State Form 46656 (R10/ 7-07)

Notification of Sex and Violent Offender Registration Responsibllities and Other Duties

*This agency Is requesting the disclosure of
record cannot be processed without It.

‘your Soclal Security Number in accordance with IG 11-8-8, Disclosure Is mandatory; this

Full Name of Offender (first, middle, last,
and suffix)

Date, Barn

*, Please check ong item in exGh row:
7 :

A isthe offender requred to reglter tinder 16 4 a

+ | 1G 36-38-1-7.5- 7

p| isthe offender a sexually
°

s

6 isthe offender an offender agatiist chil
BARAAIP

eo

ae

‘DOC Number (if applicable) Did the offender successfully complate the Indiana Yes Enler Date
Department of Correction's Sex and Violent Offender oO ompre'
456 INS Registration Course?
Social Security Number Date of Birth Fal Number
Y-lo-ay
Cause # IC Code (or out-of-state coda) Felony Level
edt at tr bs faa Parole Probajion ecicTP ‘Other
eesti] “Se a 5
Release Date (walkout date) jext Registration Date *y°End Registration Datei” FeAN" ©
. Ss Aye ity a: 4 ott
0-19-04 - ! 8 be Bade SUE :

Rata CA a RT
oe se So alt
Residence | Street Address State Zip Code
x 1O41 Nay. G,Qeh #4 Bren 2d =N Yeq20
Work Street Address City ‘State ‘Zip Code
‘School ‘Streat Address City State Zip Cade

(have read of have had read to me the Information contained in *Sex and Violent Offender Registration Responsibilities and Other
Dutles". By my signature, | acknowledge that | have recelved a copy af this information and that { understand my registration duties and
obligations under IC 11-8-8, IC 36-42-4-10, and IC 35-42-4-11 and other correspanding indiana Statutes,

Signature of offender

Printed name of offender

Jeb “Browal

BOC number

4So0S”

Date (month, day, year)

alia

th above offender was orally Informed and provided a copy of the Information contained In “Sex and Violent
lon Responsibilities and Other Dutles",

EXHIBIT.
wr:_ B20
DATE:_2.-2.0~I77

Kristin J, Nichols, CSR, RPR

‘Signature of witness Printed name of witness Title ENTE Date (month, day, year)
, as REA 4
Necks N2a00 Nickle Hafselt SSPEscAtrsT 219-07

NOBLE CO SHERIFF 0140


7a
13,

uM

15,

16.

17.

18.

19.

20,

T£you are a Soxually Violent Predator who will be away from your principal address for more than 72 hours you must

inform the Sheriff's Department, IN PERSON, of the following:
(1) That you will be absent from your principal residence for more than seventy-two (72) hours,
(2) The location where you will be located during the absence from. your principal residence, The longth of time you will
be absent fiom your principal residence, AND; notify the looal law enforcement authority in the visited county IN
PERSON, of the following:
(1) That you will spend more than seventy-two (72) hours in the county,
(2) The location where you will be located while spending time in the county.
3) The length of time you will remain in the county,
Upon request of the local law enforcement authority of the visited county, you shall provide the local law enforcement
authority with any additional information that will assist the local law enforcement authority in determining your
whereabouts during your stay in the county.
(Seo IC 11-8-8-18)
Ifyou are a Sexually Violent Predator or an Offender Against Children, you are prohibited from residing within one
thousand (1,000) feet of
(A) school property; not including property of an institution providing post secondary education;
(B) a youth program center; or
(C\apublic park, (Sce IC 35-42-4-11)
Ifyou are a Sexually Violent Predator or an Offender Against Children, you CANNOT establish a residence within one
(1) mile of the residence of the victim of your sex offense. (See IC 35-42-4-11)
Ifyou are a Sexually Violent Predator or an. Offender Against Children you CANNOT work for pay or as a volunteer:
(1) on school property;
(2) ata youth program center; or
(3) ata public park, (See IC 35-42-4-10)
‘You commit a felony if you knowingly or intentionally:
(1) fail to register;
(2) fail to register in every location where you are required to register;
i(3) make a material misstatement or omission while registering as a sex or violent offender; or
*(4) fail to register in person as required under 11-8-8; or
(5) do not reside at your registered address;
Itis not a defense to a prosecution under this section that you were unable to pay the sex or violent offender ‘registration fee or
the sex or violent offender address change fee described under IC 36-2-13-5.6,
(See IC 11-8-8-17)
‘You must register for life if:
1. You were convicted oft
2) A.sex or violent offense committed when you were 18 years of age or older against a victim who was less than 12 years
old at the time of the orlme; or
6) Asx or violent offense in which you:
1, Proximately caused serious bodily injury or death to the victim; or
2. ‘Used force or the threat of force against the victim or a member of the victim's fumily unless the
offense is Sexual Battery as a class D Felony; or
3, Rendered the victim unconscious or otherwise incapable of giving voluntary consent.
2, You are found to be a Sexually Violent Predator under 1.C, 35-38-1-7.5; or
3, You have been convicted of two or more unrelated offenses under IC 11-8-8-5(a). (See IC 11-8-8-19)
‘Ifyou are a Sexually Violent Predator, Offender Against Children, have been convicted of. ‘Possession of Child Pornography,
Vicarious Sexual Gratification, Performing Sexuel Conduct in the Presence of a Minor, or meet the conditions in IC 35-42-4-12,
you CANNOT use any social networking web site, instant messaging, or chat room program; that allows a person who is less
than eighteen (18) years of age to access oruse the web site or program. (See IC 35-42-4-12)
Under Federal law, the Adam Walsh Child Protection and Safety Aot of 2006, 18 United States Code 2250, if you travel to
another state and fail to register as required, you are also subject to federal prosecution that carries penalties of fine and/or
imprisonment up to 10 years, Ifyou visit, live, work, volunteer, own real estate, or attend school in any other state, itis your
responsibility to obey BOTH the federal law and the laws of that state,
Lattest that | understand my duties and obligations as listed above J so dated 7% l VU, be

Revislon 2 August 2012

6

NOBLE CO SHERIFF 0079



Page 50

When Jim Abbs represented me in the case I filed a case
against him saying he violated my rights representing me,
but they dismissed it. But I tried to file it in Allen

County against Jim Abbs.

5 Q In State Court or Federal Court?

6 A Federal. It was the chief public defender's office. Jim

7 Abbs here.

8 Q Was that because of a representation in the sex

9 registration case or something else?
10 A No, that was something else, but I did write Mr. Abbs a
11 letter about Howard Hanson. And | made a public record to
12 Judge Kirsch that Howard Hanson should not be allowed to
13 represent my wife ina case, When they said, "Why not?"

Rene

14 I said, "Because I will probably have a lawsuit

15 against Mr. Hanson for the sex offender registration case.
16 And the judge tells me, "No, that's done, over with,
17 Mr. Brown. That's long gone."

18 "No, Your Honor, that will never be over. That was
19 three and-a-half years of my life. That will never be

20 over."

21 He said, "Well, that's not what we're here to

22 discuss today, Mr. Brown."

23 Q Any other lawsuits or claims that relate to your legal
24 representation or your arrests and convictions?
25 A No, sit.

Page 52

1 convictions, or are there additional things you want to

2 tell us about?

3 A About the damages that | feel I received?

4 Q Yes. Not asking about monetary ones. I think we talked

5 about that, But any other type of damage, or harm, or

6 injury you are claiming?

7 A No. Just psychological was awful not being able to be

8 around my children and my grandson. The psych doctor even
9 told me, he said, "| know your parole officer. He is a
10 good guy. How can | tell you this?" He leaned back,
11 "Without me telling you to break the law, how can I tell
12 you this?” He goes, "A man's got to do what a man's got to.
13 do."

14 Because I was crying in his office about it. I was

15 real close to my children. I still am even, So that was

16 the hardest part, with my children and being away from my
17 grandson. I'm sorry.

18 Q That was what the parole officer told you when you first

19 got out in 20097
20 A Yes, that I couldn't be around my children. And my
21 ~~ daughter was 4 when I left. She was 17, And she needed me
22 the most because 1 wasn't in her life. And then I couldn't

23 be around her then.

24 Q That was the parole officer through Allen County you are
25 talking about?

Page 51
1 Q Did anything, any other untoward events happen to you when
2 you were in prison between 2012 and 2015 when you were
3. serving the sentence on the first conviction for failure to
4 register?
5 A. Multiple fights, if you are talking that.
6 Q Did you sustain any injuries as a result of them that
7 required medical care?
8 A. You have to keep those hid or you will make your time that
9 much harder.
10 Q So whatever injuries you sustained you just bore the brunt
11 of them and moved on?
12 A Absolutely.
13 Q They weren't serious enough that required hospitalization?
14 A_ No, sir, not the ones from 2012.
15 Q To 2015?
16 A When I got stabbed I went to an outside hospital in
17 Michigan City.
18 Q Mr. Brown, have you told us now everything that you
19 remember about the events that I've taken you through from
20 your release in 2009 to the vacating of your convictions in
21 2016 that deal with the sex registration requirement
22 issues?
23 A Yes, sir.
24 Q Have we discussed the various types of damages that you are

25 claiming resulted from the alleged wrongful arrest and

Page 53
1 A Yes, sir. Any other damage? Just psychological stuff.
2 Well, I got kicked out of the house and didn't have a place
3. tolive, That was wrong. [told him, He didn't care, the
4 landlord. Just the prejudice. Not being able to work
5 here. Not being able to live there. That was crazy.
6 Q Did you have any psychological care or treatment when you
7 were at the State facilities between 2012 and 2015? So
8 after your first arrest?
9A Yes, did.
10 Q Where was that? Where did you have that treatment?
11 A. TYC in New Castle.
12 Q Sof we got the records they would have records of that?
IBA
14Q
ISA
16Q
ITA
18Q
19 the first time?
20 A No, I did not.
21 Q So when did you first start to take those medications?
22 A When got out. They told me that I couldn't be around my
23 kids and stuff. I was under severe stress. Wait. Wait.
24 Q Just to clarify, that would be in 2009 when you first
25 started those medications?

Yes, sir. 1 went to see a psych doctor for sure.

‘Were you on any kind of medication during that time?

Yes.

Antidepressant? Anxiety?

Yes, Both.

Had you taken those medications when you were incarcerated

14 (Pages 50 - 53)

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IC 11-8-8-8 (a) (7) N) A

Electronic Chat Room User Name:

. Electronic Mail Address:

Instant Messaging Usemame:,

Social Networking Web Site Username:

NOBLE CO SHERIFF 0105


Page 14
1 A. Maybe two or three days in advance, because you don't know
2. for sure, Because in prison they let you out sometimes on
3 Mondays or Thursdays, whatever is convenient for them.
4 Q Isit fair to say you knew it was going to be sometime
5 around then at least?
6A Yes, sir.
7 Q So leading up to that point in time did you have any
8 conversations with any State correctional employees about
9 what the circumstances or requirements would be upon your
10 being released from prison?
11 A Yes, sir.
12 Q Explain to me how that process worked as you best remember.
13. Who did you talk to? What did they talk to you about?
14 That sort of thing.
15 A_ I don't know the person's name, but they have a pre-release
16 class, And that's where they were releasing most anyone
17 with a sex offender case from that prison. And they were
18 telling me that [ would have to register for life.

Page 16
1 Q So this is a one-page document and it's got your signature
2 near the bottom, correct?
3A Yes.
4 Q Ithas a date of February 19th of 2009, right? Is that
5 what it says?
6 A. What amemory.
7 Q So you believe that was the date you actually were
8 released?
9 A. Itwas real close to that, obviously. Release date, Walk
10 outdate. February 19th, 2009.
11 Q Now, the information at the top of the form on the page, it
12 has your name, correct?
13 A Yes, sir.
14 Q And then next to that it has an item. It says, "How long
15 isthe offender required to register?” And there's an X
16
17 before, correct?
18 A Yes, sir.

there for life. That was the issue you talked about

5 Q So were you informed by someone, some State employee, that
6 — you were subject to those requirements at that time?
7A. They would have to have been a State employee, I'm
8 guessing.
9 Q They told you that you would have to register. And the
10 only question in your mind was whether it should be for
L1 life or some shorter period of time?

