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Giving Defendants A Voice In The Media

    Every day across America, citizens are arrested, processed, incarcerated and put on display by “news media” for offenses they have
been accused of committing.  These arrests for the alleged offenses may be the result of anything ranging from the outcome of a 911
call, routine traffic stop to a felony indictment handed down by a local, state or federal judge or prosecutor.

    With the ever increasing popularity of social media, a growing number of district attorneys are turning to Facebook as their easy to
use internet news media outlet. While posting arrest records and mug shots of those folks who have had the misfortune of falling into
their local law enforcement and judicial system provides a documented up to the date report for voting constituents to follow the daily
progress of crime fighting in their area, there are also drawbacks and negative consequences with this approach.  

    To start with, the prosecutor will usually post a link to the local newspaper or radio stations' internet news story on the event to their
Facebook timeline. This allows any Facebook user to post opinionated comments about the person, the allegations and whatever
baseless unrelated diatribe they wish, as long as they do not use profanity or make illegal threats. Unfortunately, this unmoderated
platform also gives the commenting Facebook user the ability to essentially slander the alleged offender, with no legal consequences.

    (slander) - to make false and damaging statements about (someone).

    This high tech form of neighborhood gossip allows the news item to spread rapidly throughout the local and surrounding
communities via social media and in short order, often leads to the Defendant being judged by many readers to be guilty as charged.
This assumption is rationalized to be valid since the readers "saw it in the news"

    The "news item" is usually composed by a well meaning newspaper or radio station employee who has been provided with the
public record "facts" of the case by the local law enforcement agency. The problem with using this information source to compile a
news story is that none of it has been proven to be true, false or anywhere in between, in a court of law.  For example, the police report
will contain statements by witnesses and possibly the defendant pertaining to the alleged offense(s) none of which are necessarily
authenticated facts. This report will also contain statements made by the officer conducting the investigation, arrest and filing the actual
report.  Usually the prosecutor posting a link to the news item will preface it with a blanket statement such as, "A person who has been
charged with an alleged crime is presumed to be innocent until proven guilty".  This disclaimer statement is immediately discarded and
forgotten once the reader begins digesting the "news item" which usually doesn't contain any reminders of the defendant's presumed
innocence. Furthermore, the writer is free to sensationalize and embellish the news item using any out of context information or "facts"
contained in the police report that they choose. This type of journalism, based on hearsay is essentially, irresponsible court reporting.
    While the newspaper or radio station gets its sensational "big news story" about the latest big crime, out in circulation on the
airwaves, in print and on the internet, The Defendant is often the one who pays the price. Allowing the entire Facebook user
community as well as anonymous internet trolls to add their unsolicited opinions about events that may or may not have actually
happened before the facts have been sorted out in a court of law, at the expense of the Defendant's reputation, integrity and dignity is
not conducive to due process of federal, state or local law. This is unfortunately, the way things are in the world which we presently
live.

The John Browning case file

The Alegations
Police: Man Offered Teen Money For Sex

Posted On October 28, 2014

 
By Mike Perleberg, News Editor WSCH Eagle 99.3 FM
(Moores Hill, Ind.) – The owner of a Moores Hill gun shop is accused of offering to pay a 17-year-old girl to have sex with him.

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John R. Browning, Jr., 51, was charged October 10 with Attempted Promoting Prostitution of a Person Under 18 (Level 4 felony) in
Dearborn Superior Court I.
According to a sworn affidavit filed by Moores Hill Police, the victim was walking in front of Browning’s business, Black Star
Tactical, on Main Street when he asked her to come inside the shop. There, Browning allegedly offered to pay the teen $20 for a half
hour of sex.
“(The victim) told your affiant that John had approached her on the street a few times after that and told her not to forget his offer,” the
investigating officer wrote in the report.
With permission from the victim’s mother, police had the teen girl use an audio recording to record a conversation between her and
Browning on August 11. During a conversation, Browning allegedly discussed various sexual favors with the girl, that he would pay
her $30 for a half hour, and that “he could really help her out financially.”
Investigators met with Browning on August 19. He at first denied the accusation, but allegedly admitted to the activity, saying “his
mind just went to mush and the devil won this one.”
Browning was arrested October 13. He was released from the Dearborn County Law Enforcement Center after posting a $25,000
surety and $2,500 cash bond on October 15.
A pretrial hearing has been scheduled for November 26 with a March 9, 2015 jury trial in Dearborn Superior Court I.

The Defendant's side of the story

1.(the victim was walking in front of Browning’s business, Black Star Tactical, on Main Street when he asked her to come inside the shop. There, Browning allegedly offered to pay
the teen $20 for a half hour of sex.)

