to waive his right to fight extradition from OH and noted that Dearborn is the midpoint between Norwood and Milan.

Negangard asked questions:
The court ordered you on August 17, 2009 to not have visitation with your children until a mental health professional released you for it. You did not get one approved by the court.
You owe $122,280.80 – ordered to pay to your wife. Brewington said he cannot access his mother’s trust for this.

Barrett: If Judge Hill gave you a list of court approved mental health evaluators, would you do that? YES.

Negangard- You have not held a job since the divorce. NO- have been working on the divorce case.

Negangard passed out several pieces of evidence to the court.

Brewington – with cuffs on – was working thru his stack of evidence as well.

1. Dissolution Decree Judgment
2. Court of appeals decision
3. Letter from Dr. Conner on the divorce proceeding
4. Grand jury testimony in this case’
5. Internet postings and all grand jury exhibits
6. Current CC entry Ripley county divorce Proceedings
7. Current writ of habeas filed by Dan Brewington
8. Copy of inmate interview ( this was added at McHenry’s questioning)

Negangard called Detective Shane McHenry who was sworn in and answered questions with the following information: On March 9, 2011 he was called in to assist in the investigation. They had received a call from Crime Stoppers via Detective Dan O’Brien of the Cincinnati Police Dept. And inmate from the Hamilton County Jail-

Barrett objected to this as hearsay- and after discussion McHenry was allowed to proceed.

The inmate said that Brewington was looking for someone to do a drive-by on a judge. He contacted ATF and talked to an agent and they both interviewed the inmate. A copy of the interview DVD was added to the list of evidence. The inmate knew a lot of information about Brewington and that he was being arraigned for threatening a judge. He knew the judge’s wife was on an ethics committee and people were sending letters to that committee. Brewington allegedly asked him if he knew of anyone interested in doing a drive-by on a judge’s residence. He also knew about the grand jury hearing and how he had upset the prosecutor at that hearing. He told the inmate he had the judge’s address from the assessor’s site. The inmate told him he could help him and provided him with 2 phone numbers. McHenry followed up with the inmate’s daughter and there was no contact from Brewington.

Barrett: What was the inmate’s name? Keith Jones. What was his criminal history? He previously provided info to the police in the past. Was he ever paid or did he receive benefits from providing info? What did he get in exchange? Not known.
Jones said others might have overheard. Did you inquire as to who else was arraigned that day? No
Was there any other affects from this conversation? Not that Shane McHenry knows of. McHenry was not involved in the criminal matter of this case before this.
Has OH pursued anything with this and the ATF agent? No- nor did the feds or the state. And the Dearborn County prosecutor has not pursued this? No.

Negangard called Chief Deputy David Lusby who was sworn in. He was identified as former sheriff also. Kreinhop was out of town for this investigation though he knew about this. He called in Terry Van Winkle to set up a security detail for the judge’s house 24/7 for about 1 week. Even though Brewington was incarcerated- they had security. They monitored all his phone calls – all inmates know this is done. After a week the security detail was terminated and no phone calls indicated anything. They still monitor them and there has been nothing- no threats that he is aware of. Lusby has not been in contact with Hamilton County regarding the alleged threats.

Major Terry Van Winkle was called and sworn in. He described the security detail from 6 PM March 11- midnight March 18. ( Brewington was in jail March 11 forward to present day)He knows of no threats etc.

Negangard called Angela Loechel- attorney for Melissa Brewington during the divorce. She was sworn in and said she has been her attorney since about 2007. Shortly before she was to depose his mother, Dan Brewington told her he believed he had spoken to her husband regarding firearms training. She took it that he was trying to intimidate her. He had not identified himself when he contacted her husband. (He had a business on the internet for firearms training)

Barrett objected to her testimony as she was giving her opinions as to motives etc.

Loechel stated that Brewington later quoted her husband in a letter and she went on to talk about firearms and the two little girls saying that when they were taught to shoot, the wife didn’t like it and the 4 year old wasn’t enjoying it either. She said that after Brewington was evaluated by Dr Conner and Conner completed a custodial evaluation, Brewington sent a number of letters trying to get confidential sections released. He asked for a change of judge. Loechel said she was most concerned about the confidential health records of the wife as Brewington had published a lot including her diagnosis.