12 A Yes.
13 (Defendants' Exhibit A
14 marked for identification.)

15 Q I'llshow you a document I did get from the State and see

16 if this refreshes your memory about some of this. This is
17 marked as Exhibit A. Defendants' Exhibit A. Take a look,
18 if you would. Have you seen that document before?

19 A Yes, that's my signature.

20 MR. MYERS: Do you have copies?

21 MR. KEEN: Yeah, [have this one here. It's

2 actually one of the documents we have given you in
23 the disclosures.

24 MR. MYERS: Yeah, [just want a fall set.

25 Maybe I can get them from you afterwards.

19 I wrote the judge and said, "I shouldn't have to 19 Q Then down at the bottom it has this person's name, Vickie
20 register at all.” 20 Halsell, H-a-l-s-e-I-l. It says re-entry specialist. She
21 And the Judge Robert Kirsch wrote me back and 21 apparently is a State employee; is that your understanding?
22 checked into it which, good judge, said, "I'm sorry, 22 A Ican'teven recall what she looks like or anything about
23 Mr, Brown, | think you only have to.register for ten 23 her, sir.
24 years." Should be a copy of his letter somewhere. 24 Q But this form was completed at New Castle at the State
25 Q But there was an actual class that the prison facility put 25 facility?
Page 15 Page 17
1 on for you and others at that point? LA Yes, sir.
2A Yes, sir. 2 Q Based upon your receipt of this form were you of the
3. Q To explain the sex registry requirements? 3 understanding that upon your release you had to register as
4A Yes, sir, 4 asex offender?

5A Yes, sir.

6 Q And you would be subject to all the requirements of the

7 statute?

8 A Yes, sir.

9 Q Is that one of the things the classes went over to sort of
10 tell you all the things you would have to do to comply?
11 A Yes, sir, But if you got parole there's different sex
12 offender rules. And if you had probation there's different
13 ules.
14 Q So you were getting out it says on parole and probation?
15 A Yes.

16 Q That's what the form says; is that right?
17 A That's correct. But the probation department dropped it
18 and said just follow the parole rules.

19 Q Which probation department dropped it?
20 A Noble County Probationary Department.
21 Q Atsome later time after you were released?
22 A As soonas I was released I contacted them immediately.
23 Q At that point in time in February of 2009 was it your
24 intention to return to Noble County?

25 A Yes.

5 (Pages 14 - 17)

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rpms aeecre ni 2: eee :

Next of Kin: Name_Rohert Bow) Phone (Quo) _¢f4~ 37%
Address 121 Hwy & Qgt #4 City Brinker StateLy, Zip_we7oy
Relationship Fathey

List addresses of any real estate you ra in Indiana:
ALL

| Are you currently on Parole, Probation, Home Detention, Re-entry, or other program?

Barole (explain)
Name of your Parole, Probation Officer, or Supervising Agent _ 2. Hart man
Telephone # di@(2bo_) WY ~2p4¢ Probation County _w/A

Parole / Probation End date__9/s- /1¥

Parole / Probation Start date_ 4/52. |

OFFICE USE ONLY:
Sexually Violent Predator? Yes orf) Offender Against Children? Yes orto)

Violent Offender? Yes or M0) Internet Restrictions? Yes or 0)
(IC 35-42-4-12)

Lifetioe Offender (non exp)? Yes or/No) or Date registration expires: _/Oyes !

(Use this section if move space is needed for email addresses, vehicles, employers etc...)

Lattest that the Information that ! have provided and listed above
fs accurate and complete to the hest of my knowledge _{% _sodated Suet, 7, 202

4 Reviston 2 August 2012

NOBLE CO SHERIFF 0077


Noble County Sheriff's Department
_ Sex and Violent Offender Regisration
IG 11-8-8-7 & IG 11-8-8-5

WA New County Registrant ‘ Employment Registrant

Change of Information . Annual Update

Registrant Information

Name: RowAl CFF, 15 Tf .

(Last) (First) (Middle) (Suffix)
Alias/Nioknamet TT
Current Physical Address: - 241 ow wy fo Chad, ef

Be mricid EN, v L720

Gily) (State) (Zip Code)
Malling Address (ifdfferent from the physloal address): __ Joo bu) Fc tle dal evtliidle Lat 4698
Phone#iContact#:; _260~ 88d - 3784

(Home) (Cell)
DOB: i} fay SSN: ;

Driver's License #: MN, / AL State: Expiration:

7
Gender: Mabe Heloht Gt Weight: 2/5 Eye Color; Bow)
Hair Golo Cow Hair Length; Sha@T Bull Ay Complexion: "Faw

Facial Halr ie tr sescrpton Mus tothe _

Right/Left Handed or Ambidextrous: ki 2g ht

0
Glasses/Contaate: ¥, [4 Religious Preference: A/ //t-
(Speelly If you wear glasses all the tine or for reading/driving only.)

Scars/Marks/Tattoos : Lott Vile. SA “a

(Locetion/Description)

Health Problems/Prescription Medications: mY ove

State of Birth: K / Clty of Birth: Mohawell

Can you read, write and speak English? Yes/No

Keistin a. Nichols, CSR, RPR

NOBLE CO SHERIFF 0102


HEIGHT — WEIGHT
fot 63 230 MALE: .
. ‘ HAIR COLOR RAGE
+3 tO BROWN WHITE

NOBLE CO SHERIFF 0108



Vehicle Information

(The NCSD must have a copy of your vehicle registration. If you are driving the vehicle today, please give your registration to the
office deputy so that a copy can be made. Ifyou are able to provide a registratlon today, you may skip the remainder of this
section. Ifyou do not have the registration with you, please complete the Information below.)

Make: Model: Year: Color:
Body Style: Plate #: Plate State: oe
. Next of Kin
Name: TREVOR Bk own Plione #: Syoy- 5a4- 24/S-
Address: 3576 Ae Borhee A» 4656 2.
cory (Stats) (ip Code)
SSN; ___. Relationship to You: Saal
Additional
Employment Information
Employer: 3 Ummetry Abibacon Coato,
*’(Gompany Name) (Supervisor's Nayte)
Employer Address: a Wat oad ‘ st
PaaS if bSsye- Kos tiiuskn
(Clyy (Stale) ai (County) .
- 70 Thad She
Employer Phone #: $7 U-267- HE opays Working: LO — 100 gin

Work Performed:

flochinis’

(Description)

Please use the back of this sheet for any additional information.

NOBLE CO SHERIFF 0104


2,

5

6

10,

1

12,

AS A CONVICTED SEX OR VIOLENT OFFENDER YOU ARE REQUIRED TO DO THE FOLLOWING:

You must provide the following information: Your name, any name or alias you have been known by, date of birth, sex,
race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, driver's license number or
state identification card number, vehicle description and vehicle plate number for any vehicle that you own or operate on a
regular basis, principal residence address, other addvess where you spend more than seven (7) nights ina fourteen (14) day
period, mailing address if different from your principal residence address, the name and address of each of your employers
in Indiana, the name and address of each campus or location where you ate enrolled in school in Indiana, any electronic
mail address, instant messaging usemame, electronic chat room username, or social networking web site username that
you use or intend to use, (Seo IC 11-8-8-8)

‘You must register your “principal address” with the Sheriff's Depactment in the county in which you will be residing. You
must also register any other address where you spend more than 7 nights in a 14 day period. ‘This roust be done within 7
days of your release from custody. If you are designated a Sexually Violent Predator you must register within 3 days of
your release from custody. (See IC 11-8-8-8) .

“principal address” means the address where you spend the most time, (See IC 11-8-8-3)

Ifyou work, volunteer, attend school, or own real estate ina county different from where you live, you must register IN-
PERSON in each county where you own zeal estate, work, volunteer, or go to school, This must be dono within 3 days of
arriving in that county or counties, (See IC 11-8-8-7)

Ié you cbange your principal address, place of employment, or place of schooling, or ifyou change or obtain a new email
address or internet username, you must report IN-PERSON to each Sheriff's Department. having jurisdiction over those
addresses within 3 days of any change in address, employment, or schooling,

(See IC 11-8-8-11)

‘You must have and keep with you a valid driver’s license or state issued identification card from your state of residence.
(See IC 11-8-8-15)

Ifyou live at a temporary residence such as a homeless shelter, a group home, or a halfway house, or if you are homeless
you must register IN-PERSON to the sheriff's department at least once every 7 days until you find a permanent ‘residence.
(See IC 11-8-8-12)

Ifyou aro planning on moving to a different Indiana county or to another state you must report LN PERSON to the local
sheriff's department AND register with the new Indiana county of residence within 3 days of the address change. If you
move to anew state, itis your responsibility to obey the laws of the new state. (See. IC 11-8-8-11)

‘You are required to register IN-PERSON af least once per: year with the SherifP's Department in each county where you
are required to register. Sexually Violent Predators are required to register IN PIERSON every 90 days and they must
register for LIFB, There are two types of registration. periods, ten-year registration and lifetime registrations, The
registration period starts the day you are released fiom incarceration, or placed in a community transition program, a
community corrections program, or placed on parole or probation, whichever ocours last, A person who is required to
register as a sox or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the
period described in this section, whichever is longer. (Seo IC 11-8-8-14 and IC 11-8-8-19)

Ifyou aro visiting or vacationing in a different location for more than 7 days you should inform the Sheriff's Department
in your county of residence AND you must report IN PERSON to the Sheriff's Department in the county which you will
be visiting, (See IC 11-8-8-7)

‘The Sheriff's Department is required to personally visit your principal address at least once per year, or once every 90
days if you have been designated a Sexually Violent Predator, (See IC 11-8-8-13)

Ifyou ate a Sexually Violent Predator you are required to register IN-PERSON at least once every 90 days with the
Sheriff’s Department in each county where you are required to register. You must register for LIF.
(See IC 11-8-8-14, a Sexually Violent Predator is defined in IC 35-38-1-7.5)

lattest that | understand my duties and obligations as listed above, | iC) so dated a/ ww sb 2.

Reviston 2 August 2012

5

NOBLE CO SHERIFF 0078


Page 66 Page 68
1 IN THE UNITED STATES DISCTRICT COURT 1 Veritext Legal Solutions
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sm) Cue. t6evens7-WeL-SLC i 017
6 DEPUTY KYLEMARTMAN, —) 5 To: Christopher C. Myers, Esq,
7 DET SHAUN DUNABIN, 6 Case Name: Jeffrey Brown v. Dunafin, Et Al
SHERIGE DOUGLAS A. HARP. 7 Veritext Reference Number: 2533499
8 Defendants.) 8 Witness: Joffrey §. Brown Deposition Date: 2/20/2017
° JEFFREY SCOTT BROWN ° m
10 Dear Sir:
1 ereby acknowledge that Ihave read the foregoing 10
11 poston ttre eating ie cae of Brown v Enclosed please find a deposition transcript. Please have the witness
b 11 review the transcript and note any changes or corrections on the
y_Hattmanet sl ken Monday, February 20,2017, and included errata sheet, indicating the page, line number, change, and
thatthe same isa true and correct nnstiption of the 12 the reason for the change, Have the witness’ signature a the bottom
‘4 of the shect notarized except in California where they are signing
ps MNer ven hy moto the questions propounded exceet 13. under penalty of perjury and forward the errata sheet back to us at
for the additions or changes, if any, as noted on the the address shown above.
6 attached errata sheet. 14
"7 15
"8 16 If the jurat is not retumed within thirty days of your receipt of
9 JEFFREY SCOTT BROWN 17 thet the reading and signing willbe ened waved.
Subscribed and swom tome this 18
20 ‘9
dayof__
a 20 Sincerely,
20__,AD. 2
2
22 Production Department
2 Notary Public or Witness 2
“ Cnty 24 Enel.
25 Commission Expire 25 Ce: Robert T. Keen, Esq.
Page 67
1 ERRATA SHEET
VERITEXT LEGAL SOLUTIONS
2 800-567-8658
ASSIGNMENT NO. 2533499
3 CASE NAME: Jeffrey Brown v. Dunafin, Et Al
4 DATE OF DEPOSITION: 2/20/2017
WITNESS' NAME: Jeffrey S. Brown
5
6 PAGE/LINE(S) CHANGE REASON
7 L / /
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16 / / /
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18 / / /
19 / / /
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21 / / /
22 / / /
23 / / i
24 / / /
25

18 (Pages 66 - 68)

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Page 34
fetonies for failure to comply with reporting requirements?

