Thursday, May 19, 2011

Plymouth Citizen Files Complaint Against Local Prosectuor With Supreme Court Disciplinary Commission After He Allegedly Shirks His Official Duties

Apparently, if you're not one of the elite citizens in Plymouth, Indiana, justice does not apply and justice does not appear to be blind either, at least at the prosecutor's office.  The following is a complaint that was filed against  Prosecutor David R. Holmes with the Indiana Supreme Court Disciplinary Commission by concerned Plymouth citizens.

With a former school board member on house arrest, and media outlets who didn't find it newsworthy that a school board attorney resigned in disgrace last night, honest Plymouth citizens have no where to turn except to this forum where many are looking in disgust at the ugly corruption and waiting for someone to do something about it.

The following was written by Dare Hawes, a Plymouth community activist and favorite political target of a few elected and appointed leaders whose actions are being questioned by many:

The Supreme Court has stated that one of the most sacred rights citizens have is the right to petition (or appeal to) our government for the redress of (or remedy to) our grievances (or accusations).

As a citizen, we are shocked—and frightened-at how local Marshall County Prosecutor David R. Holmes, a publicly entrusted official, has willfully chosen to ignore this sacred right promised by our Constitution. The sad fact is Mr. Holmes has repeatedly, irresponsibly and unethically covered up and ignored citizens’ persistent cries of alleged criminal wrongs and obvious public corruption by our local school superintendents, as based on legitimate testimony and evidence.

As the Marshall County Prosecutor, Mr. Holmes’ willful choice to not investigate this alleged public crime of computer tampering (a class D felony), believed committed by public school administrators and covered up by both the Plymouth school board and Mr. Holmes—despite the preponderance of evidence and testimony-- is the primary cause of a recent complaint to the Indiana Supreme Court Disciplinary Commission. This alleged public crime is believed committed by public school administrators Dan Tyree and John Hill and willfully covered up by both the Plymouth school board (Todd Samuelson, Larry Pinkerton, Frank Brubaker, Melissa Christiansen, Larry Holloway---and former member (attorney) Ron Gifford who is presently under house arrest)  and Mr. Holmes.

As is documented  Mr. Holmes has persistently refused to investigate-as recently as 3/14/11-- an alleged criminal wrong committed by public school officials that occurred on October 4, 2007 (and possible other dates) on a Plymouth High School Computer. Testimony and evidence, and professional analysis of an incomplete record clearly indicates computer tampering on a scale of 10 at 9.5. There is no question that probable cause exists based on the testimony and evidence, but Mr. Holmes has absolutely refused to ever once meet with citizen complainants, or to investigate the crime scene. Instead, he willfully misrepresented facts to the State Police stating in his opinion there was nothing to investigate. Do know Holmes’ office staffers—who for obvious reasons do not wish to be identified-- joke that if you ever want to commit a crime, do it in Marshall County as you will never be prosecuted. Sad, but true.

As a result of Mr. Holmes’ willful negligence this alleged criminal act remains unresolved. Despite earnest appeals to the Governor on down to the local mayor, apparently no one has the power or authority—or the politically incorrect leadership-- to investigate this local crime other than Mr. Holmes. Local school administrators have spent well over $25,000 of public monies, seemingly covering up and protecting themselves rather than our school community.

We were advised to elect a new prosecutor to solve the problem. Mr. Holmes ran un-opposed.

Recently on March 14, 2011 at approximately 1:30 PM I met Mr. Holmes for the first time in the court house. I called his name to get his attention, graciously offered my hand and introduced myself. Witnesses were present. Mr. Holmes, a public servant elected by the People, was arrogantly rude. Without provocation of any kind, Mr. Holmes haughtily refused to shake my offered hand, and in violation of professional ethics lied to me about me. This is contemptible behavior for an attorney entrusted by the People to serve the People.

I was at the court house advocating for a minor who Mr. Holmes had brought charges against based on probable cause. This fact, coupled with his repeated, willful refusal to ever even investigate an unsolved criminal act allegedly committed by public school officials as based on probable cause, and his odious behavior upon first meeting me caused me to write yet another letter
to him in regards to the yet-to-be resolved computer tampering crime committed on public school property.

Given Mr. Holmes history of consistently ignoring citizens and willfully refusing to meet or speak with citizens regarding this serious public corruption, I again sent this letter directly to him—but this time I sent it  certified and restricted delivery, as legally advised to do.

 We never received one single response from our local prosecutor to our numerous good faith appeals regarding this suspected crime, as based on significant evidence and testimony. Not one response. This is reprehensible!

Mr. Holmes four times willfully refused this restricted-certified letter regarding an alleged crime.  Four times. His office is two blocks from the USPO. What if this letter had been reporting a murder? Our local prosecutor willfully just shuts his eyes to criminal wrong doing---at least those alleged committed by his politically-correct “friends”--fueling further corrupt and criminal acts in our community.

It is our hope that the Supreme Court Disciplinary Commission will severely discipline Mr. Holmes for the welfare of the citizenry, as well as himself. The alleged public crime he has refused to investigate is like a cancer, fueling numerous other unjust actions by arrogant public school officials.

Dare Hawes et al

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