Silver Linings Playbook

The Indiana Supreme Court has publicly reprimanded a prosecutor for a Rule 8.2 violation

In 2000, Michael Dean Overstreet was convicted of murder and other charges in Johnson County and sentenced to death. Respondent was one of the deputy prosecutors involved with the case at the trial and sentencing phases. In 2013, this Court authorized the filing of a successive petition for post-conviction relief. The matter initially was before Judge Cynthia Emkes, who presided over Overstreet’s trial and sentencing. However, Judge Emkes filed a notice of recusal, and this Court appointed St. Joseph Superior Court Judge Jane Woodward Miller as special judge to hear the case. Overstreet’s successive PCR petition was litigated in St. Joseph County in 2014, and in November 2014 Judge Miller granted the petition. Respondent, now the elected Johnson County Prosecutor, did not participate in the successive PCR litigation.

After Judge Miller granted the petition, Respondent provided a statement to the Indianapolis Star for public dissemination. In that statement, Respondent indicated he was “suspicious” of the transfer of the case to Judge Miller and then offered as purported support for that suspicion additional commentary that was false, misleading, and inflammatory in nature. In considering the statement itself, and the surrounding circumstances in which it was made, we agree with the hearing officer that the statement attacked Judge Miller’s qualifications or integrity and that Respondent made the statement with reckless disregard as to its truth or falsity.

Indystar reported the ethics charges and the interview that caused the concern

“I was angry and suspicious when this case was sent to a distant judge who is not accountable to the Johnson County citizenry or a grieving mother who couldn’t even afford to drive up for the hearing,” [prosecutor Bradley] Cooper told IndyStar via a text message for a story published Nov. 20, 2014.

“The idea that this convicted rapist murdering monster is too sick to be executed is nothing short of outrageous and is an injustice to the victim, her mother, the jury and the hundreds of people who worked to convict this animal.”

The complaint cites another comment Cooper made the same day to The Associated Press:

“Once this case got shipped to a distant judge who is not beholden to the voters and citizens of Johnson County, it didn’t surprise me that she didn’t want to create the headache for herself by keeping with this case…. I think the idea that this rapist murderer is basically too sick to be executed is ridiculous.”

The comments came after St. Joseph Superior Judge Jane Woodward Miller ruled that Overstreet was not competent to be executed. Overstreet was convicted and sentenced to death in the 1997 murder and rape of Franklin College student Kelly Eckart, 18.

The Indiana Supreme Court transferred the case after Johnson Superior Judge Cynthia Emkes, who presided over Overstreet’s trial, removed herself for health reasons.

The commission claims Cooper’s comments violated a professional conduct rule barring lawyers from making false statements “concerning the qualifications of a judge.”

Reason.com notes that he views his role as”proudly over-crowding our prisons” and had the story of a 2011 incident

In 2011, Cooper—who has been serving as Johnson County prosecutor since 1994—was accused of staking out a local detective’s home in search of a woman he was pining over. Detective Ryan Bartlett reportedly found Cooper and another man parked in a van outside his home. According to the incident report Bartlett filed, Cooper was in the passenger’s seat holding an open beer bottle when Bartlett approached and initially attempted to hide his face. The driver, who turned out to be a suspended police officer facing criminal charges, told Bartlett that he and the prosecutor were searching for a woman who worked at the Sherriff’s [ssic] office and whom they had believed was in Bartlett’s house.

According to Johnson County Sheriff Doug Cox, Cooper—who is married—was thought to be having or attempting to have an affair with the (also-married) woman, whom he allegedly sent text messages and emails to from his work accounts and visited at home. Cooper reportedly said he was “messed up in the head over” the woman and “was having a really difficult time handling it.” The incident was reported to the Indiana Supreme Court Disciplinary Commission but no action was taken.

 (Mike Frisch)