2 A The officer arresting, Officer Deputy Kyle Hartman, went to

the house I was living at prior, past Lisle Street I went
to Riley Street. Should be an updated thing there.

‘Then I come over here to see Wanda. | told her
about it. I only had a paper ID because you have to get a
new license every time you move. So they gave me a paper
JD. 1 came over here and showed it to Miss Truelove.

She said,
license in the mail because you will have to come back over
here and show me that.”

In the meantime an officer went to the other house
where | used to live on Riley Street, here itis. And my
friend that | lived there with called me and said, "An

“Lwill give you 30 days to get your hard

officer was here checking on you."
I said, "What for?"
So I got the gentleman's name. I called over here.
Called him immediately and reported everything to him, And

he asked me to meet him over here at the jail with all my
information. And | beat him to the jail with it from
Kendallville.

Q Who did you meet with that year?

Page 36
1 Q Again did it come up at any point in time during this
2. process until the point you pled guilty and were sentenced
3. that you maybe shouldn't be subject to the requirements?
4 A No, sir.
5 Q What was the sentence you received at that point?
6 A 30-months home detention.
7 Q Why were you still remaining incarcerated at the jail after
8 that then?
9 A. I wasn't when I was sentenced. I got sentenced to house
10 arrest.
11 Q So you weren't at the jail then at that point?
12 A. Iwas fora moment. Then I bonded out.
13 Q Yeah, I'm going to show you, you wrote some letters to
14 various people. And I thought they were from the jail.
15 Were you out on home arrest then?
16 A. 1was out on house arrest for the sentence, Then they come
17 to the house and found drug paraphernalia that my wife had.
18 And they brought me back to the jail, Then when | was here
19 I got on the law library and was looking up the sex
20 offender registry again that I shouldn't even be registered
21 atall and found it.
22 Q Do you remember the date you were released on house arrest

16
7
18
19
20
21
22
23
24
25

23 A. Detective Kyle Hartman. 23. and when you were brought back?
24 Q Was that before or after the warrant had been issued for 24 A. I'm guessing right around January 22nd on house arrest of
25 your arrest? 25° 2018.
Page 35 Page 37
1 A. That was before. 1 Q When did you return to the jail then on the drug
2 Q But then at some point after that the court still issued a 2 paraphernalia charge?
3. warrant for your arrest for violation of the registration 3A That's 2016. I'm sorry.
4 — requirements? 4.Q Yes. 2016.
5A. Approximately a week later. 5 A About 45 days later approximately,
6 Q And you were arrested on that warrant, correct? 6 (Defendants' Exhibit H
7A Yes,sir. 7 marked for identification.)
8 Q You were incarcerated in the Noble County Jail beginning 8 Q This is Exhibit H. Looks like it's letter from you dated
9 what date; do you remember? You have been so good with the | 9 March 2nd to Detective Dunafin, See that?
10 other dates. 10 A Yes, sir.
11 A Nowyou stumped me. Let me think here. I'd say right 11 Q This is a letter you wrote of that date, correct?
12. around September 6th again. 12. A Yes, sir.
13 Q Of20157 13 Q Were you in the Noble County Jail then?
14 A Yes, sir. 14 A Yes, sir, Iwas.
15 Q And were you appointed an attorney or did you hire one? 15 Q What was the purpose of this letter?

A. [hired one this time.

Q Who was that?

A Richard Thonert.

Q T-h-o-n-e-rt, Eventually you pled guilty to those
charges?

A Yes, sir,

Q For failure to register as a sex offender, right?

A Yes, with great trepidation again.

Q That was here in Noble County?

A Yes, sir.

16 A To correct a blatant wrong that they done to me,
17 Q So this was after you did this legal research yourself

18 about the registration requirements?

19 A Yes, sir.

20 Q Is that the first time that you had any understanding that

21 maybe you shouldn't have been subject to the requirements?
22: A Yes, sir.

23 Q Is that the first time anyone told you that?

24 A. Absolutely. Nobody told me, 1 figured it out myself.

25 Q None’of the State officials told you?

10 (Pages 34 - 37)

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List ALL vehicles you own or may drive (Including employment vehicles)

Vehicle #1 Make 0. OD Model BeavAbé_ Body Style_Suv ;
Color Davie ane Year 2200 Plate 7754/0 Plate Type___ Expiration Date State ty
VIN#_1G@npt 13we ¥ 22 p273 | Registered Owner_TegnT Reowe ff
Vehicle #2 Make Model Body Style

Color. Year Plate Plate Type Expiration Date State

VIN # Registered Owner

Vehicle #3 Make Model Body Style

Color. Year Plate Plate Type Expiration Date State

VIN # Registered Owner.

Vehicle #4 Make Model Body Style

Color. Year Plate Plate Type Expiration Date State__

Registered Owner,

INDIANA

(OFFICE USE ONLY)
Rape (35-42-4-1)
Criminal Deviate Conduct (35-42-4-2)
Child Molesting (35-42-4-3)
Child Exploitation (35-42-4-4)

‘Vicarious Sexual Gratification (35-42-4-5)

Performing sexual conduct in the presence of a minor (35-42-4-5) (©) 1

Child Solicitation (IC-35-42-4-6)

Child Seduction (35-42-4-7)

Sexual Misconduct with a Minor (35-42-4-9) Class A, B, C Felony

Incest (35-46-1-3)

Sexual Battery (35-42-4-8)

Kidnapping (35-42-3-2) (if viotim is less than eighteen (18) years of age)

Criminal Confinement (35-42-3-3) (if victim is less than eighteen (18) years of age)

Possession of Child Pornography (IC 35-42-4-4 (c)

Promoting Prostitution (IC 35-45-4-4)

Promotion of human trafficking (IC 35-42-3,5-1 (9) (2) (if victim is less than eighteen (18) years of age)

Sexual Trafficking of a minor (IC -35-42-3.5-1 (b)

Human Trafficking (IC 35-42-3,5-1 (¢) (3) if the victim is less than eighteen (18) years of age.

Murder (IC 35-42-1-1)

Voluntary manslaughter (IC 35-42-1-3)

Attempt or Conspiracy to commit any of above (select this box and applicable charge above.
i.e. Attempted Rape. Attempted Murder ete...)

Juvenile Adjudication for any of above and found likely to re-offend

Db ogoooo0ooooosoo000000000

Committed date Conviction Date Release Date
Conviction State_ Lx. Conviction County_iKoseiu. sk Court_Supenro
Cause Number Y3b01 400?<¢¢-o00227 NCIC Code,

Sentence | ¥ months ‘Served __4 months Felony level__})

VICTIM INFORMATION:

Child: Yes or Elderly: Yes or pisos: Yes

‘Your relationship to the victim at the ne | wi
Talfoct that the Information thet | have provided and listed above "

Is accurate and complete to the best of my knowledge. a dated het Ls Sol,

2 Revislon 2 August 2012

NOBLE CO SHERIFF 0075



CHANGE FORM
ssf ent / ol / Ei Vehicle

Name: ol 6FE_S. Brown Date of Birth:_4/- JO bY Social Security:_

ADDRESS INFORMATION Wo Change [New
Proviows Address; /24! € US G AptLot_Y City BrimbleloA Zip Yo74Y
New Address: AptiLot. City _. Zip.
Telephone #: Coll BuO
EMPLOYMENT (None Wo Change ONew ([] Remove (1 Updated

Employer: Self emp loyed
Employer Address; /yyt ¢ US

Employer Telephone #: (260) ¥SY-3 706 _ Shif'/HvDeys be then. Mecoled
Start Date: : End Dato: /

List all current employers: _ Poe

SCHOOL INFORMATION - None ONoChange [New [Remove [1 Updated
School: .

Start Date; End Date: :

School Address:

School Telephone #: Hours/ Days: RaeaS

L L :
EMADL ADDRESS ONone (1 No Change (New Remove {1 Updated
AND INTERNET USERNAMES '
@ Grail. Com Beowe
U<¢e. Ming, BRowN agi ha

Wit:

(Use next page for VEHICLE changes)

samme $C “Bae wae i¢/i2
Ss -

EXHIBIT ££
DATE: 2-20-17

Kristin J. Nichols, CSR, RPR

NOBLE CO SHERIFF 0072


Page 22
1 Q Okay. For this -

2A. Sentenced to the Indiana Department of Corrections.

3 Q So before September of 2009 you were arrested again by an

4 officer of Noble County, correct?

3A Yes, sir.

6 Q Were you actually arrested on that charge or had you

7 already been incarcerated for something else?

8 A Iwas incarcerated for disorderly conduct.

9 Q And in addition to that you were charged with the felony
10 failure to comply with the registration requirements?
11 A Yes.
12 Q You were represented by counsel in connection with that?
13 A Yes, John Owen.

14 Q Owen?

15 A Yes, sir.

16 Q O-w-e-n?

17 A Yes, sir.

18 Q Did you enter a plea of guilty of failure to comply with

19 the registration requirements?
20 A. Yes. It was with great trepi
21 Q But you did do so?

22 A Yes, sir.

23 Q Did it come up in the course of your entering the plea with
24 — the court, the judge, anyone, about whether you should be
25

subject to those registration requirements at that point?

Page 24
1 Q Besides the failure to comply with the registration

2 requirements was there any other basis for the parole

3 violation at that point? Was there any other basis for it?
4A No.

5 Q Did the disorderly conduct charge play any part in that?

6 A. They said they would have tumed me back on the street for
7 that because it was a misdemeanor.

8 Q And was that violation here in Noble County also, the

9 parole?

10 A Yes, sir. And I even brought it up to my attorney that if

11 knew that admitting to a felony would automatically make
12 me go back and do half my backup time there's no way 1

13. would have even signed that.

14 Q But, well, you did?

15 A But did. Because I wasn't aware of the law at that time.
16 Q And again it just never came up with either your attorney
17 or the judge about the issue of whether or not you were

18 supposed to be subject to the registration requirements?

19 A Correct.

20 Q Where were you incarcerated then after that? Where did you
21 goin the State prison system?

22 A New Castle, No, no. I'm sorry. Indiana Youth Camp in
23 Plainfield, Indiana. YC, they call it.

24 Q While you were there, well, maybe not, looks like you got

25 moved over to New Castle again at some point?

Page 23
1 A. No, not under what we're asking about. But definitely i's

2 onthe record of me objecting to the judge about being sent

3. back to prison for failure to register a job that { had

4 — done for a woman I dated and didn't get paid. It was a

5 volunteer act.

6 Q But just so it's clear, Mr. Brown, at that point from your

7 standpoint the dispute wasn't about whether you were

8 subject to the requirements, it was about whether you

9 complied?
10 A Exactly.
11 Q You were arrested and charged because the allegation was
12 that you didn't comply with the notice requirement?

13 A Yes, sir.

14 Q Doyou remember the date of that conviction?

15 A. If the arrest was May Sth I'd say it was right around June

16 28th.

17 Q And what was your sentence on that charge?

18 A Six months.

19 Q Do you know why you were sent to the Department of
20
21 A. Because if you are on parole and you catch another felony
22 they automatically give you half your backup time. So I
23 did three and-a-half years because of that.
24 Q So because it was a parole violation?

Corrections rather than serve the time here?

Page 25
1A Yes.

2 (Defendants' Exhibit D

3 marked for identification.)

4 Q This is a letter you wrote in May of 2012. I marked this
5 as Exhibit D. Is this the letter you are talking about?

6 MR. KEEN: I think it's in the packet, Chris.

7 Q Is this the letter you sent to the judge about how long you
8 were supposed to register’?

9A
10Q
ILA
12Q
3A
14 Q Yousigned it as well?

15 A. Excuse me, sir. I wrote it to the Sheriff, but 1 think I

16 sent one almost identical to the judge.

17 Q I saw that Sheriff, then it was Sheriff Leatherman was the
18 Sheriff of Noble County back in 2012, was this addressed to
19 him or copied to him?

20 A. Itwas addressed to him,

21 Q Butyou think you also sent a copy to the judge?

22 A. know I did because the judge answered me. L was

1 will have to read it first.
Yeah, please take your time.

‘This is the one I wrote to the judge, I believe,
That's your handwriting, correct?

Yes, sit.

25 A Exactly.

23. surprised the judge wrote me, took the time to look it up
24 and said, "You are right, Mr. Brown. It should only be ten
25 years."

