Following my criminal trial last October, I wrote a blog post explaining how Dearborn County Prosecutor F. Aaron Negangard proclaimed that Dearborn County Circuit Judge James D. Humphrey was a “son-of-a-bitch.” Prosecutor Negangard argued it was illegal for me to lie and call Judge Humphrey a child abuser. The prosecutor argued one could call Judge Humphrey a “son-of-a-bitch” but not a child abuser.The judge could sue for libel if he is falsely called a child abuser. However such a suit would surely lose as the context of Dan's comments was clearly that he considers it child abuse to forcibly separate a father from his child. The judge clearly is a child abuser in that sense, as children are nearly always worse off when a judge does that.
Of course, Dan could be understating the case against him. To get the worst accusations, download the govt brief against him here. The main points are:
Dan got the address from public real estate tax records. It is not a crime to post info that the county govt makes public.
This is no evidence. Even if the web page said that they lived at the same address, Heidi could have been the sister, mother, or daughter. Dan is unlikely to have known that Heidi is the wife from the web page.
Dan should have had a right to see that evidence. Apparently the main issue was that Dan's wife submitted evidence of her being treated for various mental illnesses, including depression and OCD. Since that evidence went against Connor's recommendation, he feared that Dan would use it to support his legal argument for joint custody. As he should. He certainly ought to know if his child is being left in the care of a mentally ill women, and court parties should always see the evidence anyway.
She should like a crazy psycho bitch to me.
If Connor were being harassed or libeled, he could have sued Dan or applied for a TRO to stop the harassment. Connor did neither.
Nothing wrong with that. In real court cases, it is standard for the parties to demand that experts detail their testimony in other cases. It is normal to hear testimony in another case in order to get a handle on his biases.
Connor's wife is also a psychologist who participated in the court evaluation. She is also accountable for the evaluation. Besides, her name is Sarah Connor. I would be worried that she might send Terminator robots back from the future to kill me! (Just joking.)
This appears to be the only actual reference to a violent act. However the US Supreme Court has repeated ruled that this sort of comment is free speech, protected by the First Amendment, unless there is much more specific linkage to some criminal act being carried out.
I am not sure how this is any different from Republican congressmen saying that they want to hold the Attorney General account for lying about Operation Fast and Furious. All public officials ought to held accountable.
Such an order would almost certainly be unconstitutional. In California, no one is obliged to obey an unconstitutional order. In most other states, you have to obey a court order until you get it declared unconstitutional. I don't know about Indiana, Dan's state.
This is conviction by profiling. It is another way of saying that if you are unhappy with the court, then you better shut up about it, or you will be lumped in with criminals.
Dan was mainly convicted of "intimidation". I can see where the judge and shrink would not like the web criticism, but that is life in the 21st century. These are truly evil men doing horrible things in an official govt capacity.
I hate to say it, but the fix is in. Dan is going to prison for speaking out about his rights. He is a modern-day political prisoner. Judges close ranks to protect their own, even when they are making bad decisions. The prosecution brief convinces me that they are just as dishonest and corrupt as Dan says they are.
Update: For an example of when you might have to obey an unconstitutional order until it is reversed, see Walker v. Birmingham, 388 US 307 - Supreme Court 1967. But there is an exception for “transparently invalid” court orders.