Editor, Times-Union: This letter is written to give the rest of the story relating to a letter you published on April 3, 2002, from an individual who identified himself as Vic Andrews. In his letter, Mr. Andrews, even though he stated he did not know the dynamics of the case, strongly criticized a suspended sentence handed down by Judge Duane Huffer, and urged voters to vote for Judge Huffer's opponent (who is Deputy Prosecutor Byron Tinkey). The court file of the case (Case Number 43D01-0108-DF-108) is a public record as are all criminal cases. With a little effort Mr. Andrews could have learned more of the facts of this case, if he actually desired to learn the facts, by reviewing the court file and by inquiry to the prosecutor's office.
Sitting judges (as well as candidates for a judgeship) are prohibited by stringent ethical rules enforced by the Indiana Supreme Court from commenting on cases, justifying their decisions in cases and campaigning on promises of action (such as sentences) the candidate would hand down in a case if elected or re-elected. Thus judges and judicial candidates are often unable to defend themselves against unfair criticism and allegations. The silence of a judge or candidate for a judgeship may be wrongly interpreted as giving truth to those unfair criticisms and allegations.
And now (to paraphrase Paul Harvey) "here is the rest of the story" that Vic Andrew did not provide you. The sentence in disposition of this case was imposed pursuant to a plea bargain negotiated between, and agreed to by, the defendant and the prosecutor's office (which is how the vast majority of criminal cases are disposed of in all state and federal courts). The plea bargain was signed on behalf of the prosecutor's office by Deputy Prosecutor Byron Tinkey, who is Judge Huffer's sole opponent in the upcoming Republican primary. Vic Andrew also did not tell you that by statute and before sentencing, a judge is provided with facts and information concerning the crime, the victim and the defendant, in a pre-sentence investigation report from the probation department, which by law is confidential and not public record. A judge thus has pertinent information for his use in imposing a sentence which the legislature prohibits from being made available to the public.
Having practiced law in this county for more than 33 years, I have known both Judge Duane Huffer and Byron Tinkey during all of their years of practice in this county and certainly feel qualified to attest to their high ethical and moral standards, their sense of fairness and their commitment to justice in all of its aspects. I also know that each of them if they were permitted to do so would repudiate the uninformed and unfair accusations and innuendos of the type made by Vic Andrews in his letter.
Stanley E. Pequignot Warsaw
Vote
Editor, Times-Union: Once again our State Legislators chose to thumb their noses at the citizens of Indiana for the sake of politics. This is election year; I urge all voters of Indiana to thumb our noses at them come May 7th and Nov. 7th. There is a large green pasture waiting for them.
Don Slater Claypool via e-mail
Armed Society
Editor, Times-Union: Am I the only one who found Larry Huffer's "Gun Control" letter slightly disjointed? He seems against gun control, so he must be aware of the "more-guns-equals-less-crime" reality that honest studies reveal. The fewer the number of guns in the hands of good citizens, the higher the rate of violent crime. Plain and simple. Even Handgun Control Inc. and Sarah Brady are being forced to admit to that fact these days. If he supports the right of free people to keep and bear arms for the defense of themselves, their loved ones, neighbors, community, state and nation, then he obviously sees that that very relationship of crime rates-versus-gun ownership stands his assertions/concerns in very good stead, indeed. After all, most violent criminals are actually bullies and cowards. The last thing that a violent repeat offender wants is a life-threatening fight on their hands. The only thing that they respect, as Massad Ayoob points out quite correctly, is our ability to retaliate immediately and decisively with superior violence. They want an easy victim to beat up, mug, rape, rob or murder. Not someone who can put them in jail or in a grave instead. They certainly don't respect one's ability to quote the latest "Dear Abby" anti-gun column or the newest "It's for the childrens' sake/We know what's best for you" hogwash from Sarah Brady and her weak-kneed, denial-ridden ilk.
When it comes to guns in the hands of responsible, honest people, it truly is a case of "The more, the merrier!" After all, "An armed society is a polite society."