7 (Pages 22 - 25)

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Page 18
1 Q Had you been informed by the State employees at New Castle
2 that that's where you had to register, in Noble County with
3 the Sheriff's Department?
4A Yes.
5 Q So you knew upon your release you had to come to Noble
6 County and register? That's what you were told you needed
7 todo, right?
8 A Wherever | resided,
9 Q But your intention was to come to Noble County?
10 A Yes, sir,
11 Q So once you were released you came to the Sheriff's
12
13 A Yes, sir,
14 Q Let me show you this document which is Exhibit B.
15 (Defendants' Exhibit B
16 marked for identification.)
17 Q That's a multi-page document, So you can take a look at
18
19 A_ Did you see I messed this up when I filled this out? I put
20
21 Q That's on Page 3 of the form you are looking at?
22 A Yes, sir.
23 Q Exhibit B?
24 A Yes, sir. L believed they were asking for me and I wrote
25

Department to complete the registration process, correct?

that for a minute or two and refresh your memory.

down my son's information by accident,

it down wrong.

Page 20
1 Q And the date and so forth.
2 A. That conviction date though may not be the exact date, but
3. it's somewhere close.
4 Q Itwas definitely in 1996, though?
5A Yes, sir.
6 Q And then down at the bottom of the second page talks about
7 you were on probation or parole at that point, right?
8A Yes, sir.
9 Q Page 3 you have already told me was a mistake because you
10 put your son's information there.
Nl And then Page 5 that has your signature, if you will

12 turn to Page S it has a reference to things as part of the
13. registration requirements that you are supposed to do to
14 comply, correct?

15 A Correct.

16 Q Did Wanda give you a copy of this document to take with you
17
18 A believe so. I'm not sure. I can't say for sure.

19 Q Was there any discussion with Ms. TrueJove at the time
20 — about whether you should or shouldn't be subject to the
21 registration requirements? Did that even come up?

22 A No, it did not.

23 Q So on this date, on February 20th, it was your

24 understanding that you were subject to the requirements?
25 A Yes, sir.

at the time?

Page 19
1 Q Talking about the employment information?
2A Yes, vehicle information and additional employment
3 information.
4.Q Okay.
5 A. I'mnot sure why 1 wrote down my son's, though.
6 Q Does it have your signature on the fifth page of the
7 document?
8A Yes.
9 Q So that was the next day on February 20th, 2009, right?
10 A Yes, sir.
11 Q Andalso on that page it shows the witness who signed was
12 Wanda Truelove, right? She was the person at the Sheriff's
13. Department that worked with you on this, right?
14, A Yes.
15 Q_ Now, the rest of the information here, allthis first two
16 pages, is this in your handwriting here? Did you fill out
17 the first two pages?
18 A Yes, that's my handwriting.
19 Q Isall the information on the first page correct?
20 A Yes, sir.
21 Q On the second page, did you fill out that information on
2
23. A Yes, sir.
24 Q You have the sexual battery D felony, correct?
25 A Yes.

the second page, too, including the charge information?

Page 21

1 Q Because that's what they told you at the State?

2A Yes, sit.

3 (Defendants' Exhibit ©

4 marked for identification.)

5 Q I'l show you Exhibit C. This is just one page. Don't

6 know if you have seen this or not, but take a look at it.

7 A I'd like to add something about this.

8 Q Sure, if you want to add something about Exhibit B go ahead
9 and do that first.
10 A. On Exhibit B is where I was living. And then when the
11 landlord found out that I had to register as a sex offender
12
13 Q That was obviously at some later point in time?

14 A Yes, sir.

15 Q Have you seen Exhibit C before?

16 A. That's my handwriting.

17 Q And it's dated, well, looks like it's in September, anyway,

he made me move.

18 September 3rd of 2009. At that point had you been
19 re-arrested? Is that why this form was completed? Says
20 transport to DOC.

21 A I'msorry. Would you rephrase the question? I was
22 reading.

23 Q Was this document generated in September of 2009 because
24 — you had been re-arrested?

25 A For failure to register.

6 (Pages 18 - 21)

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Jeffrey Brown Jeffrey Brown

Deputy Kyle Hartman, et al. February 20, 2017
Page 65
CERTIFICATE
3 I, Kristin J, Nichols, CSR, RPR, a Notary Public
within and for the County of Porter and State of Indiana, ;
4 do hereby certify: }
5
That JEFFREY SCOTT BROWN appeared before me on
6 Monday, February 20 2017, and was duly sworn to testify
the truth, the whole truth and nothing but the truth to
7 questions propounded at the taking of the foregoing
deposition in a cause now pending and undetermined in
said court;
9
That I further certify I then and there reported i
10 stenographically the proceedings at the said time and E
place; that the proceedings were then transcribed from
11 my original shorthand notes; and that the foregoing
typewritten transcript is a true and correct record
12 thereof;
13
That I am not a relative or employee or attorney
14 or counsel for any of the parties hereto, nor am I
interested directly or indirectly in the outcome of
15 this action.
16 ;
IN WITNESS WHEREOF, I have hereunto set my Notarial a
17 seal this 27th day of February, A.D. 2017. fl
18
os,
19
20
ELIT ALD
21 4 :
Kristin J. Nichols, CSR, RPRTM* gms
22 Notary Public, State of Indiana
Residence: Porter County
23 My Commission Expires: 8-29-23
24
25

SRS TT TE a TE I TT TTY
66
66

Electronically signed by Kristin Nichols (601-396-017-4748) 48817¢39-a856-4fcf-b1d2-702ec334b0bd



Page 30
1A Yes, sir.
2 Q Actually, it looks like some of the dates are earlier than
3. the 28th. If you look on Page 4, why don't you turn to
4 Page 4 and Page 5 and Page 6 of that document and Page 7.
5 They have September 7th there.
6 A That's correct.
7 Q don't know why the first page has the 28th. Do you know
8 why that's a different date? See at the bottom?
9 A That was my mistake. I don’t know why. Unless she told me
10 Thad to come back with something. And she gave me 30 days
11 todoit. And that may be why. I come back and then she
12 handed it to me to finish.
13 Q The first two pages might have been a second time when you
14 were there on the 28th?
15 A Yes.
16 Q But the information on the first two pages, that's your
17 writing, correct?
18 A Yes.
19 Q Then on the third page which actually says Page 1 on what I

20 am looking at, see, that's what it looks to me like, that

Page 32
1 Q So did you have a specific discussion with Ms. Truelove
2 about whether it should be ten years or life?
3A. She referred me to someone else, but I can't remember the
4 name for sure. I don't remember if she said Mr, Dunafin or
5 my parole officer. Detective Dunafin. I'm sorry.
6 Q That's fine. Who did you talk to next about that issue,
7 about whether its life or ten years?
8 A. My parole officer, I believe.
9 Q Was that Noble County parole or Kosciusko County?
10 A. No, it's Noble County, but he is from Fort Wayne there. So
11 I'm not sure if it was Bobby Yarborough or if it was the
12 next parole officer.
13 Q Butit was through the probation department in Fort Wayne?
14 A Yes, sir, Parole.
15 Q Parole,1 mean, So wherever it was, tell me about that
16 discussion about the life versus ten years requirement.
17 A. Ican't recall what he said. 1 just went by the judge's
18 letter. The judge's letter said ten years. So I just
19 always believed it was ten years.
20 Q So between September of 2012 and June of 2015 did you

4 Q And the part here where it's checked sexual battery, did

5 you do that?

6A Yes.

7 Q Then the page that actually says Page 4, but it's Page 6 or
8 7, whatever it is, but Page 4, is that your handwriting

9 also?
10 A Yes, sir.

11 Q Then the next two pages after that are preprinted pages
12 that talk about the registration requirements that you are
13 under; is that right?

14 A Yes, sir.

15 Q And then the last page of this Exhibit F has some

16 additional registration requirement. Then it has your

17 signature, correct?

18 A Yes, sir.

19 Q Lassume, did you read through all those registration
20
21 A Yes, sir.

requirements when you completed the form?

22 Q So was there any discussion with Wanda or anybody from the
23 Sheriff's Department in September of 2012 about whether you
24 should be subject to any of these requirements?

25 A. Only for how long. Ten or life.

21 page is dated September 7th, That must have been the first 21 continue to regularly report changes as necessary about
22 time you came after your release? 22 your situation to comply with the act?
23 A Yes. 23 A thought I did.
24 Q This information here, is that in your handwriting also on 24 Q There's another change form I have here in June of 2015. 1
25 the third page but it says Page 1? 25 — will mark as Exhibit G.
Page 31 Page 33
1A Yes, sir. 1 (Defendants! Exhibit G
2 Q The next page, is that your handwriting also? 2 marked for identification.)
3A Yes, sir. 3 Q Its ammulti-page form again, So just take a minute to

4 look through it. Looks very similar to Exhibit F except
5 the different date and perhaps some change you were
6 notifying the department about, correct?
TA Yes.
8 Q Again it looks like it was actually completed on two
9 different dates, First two pages on June 19th, the rest of
10 them on May 20th, both of 2015, correct?
11 A Yes.
12 Q The last page has your signature on it again, right?
13 A Yes, sir.
14 Q Aswell as Wanda Truclove. Was there anything discussed
15. with Ms. Truelove at that point in time about whether you
16 should or shouldn't be subject to the requirements?
17 A No, sir.
18 Q Now, there came a point in time where you were then
19
20 requirements, correct?
21 A Yes, sit.
22 Q That was in September of 2015; is that right?
23: A Yes, sit.
24 Q Did you understand you were arrested on a warrant that had
25

arrested for failure to comply with the registration

been issued by the Noble County court system for various

9 (Pages 30 - 33)

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Registration Conditions
1, have been notified IN Writing of my duty to register.

2. Tunderstand that iff change my place of residence, including nay specific home
. / address, my place of employment or my place of education, I have three (3) days to
update this information with the County Sheriff’s Office. (IC: 11-8-8-11)

3.1 further understand that if I move to anew county within the State of Indiana, I have
three (3) days to update my registration information with the county that I am leaving and
the county I am moving to,

4, Tundetstand that I must comply with any mail that I receive from the County Sheriff's
Office, in a timely manner,

5. Tunderstand that if fail to register under this chapter (IC 11-8-8) or fail to complete

and submit a new registration form as xequired under section 11 of this chapter (IC 11-8-

8), [may be charged with a Class D Felony. However, the offense is a Class C Felony if

Thave a prior unrelated offense under this section, . 1

Thereby certify that I have truthfully answered the information requested above and

understand the duties and obligations required of me under (IC 11-8-8) as outlined in this
registration form. :

Registrant S. Brown. Date 2/ao/r4
Witness Date a -AO- OS

NOBLE CO SHERIFF 0106


10
a1
12
13
14

15
16

17

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Page 1

IN THE UNITED STATES DISCTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

JEFFREY BROWN,
Plaintiff,
-vs- Case No. 1:16-cv-00337-WCL-SLC
DEPUTY KYLE HARTMAN,
DET. SHAUN DUNAFIN,
WANDA TRUELOVE,

SHERIFF DOUGLAS A. HARP,

Defendants.

The Deposition of JEFFREY SCOTT BROWN

Date: Monday, February 20, 2017
Time: 2:15 p.m.
Place: Noble County Jail

210 South 7th Street
Albion, Indiana 46701

Called as a witness by the Defendants in accordance

with the United States District Court, Northern District
of Indiana, Fort Wayne Division, Rules of Civil Procedure,
pursuant to Notice.

Before Kristin J. Nichols, CSR, RPR
Notary Public, Porter County, Indiana

Job No. CS2533499

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EXHIBIT


Page 42
1 whole process about registration, whether you complied with
2 the registration, whether you should be required to comply,

3 none of that?
4 A No, sir, I did not.

5 (Defendants' Exhibit L

6 marked for identification.)

7 Q Iwill show you what is marked as Exhibit L. I don't know
8 whether you have seen this or not so take a minute to look.

9 Mr. Brown, have you seen this document before today?
10 A No, I have not,
11 Q Itapparently is from a person named Laura with the Indiana
12 Department of Corrections. And it's dated March 14th of

13 2016. It seems to be advising Noble County that you are

14 not subject to the sex offender registration requirements.

