Comments on Advance Indiana™: Fort Wayne Attorney Arrested For Threatening To "Anal Rape" Client's Ex-Husband

Oh he will get a vacation, I'm sure. He was...

2014-05-13T14:50:00.714-05:00

Oh he will get a vacation, I'm sure. He was stupid to do that. But it wasn't a literal physical threat. It was a figure of speech. "I'm going to kick ass in court". Is that a threat? Of course not.

The bottom line is that he was sending a threateni...

2014-05-13T14:22:27.940-05:00

The bottom line is that he was sending a threatening message to the complaining victim in a pending criminal matter. Any attorney should know that it is improper to contact a witness for the opposing side for the purpose of communicating a threat. That's witness tampering if nothing else.

It's a figure of speech, not meant literally. ...

2014-05-13T14:14:19.222-05:00

It's a figure of speech, not meant literally. Like saying "i'm going to tear your skin off in cross examination" Is that a physical threat? Of course not.

The Commission may wait for the criminal case to b...

2014-05-12T14:13:27.421-05:00

The Commission may wait for the criminal case to be concluded, but I would be shocked if he isn't at least subject to a public reprimand even if the criminal charges are later dismissed or he's acquitted. I think any argument that threatening on a social media website to "anal rape" an opposing party is protected free speech goes nowhere with the Commission. How is "anal rape" not a physical threat?

It's obviously an outrageous, over-the-top com...

2014-05-12T11:41:13.480-05:00

It's obviously an outrageous, over-the-top comment. But that's actually what might cause it to be protected speech, at least from any criminal action. I highly doubt he intended his comments to be taken literally, but rather as hyperbole. As such, to say it is a physical threat is a bit of a reach. After Brewington, it's clear it probably has to be a physical threat to convict someone under the intimidation statute.

Not the brightest bulb in the legal profession, ap...

2014-05-12T11:03:52.860-05:00

Not the brightest bulb in the legal profession, apparently.

Anti-violence counseling + 6 months to 2 years sus...

2014-05-12T10:49:39.338-05:00

Anti-violence counseling + 6 months
to 2 years suspension + monitoring?

If he was drinking when he made his post and is now remorseful, maybe less on the sanctions.

I doubt the disciplinary commission will be in a h...

2014-05-12T00:19:17.203-05:00

I doubt the disciplinary commission will be in a hurry to disbar him since he didn't threaten a judge