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Thursday, March 28
The Indiana Daily Student

Attorney asks for investigation of county lawyers

Probe of prosecutor’s office requested in court motion

A Bloomington attorney filed court papers July 19 asking a for a special prosecutor to investigate the Monroe County Prosecutor’s Office.\nDavid E. Schalk, a criminal defense attorney, according to a motion filed at the Monroe County Circuit Court, is asking for a special prosecutor to investigate “possible criminal activity by members of the Office of the Monroe Prosecuting Attorney including Robert T. Miller and Joseph Lozano” for removing Schalk as defense attorney from a trial.\nSchalk’s claims are in response to documents filed July 9 by County Prosecutor Christopher Gaal, asking the County Circuit Court to appoint a Special Prosecuting Attorney to investigate Schalk's attempt to “orchestrate an independent controlled buy of a controlled substance in an effort to discredit” a witness that was to testify against Chad Pemberton, one of Shalk's clients. Schalk was then removed as Pemberton’s defense attorney by Circuit Court Judge Marc R. Kellams. \nPemberton was charged with two counts of dealing methamphetamine, both felonies, the documents said. Pemberton’s court date was set for July 2 but was stalled due to Schalk’s removal.\nIn the papers filed by Shalk on July 19, he contends that the purpose of the independent-controlled buy would have shown that a confidential informant, whom Schalk was trying to prove was also an active drug dealer on the side, would have helped in clearing Pemberton of his case. Schalk contends in the papers filed that if he could prove that the confidential informant was dealing drugs on the side then the informant also had good reason to give false information to protect himself.\nSchalk is also accusing Miller and Lozano of “abuse of prosecutorial power,” according to the documents.\nAccording to the documents, Miller and Lozano filed papers to prosecute Schalk in order to delay the July 2 speedy trial of Pemberton. Schalk contends that because he would not agree to extend the July 2 trial date, Miller and Lozano threatened to prosecute him.\n“Threatening David Schalk didn’t work so they took their case to the judge, showing him the situation they had created with their threats,” Schalk wrote in a brief in support of motion to expand the duties of the special prosecutor or to appoint a separate prosecutor.\nSchalk, according to the documents, said Miller and Lozano’s idea was to scare Schalk so that he would be afraid to defend himself against an "improper prosecution" and that Pemberton's case would be sacrificed so Schalk could protect himself from any harm.\n"The deputy prosecutors’ (Miller and Lozano’s) ploy worked; the Court removed David Schalk as Chad Pemberton’s lawyer and continued the trial beyond the speedy trial deadline," Schalk wrote in the motion.

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