15 Do yousee that at the top?

16 A Yes, sir, I do.

17 Q Are you aware of any prior notification that anyone at

18 Noble County received from the State that said you weren't
19 required to register as a sex offender?
20 A I'mnot aware of any.
21 Q Have you ever talked with any State employee at any of the
22 State penitentiaries, facilities, where they indicated they
23 informed anyone at Noble County you weren't subject to the
24 — requirements of the registration statute?

25 A No, I never heard nothing like that.

Page 44
1 talked about and there was an incident in Oklahoma where

2 you were arrested as well and charged with some crimes,

3 correct?

4A Yes.

5 Q When did that happen?

6 A. September of last year.

7 Q 2016; is that right?

8A Yes, sir.

9Q
10 charges?
11 A About a week, week to ten days, I think.
12 Q Have you been incarcerated for any other reason since your
13 release in March of 2016 besides Oklahoma and the current

How long were you held, incarcerated in Oklahoma on those

14 charges against you?

15 A. No, sir.

16 Q With the probation violation issue what charge was that a
17 probation violation of?

18 A For the precursors.

19 Q No, but what were you still on probation for that caused
20
21 A Conviction of precursors.

22 Q Okay. That's the one that was pending at the same time
23 that you were arrested on the first registration

that to be a violation? What charges or what conviction --

requirement?
A Exactly, Yeah, it was still pending, correct.

Page 43
1 Q Have you had any conversations with Detective Dunafin,
2. Deputy Hartman, Wanda Truelove, or Shetiff Harp about the
3. lawsuit that you filed or any of the allegations that are
4 contained in the lawsuit itself?
5 A No, sir, |have not.
6 Q Ithasn't come up while you have been incarcerated here at
7 all more recently?
8 A. Not more recently, I don't believe. I did say that 1
9 planned on filing a lawsuit, but I didn't know who would be
10 included in that.
11 Q Butno discussion about the specifics with any of them on
12 the lawsuit?
13 A No, sir.
14 Q One of the people that’s been listed as a possible witness
15 inthis case by your attomey was a person named Tim
16 Sillaway, S-i---a-w-ay,
17 A Yes, sir.
18 Q Whois Mr, Sillaway?
19 A. Heis the friend I lived with on Riley Street that said
20 Mr, Hartman showed up to his door.
21 Q So he would be somebody that would be able to testify about
22 this change of address issue?
23 A Absolutely. And how adamant I was not to mess it up.
24 Q Since you were released from the Noble County Jail in March
25 of 2016 you had the current charge arrest that you've

Page 45
Q There's been an allegation, Mr. Brown, on your Amended
Complaint that Sheriff Harp and the Sheriffs Department
should be liable to you for false arrest because they
didn't have proper policies or procedures in place to

1

2

3

4

5 prevent your constitutional rights from being violated.

6 Tknow you are not a lawyer, but is there anything

7 specifically in your mind that you believe the Sheriff

8 should have done, or didn't do, or should have done

9) differently as far as policies or procedures to keep this
10 from happening?
1] A. believe that on that date that it changed over or how the
12 ex post facto he should have informed his employees there's
13 acut-offline, We need to check every person that is
14 required by the State to look it up.
15 I can't do that. As you even said, I'm not at
16 attomey. And if I would have never come here and had
17 access to a law library I'd still have that label. Still

18 be biased and prejudiced against.

19 When I got out in 2009 they told me I couldn't be
around my 17-year-old daughter. They told me I couldn't be
21 around my grandson, J went to a psych doctor, you can

22 verify all this, from the Northeastem Center in

23. Kendallville, Indiana, Dr. Ali was the doctor, I was
24 — devastated.

25 My youngest daughter was only 4 when I left. She

12 (Pages 42 - 45)

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Page 38

1 A. Notone person,

2. Q None of your defense lawyers representing you in the

3. criminal cases told you, right?

4 A. No, sir, none of them told me.

5 Q Not the prosecuting attorneys, correct?

6A Correct.

7Q
8A
9Q
10 geta response?
11 A A few days later he come back and was rude with me, He
12 made out like I shouldn't threaten him, I said, "It wasn't
13 a threatening letter. You was the one that handled the

14
15 Q What else was discussed?

16 A. But in his defense he did bring me up to his office. He
17 went over the sex registry paperwork, I mean the

18
19 made. He agreed with me.

20 Q Did he say what he was going to do at that point?

21 A Lcan't recall.

22 Q Based upon your conversations with Detective Dunafin then
2B

And not the judges in your cases, none of them?
Correct. No one told me.
So when you sent this letter to Detective Dunafin did you

case, You told me I had to register as a sex offender."

stipulations on the computer and seen the mistake that was

do you have any reason to believe that he knew prior to

Page 40
1 myself.
2 Q Which judge vacated your convictions?
3A I believe it was Judge Laur.
4 Q Butyou didn't even have to go to the court and talk to him
5 about it?

6 A No.
7 (Defendants' Exhibit K
8 marked for identification.)

9 Q Iwill show you what's been marked as Exhibit K. This
10 looks like another letter to Detective Dunafin you wrote

11 the next day on March 8th. This is talking about just

12 advising him those convictions had been vacated, right?

13, A. Yes, sit

14 Q Were you released from the Noble County Jail the same day
15 or were you still held because you had the pending drug

16
17 leaving in the morning, So that's why I asked you about
18 that,

19 A I'mnotsure, I must have bonded out then,

20 Q What happened with regard to the drug charges that were
21 pending?

22 A Dismissed,

23 Q Inthis letter, Exhibit K, you say, "I have some issues I'd

charges? It does say in the letter that you would be

2 Q Did he say anything at any point during your conversation
3. with him that led you to believe that he knew already

4 — before you brought it to his attention?

5 A. Nothing that { can recall specifically.

6 (Defendants' Exhibits I and J

7 marked for identification.)

8 Q These are Exhibits I and J. I think they kind of go

9 together. Did you file something with the court regarding
10 this issue, correct? Described as a protest, right?
11 A Yes.
12 Q That's Exhibit J. It looks like you sent a copy of it to
13. Detective Dunafin under Defendant's Exhibit 1, both March
14 7th of 2016; is that correct?

15 A Yes, sir.

16 Q Did you hear anything back from Detective Dunafin right
17 away when you sent him this letter with the protest?

18 A don't recall. I can't remember.
19 Q Atsome point after that did you get brought before the
20
21 A They didn't even make me go before the judge. They just
2
23 Q How did you learn about that?
24 A. Head public defender Jim Abbs came over with a revised
25

judge?

come over here and vacated both sentences.

24 that time that you shouldn't have been subject to the 24 like to address with you as well." Did you ever talk with
25 registration requirements? 25 Detective Dunafin again about this issue after March 8th of
Page 39 Page 41
1 A. That would be me speculating. 1 don't think I can do that, 1 20167

2 A That may have been about a friend that died. I'd have to
3 look at that letter, sir.

4 Q Its here in front of you.

5 A That was about a different issue,

6 Q Did you ever talk with Detective Dunafin again about the
7 issue of the sex registration?

8 A No, sir, Idid not.

9 Q Did you ever have any conversations with Detective Hartman
10 or Deputy Hartman about any of those issues?
11 A No, sir, I did not. Only the day that I met him here.
12 Q Right, And that wasn't about whether you were subject to
13. the requirements but whether you complied?

14 A Exactly.

15 Q And did you ever talk with Wanda Truclove at any other
16 point in time about this whole issue of whether you

17 _ shouldn't or shouldn't be subject?

18 A No, sir.

19 Q Never had any follow-up conversation with her about, "Hey,
20 — why didn't you tell me I didn't have to do this."
21 A No, Inever approached her that way,
22 Q Did you ever talk with Sheriff Harp at all at any point in
23 time about any of this?
24 A No, sir.

version of my own post conviction relief that I filed

25 Q You had no conversation with him at any time during this

11 (Pages 38 - 41)

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Social Security # 4] fo! oF ;
Name: ‘Bowl JEFF _ Scott
asd) irs) (Middle) (Gultixy
Driver’s License # State: Expiration Date
OFFICE USE ONLY Registration # Alternate Registration #

sDb# FRY
NCIC# DOCH
Registration Start Date L
Alias/Nicknames: wh
| Place of Birth: City te powell State_ Ky County 3
Height ('1" Weight aas”_ Build Gentle m_ Race

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| Facial Hair (describe) Yustache- Hye Color Boos
Do you wear Glasses or Contacts yes __ Complexion Medina Right or Left Handed Like
Describe any Scars/Marks/Tattoos on your body and their location:
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“Tatoo Bight Biexe af Emmitt Kelly

Current Address 124) a Lot/Apt#_¥

City_Brtufield _ _StateFw Zip _gersy phone# (360) _gr¥-3796

| Additional Address :( other address that you spend more than seven (7) nights in a fourteen (14)
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Cit State Zip phone#: (__)

Email addresses, internet identifiers / usernames:

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‘Company Name) ‘Bupervisor’s name)

4} Employer Address_jaut Huy G  Aetie¥

l| Bmployer’s Phone #_Jgo + 95-378 County you work in A/p ble.
Start Date ‘What shift do you wot) gra gra

N Hours and days worked___Jhen AMeeded Day Pee

Professional Licenses (list license number, issuing agelicy, description below):

‘Are you currently a student? Alp
Name of School ablz

) School Address "

} School Phone # County you attend school in |
Class Schedule (list days / nights and hours attended):

eee RE OS OTE as

J attest that the information that | have provided and listed above
is accurate and complete to the bast of my knowledge. pean so dated Sep. %_2a2

1

NOBLE CO SHERIFF 0074


. : L
"! | VIMICLE#1 INFORMATION. (None Wo Change [New [Remove 1] Updated
Make: Model: Year
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VEHICLE #4INFORMATION [None [No Change [New [Remove [1 Updated
Make: Model; Year
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VEHICLE #S5INFORMATION, [None [ONoChange CNew (ORemove 0 Updated
Make; Model: Year
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seat Laps 61 Bn, ma _9/2¢/\2.

NOBLE CO SHERIFF 0073


Page 26
1 Q This was Judge Kirsch?
2 A Yes, Judge Robert Kirsch.
3 Q Idon't have his letter, but he wrote you and said it
4 should only be ten years, not life?
SA Yes.
6 Q Buthe didn't say you shouldn't have to register at all?
7A No, he did not.
8 Q Did you receive any response from Sheriff Leatherman?
9 A No, I did not.
10 Q When was your release date then after that? 2012,
11 sometime?
12 A I believe so. 2012. September 6th, 1 believe, or Sth,
13 Right around there.
14 Q I think you are right. You've got your dates pretty well
15 in mind, Were you in New Castle still then in September of
16 2012?
17 A Yes, up until that date there,
18 (Defendants' Exhibit E
19 marked for identification.)
20 Q Marked as Exhibit B, this is a one-page document dated

21 — September Sth, 2012. Looks similar to Exhibit A. Is this 21 they didn’t send me to a pre-release. Just pushed me out
22a document that was completed while you were still at the 22 the door. Because I got my time cut with my college degree
23 New Castle facility? 23 and it put me out the door. So I didn't have time to do

24.A Yes, sir. 24 the pre-release.

25 Q And it does show your release date of September 6th of 25 Q But you did go through the pre-release class before the

Page 28
1 A "Well, you will have to take that up in your county with
2 the judge."
3. Q Did you go through one of those pre-release classes again?
4A Yes, sir.
5 Q About the registration requirements?
6 A Yes, sir, Idid.
7 Q Was there anything different about the class and the
8 procedure than you had encountered in 2009?
9 A No, sit.
10 Q Sowhen you were released from New Castle in September of
11 2012-was it once again your understanding and expectation
12 that you had to register as a sex offender at least for the
13. ten years?
14 A. Yes, sir.
15 Q And you planned to come back to Noble County at that time
16 also?
17 A Yes, sir.
18 Q Didyou want to add something?
19 A. Yes, sir, L apologize. In 2009 they didn't even send me

20 toa pre-release class. I did 13 years, 7 months. And

Page 27

1 2012. See that?

2A Yes.

3.Q Itdoesn't have a full signature, Is that like a half

4 signature of yours or what is that?

5A Yes. Idon't know what happened. That is my first three

6 letters of my first name. And that is part of my

7 ~~ signature.

