Taxpayers Duped

The following concerns were presented orally and in writing to the Jefferson County Council at their September 9,2011 meeting. However, the council had already moved to succumb to Mr. Armand's demands for reimbursement of his legal fees rendering our presentation moot. Since the local paper did not bother to cover the meeting, this action was never reported or openly disclosed to the public ... until now.   9/13/2011 The Jefferson County Council is Addressed Mr. Armand, as administrator of the Jefferson County Health Dept. is granted limited authority to enter private or public property under Indiana 410 IAC 6-10-4 [1] and the Jefferson County Ordinance. However, nothing in the State of Indiana or County Health code grants unfettered access to anyone, including Mr. Armand to enter a private home without the permission of the owner or a warrant. Whether or not Mr. Armand’s assertions are within the limits of his authority, his actions are considered an act under color of law [2] since he purports to be conducting himself in the course of official duties In regards to his official capacity, Mr. Armand used his position to commit a crime when he illegally entered and removed blueprints from the private home/pole barn he was allegedly inspecting and then lied to the authorities about his actions. It is the Grand Jury’s responsibility to safeguard individuals from unfounded prosecutions and to protect the general public from crime and criminals. The Grand Jury Indicted Mr. Armand with the crimes of Obstruction of Justice, a class D Felony under Indiana Code 35-44-3-4  and False Informing, a class B Misdemeanor under Indiana Code 35-44-2-2, based on the State Police investigation. In the court Order (Exhibit E) dismissing both charges, genuine issues of material fact are acknowledged by the judge, yet he made a conclusion of law without citation to the proper authority. The judge is not in a position to speculate on what the State Police may or may not have known about Mr. Armand’s position, his alleged authority, or if his actions fall within the scope of his duties. These issues are reserved for a jury to decide. Failed Prosecution Mr. Armand was charged with making a false record, that is: A FALSE STATEMENT, to mislead the State Police about whether he entered a barn with permission. In the Order to Dismiss, the judge plays a word game by stating …Mr. Armand is charged with making a false record. A statement is not a record. Mr. Armand therefore cannot be found guilty of the crime … Poof, without any citation what-so-ever, both  charges are arbitrarily dismissed. The prosecution could have amended the charges at anytime, but due to the cost of continued litigation of a low level felony, they neglected to do so. Now, more than 3 years and $38,000 later, we the taxpayers are expected to simply reimburse Mr. Armand for his criminal actions on a failed prosecution, with no case…

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