Negangard: Brewington started with attorney Streiter, then Blondell, and then represented himself. Did he ever get out of line with the court? Loechel said there was an outburst and yelling at court- demanding his rights at the final hearing. She said the divorce took 3 days- the longest divorce hearing she’s ever been involved in since starting in 1997. Negangard asked if the court had asked him to stop contacting Conner. She said she did not know about that.

Negangard said there were 3 judges- Taul, Humphrey, and now Todd. In the final decree his parental rights were not terminated- he was ordered to undergo a mental health evaluation with a court approved mental health provider. Then if approved he can have 4 hour visits twice a week and so on with various steps approved by the court. This was ordered August 17, 2009. There has been no mental health evaluation in the past 2 years. Loechel says- not that she knows of. She said he has sent letters to school so he can have access to the girl’s school records…

Negangard- Was Brewington ordered to return a 357 magnum handgun? Loechel- that was the only thing not returned of the entire household inventory.
There is $122,000 judgment not completed (there is a lien on the mother’s trust)
46640 from the daughter’s account ordered to return.
No expenses paid to Dr Conner
No portion of Loechel’s attorney fees were repaid
Failed to comply with the court order evaluation
Child support payments are current
The Supreme Court has denied transfer of the case as well?

Barrett: all of this is from the divorce proceedings. Has Brewington ever threatened you? Loechel no- not directly- just the call for gun training. Have you ever heard Brewington threaten anyone? No- there were some incidents t hat the divorce client mentioned. (the wife)
Barrett- but no threat that you are going to pursue as it is your legal right? No. Discussion about changing venue in divorce trial and Barrett noted that Brewington acting as his own attorney did what attorney’s sometimes do- as a legal strategy- change venue.

Barrett- you filed a temporary restraining order and the judge denied that request with the stipulation that it would be considered at the end of the trial. He has a right to pursue his rights too- as his own lawyer- to get records.

Barrett summed up- I have heard NO evidence to indicate he is a danger to anyone. There is a difference between orders in a civil case and orders in a criminal case. There is no indication that he is a threat to anyone. Mr. Brewington appears to be one of those people who gets under other people’s skin- it is not a crime to pursue your rights. He has waived his right to fight extradition from Ohio, he will have no contact with witnesses and he will stipulate to a mental health evaluation from a court approved evaluator. Asked for reduced bond of $1,000.

Negangard- he has disdain for the court’s authority- evidence shows that he only accepts what he agrees with. He will lash out, free speech has limits such as in child pornography and yelling fire in a crowded theater. He intimidated a judge and a witness, he boycotted the attorney’s office, he writes about Blondell and his position on a Catholic School board. Negangard read extensively form Conner’s evaluation and stated that Brewington wouldn’t comply. He represented himself and had to be admonished during a 3 day court trial. He taught the 4 year old to use firearms over the wife and child’s concerns. The test results of the husband show a degree of psychological disturbance- he cited a lot of behavioral traits. He admits to posting on facebook with comment about playing with gas and fire and him being a pyromaniac, and other internet postings. He needs to be evaluated. The gun has not been returned. Is it in a safe? Now we are on our 3rd judge and 2nd attorney in this case, because he doesn’t accept personal responsibility and mind the court. (Brewington did not request any judge or attorney to withdraw in this case)

He has exhausted his appeal remedies. Negangard thinks Brewington is a danger and is not confident he will appear at future hearings. He feels the bond is appropriate as is.

JUDGE BRIAN HILL: I will take this under advisement and will rule by the end of the week. We will set trial between mid Sept to early October when there is no witness availability problems. As to Criminal Rule 4A I am going to push this out a few weeks due to the emergency with the public defender. (Barrett’s mother passed away) we will schedule pretrial about 15 days before trial.

Court ended at 11:20 AM

Christine Brauer Mueller
Lawrenceburg Township