8 Q Had you seen this document before?

9A Yes, sir.
10 Q Itlooks like the person you were dealing with in 2012 from
11 New Casile, the State facility, was April Wilburn,

12 W-i--b-u-r-n, looks like. Do you have any recollection of
13. your conversation with April?

14 A. No, Ido not.

15 Q Now, looking at the top of this again it's still saying you

16 are supposed to register for life?

17 A Yes, Ido.

18 Q Did you have any conversation with April at the time about
19 whether that was right or wrong in light of what you

20 received from the judge?

21 A. That letter to the judge was in 2012. So that first one,

22 the 2009 release date, no. I know I told her that. I
23 don't know if I showed her the letter from the judge, but 1
24 know told her I contested the lifetime registry.

25 Q What did she say?

Page 29

1 2012 release?

2A Yes,Idid,

3 Q And that's where they talked about the registration

4 requirements?

5 A Yes, sir.

6 Q Looks like again you were being released on parole and

7 probation then in September of 2012? At least that's

8 what's checked on the form?

9A
10Q
WA
12.Q
13 A

That's what it should have been,
And then you came back to Noble County?

Yes, sit.

Come to the Sheriff's Department to register?

Yes, sir.

14 Q Did you come here and talk to Wanda Truelove again?
13 A Yes, Idid.
16 (Defendants’ Exhibit F

7 marked for identification.)

18 Q Iwill show you this. I don't know whether this is the

19 first one or not, but it's the first one I could find.
20 Exhibit F, another multi-page document dated September 28th
21 of 2012. Take a minute to look through that, if you would.

2 Have you seen this before?

23 A Yes, sit.

24 Q Was this a document you completed in connection with the
25

registration as a sex offender in Noble County?

8 (Pages 26 - 29)

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Are you a student? If yas, where? N (e]

Do you have a temporary address? If yes, please indicate the physical address below.

(Street Addrass) (Clly) (State) (Zip), - (County)
Employment Information
Employer: Al is
. (Compaly Name) (Supervisor's Name)
Employer Address:
(Clty) (State) (ZIP) (County)
Employer Phone #: Lo Hours/Days Working:
Work Performed: =
(Description)

Charge Information
Sex Offense: Sewn al Battery ‘y Fela State Crime Occurred; L nol :
Conviction Date: Oot. 25 199 conviction comny: _Aaseruskd
Cause#: 4Y3D0) 9Lok- Cr-pooan'7 Sentence: :

Has a court determined you to be a sexual predator? Yea fe) vay)
Date Released from Jail/Prison: _  / f 4 /04 DNA Available: 6) No
Facility Where Sentence Was Served (lst all); <twul. Stott Ais Moms brpvectinasl ' New Lastle

Victim Information

Number of Victims: | Child: vesiffo) Elderly:

Disabled: Yes io ) Gender: Male Age of Victim: 3 i
Ce”
Relationship fo Victim: wit? L tushewd ‘
Probation/Parole Information
Are you or were you on probation or parole? If yes, which one: GP Yor

(information should pertain to the sex crime for which you are required to register.)

What county and state handled your probation or rh tnd
Name andPhone#ofPO: _ Jbo~Upy-V 3556
Date Probation or Parole Began: 2. ) alsa Ended:

NOBLE CO SHERIFF 0103


_ March 2, 2elle
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. When TE. last Spoke. te You. as
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Wand lle this. Wee Right ? Re Legit Been
Josue. een Pepiind oo ia 4

ate, 2-20-17
Kristin J. Nichols, CSR, RPR

NOBLE CO SHERIFF 0039



-To< Deteative Shawn Dunefin Dana March." 201

From odeffrey S. Brun % WAS, FB 7
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NOBLE CO SHERIFF 0038


CD. Shempp Gory D Leathuvnen

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New- Custhe. Same _-

Krlstin J, Nichols, CSR, RPR

G73
NOBLE CO SHERIFF 0070



Page 10
1A Yes.
2 Q Do any of them live around here?
3 A They all live in North Webster, in the area. Syracuse.
4 Kosciusko County.

Page 12

Hartman and Shaun Dunafin, the clerk with the department,

Wanda Truelove and also against the Sheriff, Douglas Harp.
And Iunderstand from the Amended Complaint that's

been filed it’s generally a claim that your rights were

wRone

14 Q After 2009 when you were released from prison did you work
15 for anyone else as an employee in any employment?

16 A_1would say no, because I was a subcontractor.

17 Q Goahead.

18 A I don't want to -- I want to get that clear, 1 worked for

19 you, but you hired me as a subcontractor. But you

20 understand I'm not trying to be —

21 Q Not considered to be an employee of the general contractor?
22 A. Right, Like I signed a W2 form to work for them in that

23° manner. That did not happen.

5 Q Do you have grandchildren then also? violated because you were arrested and charged with failing
6 A Two. 6 to register as a sex offender, correct?
7 Q Do you have ongoing relationships with your children? | 7 A Correct.
8A Yes, Ido. 8 Q I want to take you back a little bit and go through a
9 Q And your grandchildren also? 9 little bit of the history of how we got to this point, So
10 A Yes,Ido. 10 be patient with some of my questions. I know they may go
11 Q What's the extent of your formal education? 11 back a little bit, alittle ways, But as [ understand it,
12 A Bachelor's degree in business management. 12 sometime back in the nineties you were arrested on several
13 Q Where from? 13. criminal charges, one of which involved some sort of sexual
14 A Grace Seminary College in Warsaw, Winona Lake. 14 _ battery; is that right?
15 Q When did you receive that? 15 A. Yes, sir.
16 A Treceived it when I was in prison. 16 Q You ended up being convicted of several charges which led
17 Q: What year was that? 17 to your incarceration at that time?
18 A 2008, I believe. 18 A Yes, sir.
19 Q Did you graduate from high school before that? 19 Q Can you tell me, what were the charges you were convicted
20 A East Noble here in Kendallville. 20 of?
21 Q Any other training or education? 21 A Criminal confinement with a deadly weapon and sexual
22 A Truck driving school in 1989. 22 battery. Class D felony.
23 Q Did you get a CDL or chauffeur's license if that's what it] 23 Q This involved your wife at the time?
24 was then? 24 A Yes, sir.
25 A Yes. Yes, I did. 25 Q Were you separated?
Page 11 Page 13
1 Q When you were released from prison did you renew that? 1 A We were still married at the time.
2A No, Idid not. 2 Q Were you separated, though?
3 Q What other type of work have you done? Let's say since 3 A Yes. Yes.
4 — 2009 when you were released from prison at that point in 4 Q So she was an adult at that point, right?
5 time. 5A Yes.
6 A I tried my own shingling business. 6 Q What County did these convictions occur in?
7 Q Roofing business then? 7 A Kosciusko.
BA Yes. 8 Q What was the sentence?
9 Q Self-employed? 9 A 20 years.
10 A Yes. 10 Q What year was the conviction?
11 Q Any other work? 11 A 1997,
12 A Construction type. Like as a subcontractor. 1 did some 12 Q Soat that point in 1996 after your conviction you were
13 work fora gentleman. 13 incarcerated in a State facility, correct?

14, A Yes,

15 Q Did you remain incarcerated in the State facility the

16 _ entire time you served your sentence?

17 A Yes, I did.

18 Q What was the last State facility you were incarcerated at
19 A New Castle Correctional Facility.

20 Q What was your release date; do you remember?

21 A Right around February 19th, 2009. That may not be the
22 right day, but it's real close.

23 Q I think it is pretty close. So did you know that was goin;

24 Q Lunderstand. So this lawsuit that has been filed on your 24 — to be your release date? Was that a date that was told to
25 behalf is against several officers from Noble County, Kyle 25 you would be your release date in advance?
4 (Pages 10 - 13)
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Page 54
1A Yes, sir.
2 Q Then did you continue them after you were incarcerated then
3 back in 20127
4A Yes, sir.
5 Q Doyou still take them now?
6 A_ I'm supposed to.
7 Q But you haven't been?
8 A No.
9 Q Why is that?
10 A. She says, the nurse here in Noble County says I can't have
11 them here.
12 Q When did they tell you that?
13 A She told me that about two and-a-half weeks ago, maybe
14 three weeks ago. Said, "You are not allowed to have
15 Artanes."
16 Q Have what?
17 A Artanes. The generic name is Trihexyphen.
18 Q What was the nurse's name?
19 A Idon’t know her name, but she is out there. I just seen
20 her when I walked through.
21 Q Why did she tell you you weren't allowed to have that?
22 A I don't know why.
23 Q Have you seen the doctor while you have been here?
24 A No.
25 Q Have you asked to?

1Q
2A
3
4Q
5
6
7A
8Q
9A
10Q
A
12.Q
BA
14
15
16

18

19 A Yes.
20 Q Itwas. Okay. Have you received any other medical or

21
22

23 A. No, just those two doctors, Dr. Ali and Dr. Surakanti.
24 Q Where is Dr. Ali?
25 A. Dr. Ali was at the Northeastern Center in Kendallville, but

the bat, "You are not getting the Artanes.”

been at the jail here since December? Any other medical
issues?

just pull it It fell out actually this moming. 1
swallowed. I didn't know unless I swallowed it in my
sleep.

17 Q Was ita tooth that had been already damaged somehow or

Page 56
‘And you haven't been prescribed them by anyone since then?
No, but I did bring it up to the nurse, She said right off

Have you had any other medical complaints while you have

I just got a bad tooth. [ lost a tooth.

Had a tooth fall out?

Yeah.

Have you seen a dentist at all?

No.

Have you asked to while you have been here?

She asked me when I would get out. She said they would

what happened?

psychiatric care or treatment since 2009 that we haven't
talked about?

Page 55
1 A. Yes, [told the psych doctor. She said, "You are not
2 getting your Artanes."
3 Q Have you filled out any written form request for treatment
4 while you have been in the jail here?
5 A I think I did on the kiosk.
6 Q Would that have been since your most recent arrest?
TA Yes.
8 Q When did you last take anxiety or depressive medication?
9 A. Last summer sometime.
10 Q Who was prescribing it for you then’?
11 A Dr. Surakanti.
12 Q Where is Dr. Surakanti located?
13 A Fort Wayne, | think it's West Jefferson Street,
14 Q Did the prescription just run out or what happened?
15 A. didn’t have money to get down there or something, 1
16 can't remember. I was on Haldol and Artanes.
17 Q Soat the time that you were arrested most recently here
18 and what causes you to be here in Noble County Jail, at
19 that point in time had the prescriptions run out so you
20. didn't have anymore?
21 A When I was arrested here in December, yes, I didn't have no
22 ~~ more. Correct.
23 Q Atthat point in time you weren't taking them because you
24 — hadn't been able to afford to continue?
25 A Exactly.

1 he retired or moved to a different place. And then they

2 referred me to down in Fort Wayne a better doctor, I guess.
3 His name was Dr. Surakanti, but | think he worked for the
4 Bowen Center, I think it is.

5 Q Through the Bowen Center?

6A Yes.

7 MR. KEEN: Mr, Brown, | think those are all

8 the questions I have for you today. Thank you for

9 being so patient with me.
10 THE WITNESS: Thank you, Mr. Keen.
iT MR. MYERS: 1 just have a couple questions.

12 CROSS-EXAMINATION
13 BY MR, MYERS:

14 Q How do you spell Surakanti?

15 A Sarrk-a-nti, Ibelieve.

16 Q T-i? Okay.

17 A. Yeah, Probably an A between the R and K, I'm thinking,

18

19 Q Thank you.
20 A The one from Northeastern Center is Dr. Ali.
21 Q I got that, I want to talk about a couple things you

22
23
24

25 A. I pointed out to the nurse it was sore, but she said,

Page 57

Surakanti. I'm not sure.

mentioned regarding your medical information and your
teeth, Regarding the most recent situation with your
tooth, was it giving you pain at all?

15 (Pages 54 - 57)

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Page 62
1 to jail for failing to register? In other words, there
2 were times when you were sent back to jail, as I understand
3. it, for failing to register as an offender?
4A Yes, sit.

1A Yes, sir.
2 Q You haven't filed any kind of lawsuit or claim against

3

4 A No, sir, Ihave not.

Page 64

those employees?