The "victim" a 17 year, 11 month old, at the time, mother of a 3 year old was never asked to come inside the shop.  She came in,
uninvited, on two occasions, smelling strongly of marijuana and visibly intoxicated. She begged for money to feed her baby, stating
that she knew he'd given a lot of cash to some of the local kids before. She was told that business was slow, cash was tight but there
might be a small amount of light duty work in a couple of weeks. She was offered $20.00 for breaking down cardboard United Parcel
Service shipping boxes, which were stacked in a storage closet. She was told that the job would take about 30 to 45 minutes and would
be contacted by phone if and when she was needed.
2. (the victim) told your affiant that John had approached her on the street a few times after that and told her not to forget his offer,” the investigating officer wrote in the report.

This is a complete fabrication by the "victim" and never occurred.

3.(With permission from the victim’s mother, police had the teen girl use an audio recording to record a conversation between her and Browning on August 11. During a
conversation, Browning allegedly discussed various sexual favors with the girl, that he would pay her $30 for a half hour, and that “he could really help her out financially.”)

The "victim" returned to the shop on August 12, 2014. At this time she did not smell like marijuana or appear to be intoxicated. She sat
at the counter and thumbed through a firearm catalog repeatedly. She said that she was confused about the discussion from her previous
visit and asked what had been meant by "personal stuff".  She was told that she had been offered $20.00 for recycling the United
PARCEL Service stuff (boxes) in the storage closet. She then stated that she had misunderstood the offer to have been money for
personal stuff like sex. She then stated that she was of legal age, was on two forms of birth control and could do whatever she wanted
with whoever she wished, including all sorts of sex acts she had experience with. She was again told that she would be contacted by
phone if and when she was needed, which she never was. The article author's description of the conversation on August 11 is based on
allegations listed in the prosecutor's affidavit and are completely inaccurate.

4. (Investigators met with Browning on August 19. He at first denied the accusation, but allegedly admitted to the activity, saying “his mind just went to mush and the devil won this
one.”)

This statement was culled from Officer Casebolt's report. The Defendant did not admit to any alleged activity. The Defendant did
express remorse and admitted using bad judgement for having allowed himself to be alone with the "victim" with no witness present.

The Outcome
    At the trial, the "victim" testified that she had repeatedly lied to law enforcement officials so regularly in the past, that she could not
say with certainty, how many times she had done so.  She also stated that she could not truthfully determine if The Defendant had
offered her money for "personal stuff" or "United Parcel stuff"

    On April 14, 2016 Judge Jonathan Cleary of Dearborn County superior court, on the charge of attempted promoting of prostitution
of a person under the age of 18,  which carries a 4 to 12 year sentence, rendered a decision of not guilty. His stated grounds for the
directed verdict to dismiss was based overwhelmingly on the lack of credible evidence to convict The Defendant of the Level 4 felony
charge. He also admonished the Prosecution for not using reasonable due diligence to prepare with pertinent case law study on the
felony charge (I.C. 35-41-5-1) before bringing this case to his court. The Prosecution offered no argument, excuse or statement in
response.
   

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    This case is just one example of a multitude that have been filed with blatantly over charged offenses by former Dearborn County
Prosecutor Aaron Negengard, who according to the New York Times, "sends more people to prison per capita than any other county in
the United States." The facts are that on September 5, 2014 the investigating officer Brent Casebolt filed his report with Negangard's
office in which he did not determine that there were sufficient grounds for any charges. On October 10, 2014, Negangard and M.
Joseph Kisor filed an indictment against the Defendant for the level 4 felony charge (I.C. 35-41-5-1) Attempted Promoting Prostitution
of a Person Under 18

   Several strangely coincidental facts surround this case, in retrospect. The Defendant was paid a visit by regional BATFE agents at his
place of business on October 24, 2014. This was four days before the Eagle 99.3 article above was published on the internet and
broadcast over the airwaves. The agents were investigating in order to verify the exact charges filed against The Defendant by the State
of Indiana.  On January 8th, 2015 when The Defendant met with the ATF agent again in order to finalize the location change for his
Federal Firearms License, since closing the retail store on January 1, 2015 due to unrelated economical reasons.  The Defendant
inquired as to how the ATF based in Indianapolis had gotten wind of the indictment filed against him. The agent stated that a fellow
industry member (licensed firearms dealer) from the same geographic location as The Defendant, had contacted their office to "report"
the alleged offense.

    The problem with this fact is that the call from another Licensed Firearms Dealer to the ATF would have been made at least 5 days
before the news article ran. This points to a connection between Dearborn County Law Enforcement / Prosecutor's office, Eagle 99.3 or
Dearborn County Register and the local whistle blowing Firearms Dealer.  The motive or agenda is not clear as to how the dealer got
the info and why they were compelled to report the alleged crime to the ATF.  What is clear, in retrospect is the overwhelming
disapproval by local residents of The Defendant's Gun Shop operating in Moores Hill, Indiana.

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