ICE MILLER's reply to library lawsuit: NO DENIAL of facts in the case!

ICE MILLER is not only a key player in the Johnson County Public Library bond issue scandal, they were also hired by the local defendants - JCPL Director Beverly Martin, the JCPL Board of Trustees, & their attorney Brian "BJ" Deppe - to defend them! Rather ironic, and crooked, I think.

ICE MILLER's reply to my summons and complaint (filed March 8) was received on April 27, in the form of a "Motion to Dismiss Complaint" (copy available on request). It's a very strange document. It completely and weirdly misconstrues the issues, and of course challenges my standing, timeliness, integrity, and asks the court to levy harsh sanctions against me. I'm surprised that ICE MILLER didn't also challenge the fact of my birth in Franklin, Indiana, USA. But, the case isn't over yet, so I'm keeping my birth certificate handy, just in case.

What is key here is that ICE MILLER did not, and in fact cannot, challenge the FACTS of the case, as detailed in my Complaint and Exhibits. These facts are based on public records, certified copies of official documents, and correspondence from not only state officials, but also an ICE MILLER attorney who is bond counsel for Johnson County Public Library!

Gov. Daniels, the Indiana Secretary of State, and the Indiana Library & Historical Board are the second set of defendants. The reply to my complaint from the Indiana Attorney General is due MAY 2.

Keep in mind that the final day to vote on Johnson County Public Library's $30 million self-promoted capital project bond issue is MAY 8. I trust that your journalistic judgment and sense of timing are up to the task of informing the voters, at least those who haven't voted early and absentee, before Election Day. Here's a breakdown of the story:

2004: Library director Martin goes to city council, says the library district was established by the city, asks them to approve tax increase she needs to issue bonds for the Trafalgar library. They did so. (I wasn't here at the time.)

2009: Martin & attorney BJ Deppe go to city council to discuss $2 million bond issue, say they're not sure whether they're a city or county district, not sure who can approve bond issue. A week later, same story given to county council. The library was shopping around. But the county played hardball. A week later, back at city council, Deppe says that the city established the library (in 1911), so the city council can approve the bonds. They did so. (I was at all 3 hearings. I videoed Martin, Deppe, Dru Smyth all leaving the last one together. It's on YouTube.)

Two documents, resolutions actually, established JCPL as a county district in 1977. BJ Deppe's signature is on both documents. Both documents are on file with the County Recorder and State Librarian.

So, only the county council could lawfully approve the 2004 and 2009 matters. Deppe knew that. Martin knew that. Ice Miller helped them cover their tracks. State officials said they believed them. But, my legal complaint simply establishes the facts.

ICE MILLER's attorney on this case is Nathaniel Uhl.

The State's attorney on this case is Vanessa L. Voigt.

The complaint is at: http://www.ccjcin.org/moody-v-jcpl.pdf

The exhibits for the complaint are online at: http://www.ccjcin.org/moody-v-jcpl-exhibits.pdf

Audio files (in under-10-minute segments), plus an interesting video which includes Vote YES for Libraries campaign head Dru Smyth, are on YouTube at: http://www.youtube.com/user/djsuxdotcom
(Yes, I'm very critical of the "local paper", as some wags at the Star call them.)

Tons more info including audio files, documents, etc: http://www.ccjcin.org/library.htm

Gary W. Moody

Tagged: Gary W. Moody