5 Q But you didn't have to register? 5 MR. KEEN: That's all T have,

6 A_ No, I was sentenced to the Indiana Department of 6 MR. MYERS: No.

7 Corrections and I didn't have to register by law. 7 MR. KEEN: Do you want him to sign?

8 Q So there were periods of time where you were incarcerated, 8 MR. MYERS: Would you like to read and sign
9) that is, that you lost liberty? 9 this? In other words, you have an opportunity to
10 A Yes, sir. 10 make corrections. How long are you going to be
11 Q For failing to register when in fact you didn't have to i here?
12 register? 12 THE WITNESS: July 18th.
13 A About 43 months all together. 13 MR. MYERS: Send it here, I suppose. T do
14 Q And then you testified about the emotional harm, the 14 want a copy.
15 psychological damages that you experienced. 15 (Deposition concluded and Witness
16 A Yes, sir. 16 excused at 3:32 p.m.)
17 Q The problems with work and having to change residences, not | 17

18 to mention the continuing psychological harm for which you | 18

19 have been denied some medicine here at the Noble County 19
20 Jail? 20
21 A Yes, sir. 21
22 MR. MYERS: | have nothing else. 22
23 REDIRECT EXAMINATION 23
24 BY MR. KEEN: 24
25 Q Mr. Brown, just to make sure I understand the 25

Page 63 Page 65

1 circumstances, when you came and registered each time here 4 CERTIFICATE

2 in Noble County at the Sheriffs Department as a sex 3 1, Kristin J. Nichols, CSR, RPR, a Notary Public

3. offender that we've talked about, each of those times, am I 4 Tahoe cone County of Porter and State of Indiana,

4 correct that each time you just simply met with Wanda 5

5 Truelove and completed the paperwork with her? Thatisthe |, 4 oniny February So 2017 ant wes Senet st

6 _ petson you dealt with for that purpose? the truth, the whole truth and nothing but the truth to

1 A Yesand Dateve Danan 7 geen mee eg

8 Q Did you meet with Detective Dunafin when you signed upto | 8 said court;

9 register as well? > rat fer ‘cottfy I then and there reported

10 A. He came out and spoke to me with Wanda, They brought me in| 10 _stonographically the proceedings at the said time and

LI the office. They have to take a picture of you. He spoke 11 Bassi the poesedngs wer

‘my original shorthand notes; and that the foregoing

12 tome about -- nothing about not registering and stuff, but typewritten transcript isa truc and correct record

13 cant recall the conversation exactly, 5B hese

14 Q Was that the first time you registered in 20097 ‘That I am not a relative or employee or attorney

. 14 or counsel for any of the partes hercto, nor am

15 A That was the second time, interested direetly or indireetly in the outcome of

16 Q 20127 15 this action.

ITA Yes. 6 IN WITNESS WHEREOF, | have hereunto set my Notarial

18 Q And then did you ever talk with Deputy Hartman about any of A seal this 27th day of February, A.D. 2017.

19 the registration requirements before the time you were last 19

20 arrested? 20

21 A. No, sit, I did not. 21

22 Q And before you talked with Wanda Truelove and before you | Now oe sohe See ot diana

23 talked with Detective Dunafin about registering, you had Residence: Porter County

24 been told by employees of the State Penitentiary that you 3 My Commission Expires: 8-29-23

25 were required to register? 25

17 (Pages 62 - 65)

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Page 6 Page 8
1 ifwe start talking over each other she might miss 1 Q Who was the judge?
2 something. So let me finish my question before you start 2 A Judge Kirsch. Robert Kirsch.
3 your answer. 3 Q Are you single or married?
4A Yes, sir. 4 A Married.
5 Q Iflask a question you don't understand, you have to tell 5 Q What's your wife's name?
6 — me, because otherwise I will assume you did. If you don't 6 A Michelle.
7 understand, tell me. And I will try and ask a better 7 Q How long have you and Michelle been married?
8 question. All right? 8 A. Since July 20th of 2015. Or 28th, I believe, I'm sorry.
9A Yes, sir. 9 Q Iuly of 20157
10 Q Now, we are here at the Noble County Jail today to take 10 A Yes. Yes.
11 your deposition, And this is where you are currently 11 Q Where does she live?
12 incarcerated, right? 12 A. She's living in Kendallville right now.
13 A Yes, sir. 13 Q Garden Street?
14 Q Can you tell me the reason for your incarceration at 14 A. No, we no longer live there. She is staying with some
15 present? What criminal charges are pending? 15 friends on Drake Road.
16 A Is this the precursors? Precursors. Probation violation, 16 Q Have you been married to anyone else?
17 actually. 17 A Tammy Kinerk, was her maiden name.
18 Q Probation violation. All right. These are charges pending 18 Q How do you spell her last name?
19 in Noble County? 19 A K-i-n-e-r-k.
20 A Yes. 20 Q When were you and she married?
21 Q Are there any other charges currently pending against you? | 21 A In 1983. April 9th.
22 A LaGrange. 22 Q That marriage ended in divorce?
23 Q What's that for? 23 A Yes.
24 A Possession. And they say resisting, I guess, fleeing or 24 Q When was that?
25 — something, but J wasn't. 25 A 1997.
Page 7 Page 9
1 Q Are there criminal charges pending against you anywhere 1 Q Have you been married to anyone else?
2 else? 2 A No, Ihave not.
3 A No. 3 Q Do you have any children?
4 Q I know there was an incident in Oklahoma that happened last 4A Four.
5 year. Are there any criminal charges pending as a result 5 Q What are their names?
6 of that? 6 A Candice, with an I.
7A No. 7 Q How old is she?
8 Q Do you have a trial date set in either of your cases? 8 A Born in'83. So she'll turn 34 this year in October.
9 A Notatrial date, no, sir. 9 Q Okay.
10 Q Who is representing you? 10 A Trevor. He'll turn 32 in December.
11 A Seth Tipton. 11 Q Okay. The other two?
12 Q Tipton? T-i-p-t-o-n? 12 A Trent was born in 1989, April 20th.
13 A Yes. 13. Q 26?
14 Q Ishe representing you in both cases? 14 A Yes. Thank you.
15 A Yes, he is. 15 Q Same year as my son. That's how I know.
16 Q How long have you been here at the jail? 16 A Okay. That was pretty quick.
17 A Since December 4th, I believe it was. 17 Q The other one, youngest child?
18 Q Of last year? 18 A Kayla.
19 A Yes, sir. I'm sorry. 2016. 19 Q WithaK?
20 Q Because there's probation violation and you have no bond? | 20 A Yeah, K-a-y-l-a.
21 A. Lhave been sentenced to seven and-a-half months. 21 Q What's her age?
22 Q On the probation violation? 22 A August 20th, 1991,
23 A Yes, sir. 23 Q So she is 25 then?
24 Q Was that in Noble County? 24 A Yes.
25 A Yes. 25 Q All those children with your first wife?

3 (Pages 6 - 9)

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IC 11-8-8-8
Required registration information
Seo. 8. The registration required under this chapter must Include the following information:

(1) The sex or violent offender's fall namo, alias, any name by which the sex or violent offender was previously known, date
of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, driver's license
number or state identification card number, vehiole description and vehicle plate number for any vehicle the sex or violent
offender owns or operates on a regular basis, prinoipal residence address, other address where the sex or violent offender spends
more than seven (7) nights in a fourteen (14) day period, and mailing address, if different from the sex or violent offender's
principal residence address,

(2) A description of the offense for which the sex or violent offender was convicted, the date of conviction, the county of the
conviction, the cause number of the conviction, and the sentence imposed, if applicable.

(3) If the person is required to register under section 7(a) (2) or 7(a) (3) ofthis chapter, the same and address of each of the
sex or violent offender's employers in Indiana, the name and address of each campus or ‘Tocation where the sex or violent offender
is enrolled in schoo! in Indiana, and the address where the sex or violent offender stays or intends to stay while in Indiana,

(4) A recent photograph of the sex or violent offender,

(5) If the sex or violent offender is a sexually violent predator, that the sex or violent offender is a sexually violent predator.

(6) If the sox or violent offender is required to register for life, that the sex or ‘violent offender is required to register for life.

(7) Any electronic mail address, instant messaging username, electronic chat room username, or social networking web site
‘usemamo that the sex or violent offender uses or intends to use.

(8) Any other information required by the department.

Lhave read or had read to me the above information, By my signature, I indicate that I have received 2 copy of this
information and that I understand my duties and obligations to register for a perlod of:

(10) (15) (25) years/_ life. (OFFICE USE ONLY) Date Registration Expires:

Lunderstand that I have been designated a; (circle appropriate designation or cross out if N/A)

Sexually Violent Predator Offender Against Children
(Offender initials) (Offender initials)
Sex/ Violent Offender (circle one) Internet Restrictions IC 35-42-4-12,
(Offender initials) (Offender initials)
A tg S Bra ehh 5. Beowd lai
af {yk Offender Printed name Date

SS

Thereby certify that the above offender was informed of the obligation to register with local law
enforcement as required by-JC 11-8-8,

de Dohobve 9-212.
Title

Department Official Date

NEXT REGISTRATION DATE:__?=#/S
Right Thumb

lattest that 1 understand my dutles and obligations as listed above ~\ B so dated 9 / 7 Zote

7 Revision 2 August 2012

NOBLE CO SHERIFF 0080



BROWN, JEFFREY

Doc# 9&6175
SSN:

wat New Castle indiana
"DATE OF RELEASE
o2/19/2008-

RELEASED

NOBLE CO SHERIFF 0107



Page 2 Page 4
1 APPEARANCES: 1 EXHIBITS
2 2 DEFENDANTS’ EXHIBIT
3 MR. CHRISTOPHER C. MYERS PAGE
Christopher C. Myers & Associates 3. Deposition Exhibit
4 809 South Calhoun Street, Suite 400 4 (Notification of Sex and Violent Offender Registration)
Fort Wayne, Indiana 46802 a
5 (260) 404-0600 Deposition Exhibit
cmyers@myers-law.com 5 (Change Form)
6 y ryers-law 6 Deposition Exhibit G..
1 (On behalf of the Plaintiff; Change Form)
8 Deposition Exhibit H.
9 MR. ROBERT T. KEEN, JR. 8 — (March 2, 2016 letter to Detective Dunafin)
Barrett McNagny, LLP 9 Deposition Exhibit 39
10 215 East Berry Street (March 7, 2016 letter to Detective Dunafin)
P.O. Box 2263 10
i Fort Wayne, Indiana 46802 Deposition Exhibit 39
(260)423-9551 11 (March 7, 2016 letter to Sheriff Harp)
12 rtk@barrettlaw.com 12. Deposition Exhibit K.
13 (March 8, 2016 letter to Detective Dunafin)
On behalf of the Defendants. 13
4 Deposition Exhibit L.. Ad
15 14 (Investigative Notes Report for Jeffrey Scott Brown)
15
16 16 wae
7 eee
17
18 18
19 19
20 20
21 I
2 2
23 23
4 4
25 25
Page 3 Page 5
1 INDEX
5 ‘THE DEPOSITION OF 1 JEFFREY SCOTT BROWN
3 JEFFREY SCOTT BROWN 2 Called as a witness by the Defendants, having
4 3 been first duly sworn, was examined and
5 DIRECT EXAMINATION \
PAGE 4 testified as follows:
6 BY MR. KEEN. Ss DIRECT EXAMINATION
7
CROSS-EXAMINATION 6 BY MR. KEEN:
8 PAGE 7 Q Please state your full name.
9 FY MR MYERS.- 8 A. Jeffrey Scott Brown.
10 REDIRECT-EXAMINATION 9 Q Mr. Brown, what's your date of birth?
PAGE
i BY MR. KEEN...., 10 A 4/10/64.
2 11 Q Have you been through the process of a deposition before?
3 vee 12 A No, Lhaven't,
4 13 Q Sol'm going to ask you a series of questions that relate
15 14 to the lawsuit that you filed against the Noble County
6 EXHIBITS 15 Defendants who I represent. Kristin is our court reporter.
DEFENDANTS' EXHIBIT 16 And L know you have probably seen court reporters before.
7 PAGE . t .
Deposition Bthibit A. as 17 Their job is to take down everything we say and make a
18 (Notification of Sex and Violent Offender Registration) 18 record that your attorney and J can use in connection with
19 Deposition Exhibit B..
{Noble County Sheriff's Department Sox sar Violent 19 your case.
20 Offender Registration 20 It's important you keep answering all my questions
21. Deposition Exhibit C. 21 21 with verbal responses, because Kristin can only take down
(Notification of Requirement to Register as a Sex or : an .
22 Violent Offender) 22 what you say, Sometimes people forget. 1 will just remind
23 Deposition Exhibit D. 25 23 you that you need to answer out loud.
(May 3, 2012 I
» ere) 24 A Thank you.
25 25 Q It's also important we don't talk at the same time, because

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_ (OFFICE USE ONLY) |
out ‘OF STATE CASE INFORMATION:

(or other INDIANA cases)
Coramitted date Conviction Date Release Date
Conviction State Conviction County__. Court,
Cause Number NCIC Code.
Sentence /Served

VICTIM INFORMATION:

| Child: Yes or No Elderly: Yes or No Disabled: Yes or No Gender: Male or Female

Your relationship to the victim at the time Age of victim
Charge #1
Indiana Equivalent Felony Level
Charge #2
i Indiana Equivalent Felony Level
Charge #3
Indiana Equivalent Felony Level
Charge #4
Indiana Equivalent __ Felony Level

OUT OF ‘STATE CASE INFORMATION: :
(Or other INDIANA cases)

Conviction Date Release Date.

