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Friday, August 08, 2008

Ind. Courts - "Attorney Michael 'Mick' Alexander seeks delay of trial, new judge"

So reads the headline to this story today by Douglas Walker in the Muncie Star-Press. Some quotes:

Former Delaware County Prosecutor Michael J. "Mick" Alexander wants his upcoming trial on a conspiracy-to-commit-bribery charge postponed.

He also wants a new judge.

In a document filed Wednesday, Alexander alleged Special Judge Brian Hutchison of Jay County should be disqualified because he "unfairly attacked the integrity" of Alexander's defense attorney, Donald McClellan, last year when he sentenced McClellan to 30 days in jail.

Alexander's motion was accompanied by a transcript of a Randolph Superior Court hearing on Oct. 18, 2007, in which McClellan, convicted of possession of cocaine and public intoxication, received a one-year sentence with all but 30 days suspended.

During the 2007 hearing, Hutchison -- also serving as special judge in that case -- expressed reservations about a sentencing option of having McClellan provide 240 hours of free legal service to the needy in lieu of going to jail.

"I think it is problematic because you would be the one accounting for your hours," the judge told McClellan, whose convictions stemmed from a July 2006 arrest along Ind. 28 in northern Randolph County.

Alexander -- who was McClellan's attorney in the Randolph County case -- contended a plea agreement left it up to McClellan whether to perform the community service or serve the 30-day jail term.

"I have a serious problem with allowing a defendant to choose the sentence in a criminal proceeding," Hutchison said, ordering the attorney to serve the 30-day sentence.

In the pending Delaware County case, McClellan and Alexander have exchanged roles as defense attorney and defendant, respectively.

Alexander's trial -- based on that allegations he, private investigator Jeff Hinds and a client conspired to bribe witnesses in a criminal case -- is set for Aug. 20.

Here is an earlier ILB entry, from May 22nd.

Posted by Marcia Oddi on August 8, 2008 09:29 AM
Posted to Indiana Courts