It’s the biggest local mystery in years. Who recorded, leaked and uploaded a complete audio recording of a hearing in a Marion County Superior Court? That’s a question that judicial officials are investigating after Praiseindy.com discovered that the complete audio of a hearing held in Marion Superior Court 14 on October 22, 2012 had been posted on You Tube on November 1st.
Speculation is that one of or more of the plaintiffs involved in a case trying to erase President Barack Obama’s name off Indiana’s election ballot may have been responsible for illegally posting the audio on line.
Making public audio recordings of local court proceedings in Indiana violates Indiana judicial rules. Audio recordings of Indiana Supreme, Appellate and Tax Court hearings and trials can be made public, but only with the express approval of those courts. Local court proceedings are not to be made broadcast or posted on line.
Earlier this year a lawsuit was brought by so-called “birthers”; individuals who mistakenly believe that President Barack Obama wasn’t born in the United States and that an elaborate conspiracy and fraud has occurred.
Dr. Orly Taitz, a California attorney who is one of the most notorious and outspoken of these birthers, filed suit against Indiana Secretary of State Connie Lawson, the Indiana Election Commission and two Deputy Indiana Attorney general charging them with various alleged crimes to keep the President illegally on the ballot. Taitz and the plaintiffs demanded an injunction to take President Obama’s name off Indiana ballots.
Also, in her lawsuit, Taitz and the plaintiffs sued WTLC-AM1310 Radio and talk show host Amos Brown, not for keeping the President’s name off the ballot, but for reporting on an incident where Taitz’, under an assumed name, called into the Afternoons with Amos program in May.
In late September, Marion Superior Court Judge S.K. Reid ordered that a hearing be held to determine if Taitz and the other plaintiffs had any case to be adjudicated. That led to the hearing October 22nd.
Audio of that hearing was uploaded to You Tube on November 1st by someone identifying themselves as “jdirt100”. No other information about that individual is contained on You Tube. Indiana media are forbidden under Indiana law to air audio (or video) of an Indiana court proceeding that wasn’t authorized by that court. Further we aren’t allowed to post the link to that audio.
Members of the Indiana Attorney General’s office who defended the charges in this case won a sweeping victory on October 30th when Judge Reid sided with the defendants and dismissed Taitz and the plaintiff’s case. Judge Reid also issued an order that all evidence introduced during the October 22nd hearing be “stricken”.
Superior Court officials and the Indiana Judicial Qualifications Commission are investigating who might have made the audio recording and uploaded it to You Tube. Chances that it was personnel in Judge Reid’s court or members of the defense are very slim as that would be strict violation of Indiana court rules and would result in individuals being fired and possibly losing their licenses to practice law.
Speculation is that someone on the Plaintiff’s side, or a court spectator, surreptitiously recorded the hearing and posted the audio online against Indiana rules and law.