Conviction State. Conviction County Court
Cause Number NCIC Code.
Sentence _. Served

VICTIM INFORMATION:

ll Child: Yes or No Elderly: Yes or No Disabled: Yes or No Gender: Male or Female
Your relationship to the victim at the time Age of victim

Charge #1

Indiana Equivalent Felony Level
Charge #2

Indiana Equivalent Felony Level
Charge #3 5

Indiana Equivalent Felony Level
Charge #4

Indiana Equivalent Felony Le Level _ __

| attest that the information that ! have provided and listed above
Is accurate and complete to the best of my knowledge so dated

Revision 2 August 2012

NOBLE CO SHERIFF 0076



é

y

Stale Form 46656 (R11 / 7-08)

Notification of Sex and. VioteM@bifender Registration ResporMPilities and Other Duties

record cannot be processed without it.

“This agency Is requesting the disclosure of your Social Security Number in accordance with IC 11-8-8. Disclosure is mandatory; this

Full Name of Offender (first, middla, last,
and suffix)

SeLfreg$. Brora

is the-offerides a.
‘Ic 36-38-1-7, 6

¥ Is the offender-an of
S 35-42-4117

1p |: How Idng Ie the:
+ | registerunder I
DOC Number (if applicable) Did the offender successfully complete the Indiana Yes Enter Date
Department of Correction’s Sax and Violent Offender Completed.
“ Registration Course? 0
Sb1VS
Social Security Number Date of Birth FB! Number
Lioflag Pin NG PAL
Cause # IC Code (or olit-of-state cade) Felony Level
Y2 Dot TeOY CF 327 bs-Yearyeg FNGL
frat Statu 6 Parole: Probation ccietP Discharged Other
Release Date (walkqut dale) Next Registration Date ”
Gta fiz T1zs Hoses .
é “ le wy “Reylstered Atidress * . oe, . |
(sberk Streal Address City Stele Zip Cade
Bron |Ja4) E Hwy ly Brimfidd | is tugiay
Work Street Address City State Zip Cade
School Street Address City State Zip Code

[have read or have had read to me the Information contained In "Sex and Violent Offender Reglstration Responslhilities and Other
Duties". By my signature, | acknowledge that | hava received a copy of this informalion and that | understand my registration duties end
obligations under IC 11-8-8, IC 35-42-4, and other corresponding Indiana Statutes.

Signature of offender

Printed name of offender DOC number

Date (month, day, year)

Si

y
ignal witness ..
“Ld Sour

the that the above offender was orally informed and provided a copy of the information contained in “Sex and Violent
ler Registration Responsibilities and Other Duties”,
I

Printed name of witness

v
EXHiBiT__E
WIT:
Date:_2~20-/

Kristin J, Nichols, CSA, RPR

NOBLE CO SHERIFF 0139



Page 46
1 was 17 when I got out, They told me I couldn't see her,
2 have no verbal conversations on the phone or nothing, J
3. said, "I don’t have a case against a child, This was their
4 mother." And their mother even come and seen me after
S_ that.
6 Q Who was it that told you that?
7A. The parole office.
8 Q That was the parole office, not Miss Truelove?
9 A No, it was not. Itwas a parole stipulation.
10 Q Right.
11 A. And 11 got another doctor, Dr. Surakanti, if you need to put
12
13 Q_ During the time that you were out of jail and prison

him down to check all this.

14 between 2009 and now when you worked the self-employment
15 jobs you described, did you file tax returns any of those
16 years?

17 A No, Idid not.
18 Q Did you keep any record of any earnings you had during
19 those periods of time?

20 A. No, I did not.

21 Q With regard to the lawyers that you hired to defend you in
22 the criminal cases, was it only Richard Thonert, the
23 non-public defender, was he the only one you paid yourself?

24 A And John Owen.
25 Q You paid him as well?

Page 48
1 included in that.
2 Q Who is that?
3 A Howard Hanson, from the public defender’s office.
4 Q When did he represent you?
5 A September of 2012. Right around there. 1 come back on
6 post conviction again that I filed because of the Boykin
7 rights, And then he talked me into signing the same plea,
8 Q Have you made any formal claim against him for malpractice?
9A No.
10 Q Have you ever filed any lawsuits or claims against anyone
11 else for violation of your constitutional rights?
12 A In Michigan City | did against John Barns, I believe the
13. employer was.
14 Q Is that a prison guard?
15 A Prison counselor.
16 Q What was the nature of that claim?
17 A Iwas ina cell down close to the range. I said, they told

18 — me 1 was going to have to be moved all the way down to the
19 other end. 1 said, "If you do that I will be stabbed

20. tomorrow."

ai They said, "Just a minute." He goes downstairs,

22 comes back. He goes, "Soy. Nothing I can do."

23 He moved me down there and I got stabbed the next

24 day.

25 Q When was that?

Page 47

1A Yes, sir.

2 Q What did you pay each of them to represent you in those

3 criminal cases that dealt with the sex registration

4 charges?

5 A John Owen was only like $450, And I wrote him a letter,

6 giving hima chance to make that right, He just ignored

7 me.

8 Q What about Mr. Thonert?

9 A Mr. Thonert, we settled out of court, me and him did, He
10
11 if you are supposed to disclose it.

gave me my money back and a little bit more. I don't know

12 Q Itdepends on whether you signed something that made ita
3
14 A [can't remember, So 1 probably should not say.

confidential settlement.

15 Q That's fine. But at least it covered what you paid him, he
16
17 anymore?

18 A Correct,

19 Q Did you ever make a formal claim of malpractice against
20 those lawyers?

21 A No, Idid not. Not against Mr. Thonert. Mr. Owen I

22 thought about. I --

23 Q Don't tell me what you talked to Mr. Myers about, But you
24 haven't done so so far anyway?

25 A No, sir. But there's another attorney that should be

reimbursed you that money so you didn't have that cost

Page 49
1 A [believe it was 2002. January 9th.
2 Q Was that an actual lawsuit you filed then against the
3 counselor and state?
4A Yes, sir.
5 Q And did it go to court?
6 A Itdidn’t go to court, I just backed out. I was just
7 upset.
8 Q You just what?
9 A. Iwas upset. Just wanted to show them what they did was
10 wrong, [just said, "I don't even care." Because I first
11 did it myself, you know. Then I had some attorney from

12 Indianapolis step in. Then he wanted to back out. He
13 said, "I want to change my mind."

14 The judge told him it was too late, too far along in
15 the case, that he couldn't step down. But I didn't want to
16 force the gentleman to represent me if he didn't want to.
17 So Ljust said, "The heck with it."

18 Q So you voluntarily dismissed it then?

19 A Yes.

20 Q Any other lawsuits or claims you filed for violation of
21 your rights besides this one?

22 A In 1983?
23 Q Yeah. Anything to do with your civil rights or

24 — constitutional rights?

25 A No, Lapologize. I don't want to make any misstates here.

13 (Pages 46 - 49)

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Page 58
1 "Well, how long are you going to be here?"
2 I said, "Until July. July 18th."
3 She said, "Well, they'tl just pull it."
4 said, "I can’t afford it.”
5 Q Would you have preferred some kind of care for your teeth,
6 though?
TA Yes.

8 Q Did you ask to be seen by a dentist?
9A Well, when she told me it would cost me $30 I told her, "I
10
11 Q Areyou indigent? Do you have any money at all?

will just pass.”

12 AL got very little. You starve if you don't spend it on the
13° commissary.

14 Q So the nurse indicated that you were going to have to be
15 charged money to have your tooth seen?

16 A. Yes, sir. And brought up to her, I said, “Well, if I'm

17 Indiana Depariment of Correction sentenced why wouldn't it

18 just cost me $5? Because that’s all it costs you in the
19 Department of Corrections.”

20 She said, "Well, because you are not there, are
21 you?"

22 Q So you were denied tooth care for lack of funds?
23 A They would have billed me, but I'm not going to let them
24 bill me $30. ‘Then I don't have nothing to eat.

25 Q Regarding your access to your psychological meds for

Page 60

1 that you are denying me this.” This was like last year.

2 Butit's still up there in the kiosk because I went through

3 my medical request and it was still there.

4 Q How long have you been requesting these medications in this

5 jail? Going back to the last year?

6 A Absolutely. They took them from me then.

7. Q Tobe discussed. Allright. Let's talk about this issue.

8 AsT understand it from -- I'm not going to get specific

9 with the dates, but 2009 up through looks like March of
10 2016 you have come back to Noble County and were advised by
11 different Noble County Sheriff employees, Hartman, Dunafin,
12
13 regarding your obligation with respect to this registry.

pethaps Wanda Truelove, they assisted you or told you

14 MR. KEEN: Object to the form of the question
15 as leading, Also I think it misstates the

16 evidence, I's also compound since there's

7 multiple people.

18 Q Is that my understanding?
19 MR. KEEN: Same objection.

20 Q Inother words, that’s the question that's pending, He's

21 already objected so you don't have to listen to his

22 objection again. My question is, is from 2009 to March of
23° 2016 --

24 A. None of them four individuals informed me that I didn't

25 have to register at all,

Page 59
1 anxiety and depression, what were the medications you were
2 on?
3A Haldol and Artane.
4 Q Is Artane, A-r-t-a-n-e-s?-
5A. They will know.
6 Q And you mentioned another drug called, is it Trihexyphen?
7A Trihexyphen. That's with a ph instead of an f,
8 Q Trihexyphen?
9A
10Q
11 necessitated you having these what you call Artanes and
12 Haldol?
13 A Haldol.
14 Q And you were not able to get those drugs in this jail?
15 A Absolutely.
16 Q How long have you been deprived of those medications?
17 A. Byer since | asked her.
18 Q How many months?
19 A. Probably a month now, because she has the date I was in

‘That is just the generic form name of Artane.
So you had this condition that normally would have

Page 61

1 Q And these individuals all operated under the supervision of

2 the Noble County Sheriff?

3A Absolutely.

4 Q They're all Noble County Sheriff employees, or officers, or

3 detectives?

6A Yes, sir.

7 Q You are not a lawyer. You have already testified to that.

8 Are you aware of the concept of presumed to know the law,

9 that an officer or a state actor is presumed to know the
10
11 A. 'maware of that because they make me aware that ignorance
12
13 Q So from 2009 going forward you have been involved, as 1
14
15 employees, you have been involved with judges, you have

law; are you aware of that?

is no defense.

understand it, with Indiana Department of Corrections

16 been involved with public defenders, you have been involved
17 with the local Sheriff, that is, the Noble County Sheriff
18 and his employees and agents and detectives and officers.

19 And none of them throughout this whole process indicated to
20 you that you did not have to register?

21 A. Nota single person.

22 Q You found that out on your own?

23 A Yes, sir.

24 Q Now, going back to 2009, if you didn't have to register as
25

20 there and asked her marked down. To bring to your guys
21 attention I even put in on the kiosk saying I'm court

22 ordered by the judge to take those medications.

23 She said, "I don't see no court order anywhere. You
24 — have to have the judge send it over here.”

25 I said, "I will let him know when I go before him

an offender would you have been incarcerated or sent back

16 (Pages 58 - 61)

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