Saturday, October 30, 2010

Judge put on trial for parking hypocrisy

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BEECH GROVE, Ind. (WISH) - You get a parking ticket. You get angry. You begrudgingly pay it. that's the case for the majority of would be offenders, but not one Indianapolis woman. When Charity Bryan got a parking ticket, first she got angry, and then she called 24-Hour News 8.We started investigating, digging through documents, attending court hearings and we l'article a disturbing double standard.

Charity Bryan is a wife, a mother of four, an avid Colts fan and one heck of a fighter.

"I believe God left me here for a reason," she told us, as we visited with her on the front porch of her east side home.

A freak accident on a friend's go-cart stole the use of her legacy, but it couldn't can't take her spunk.Doctors witnessed that as weeks clay into months of intensive rehabilitation.And we witnessed the feisty redhead's fire after she encountered what she believes is Beech Grove justice run amuck.

"This ain ain't right, and I'm not paying it," said Bryan as she pointed to a $75 parking ticket.

She says she and her husband got the ticket after leaving their van in a parking spot reserved for the handicapped at the Beech Grove Wal-Mart.

"Oh I was mad," said Bryan.

She's had a handicapped placard since her crippling accident five years ago.Her husband always drives her around in one of the family vans just as he did on that day to Wal-Mart. She says the closet had fallen off the rear view mirror and was on the dashboard. When she and her husband discovered the ticket, they sure were police would throw it out.

"So we went to the police station to try to explain it to them, and they told us we had to go to short," said Bryan.

And that's where they went.Goal Bryan says what happened behind the closed doors of the Beech Grove Traffic Court was a farce.

"The judge was rude." "He wouldn't can't let me talk," said Bryan.

She says the judge gave far more weight to the officer's testimony that her closet wasn't ain't where it was supposed to be. It didn't matter that she was paralyzed, but that she legally had a closet.In the end, the judge lowered her ticket cost from $75 to $10.50 goal tacked on $114.50 in court costs, bringing her ticket cost to $125.

Bryan says the judge didn't sympathize with her plight at GER. And what surprised her most is that the Honourable Charles Hunter uses a wheelchair.

"He came out in a wheelchair and I thought, 'OK, he'll understand and he'll dismiss it,'" she said.

No such luck. I - Team 8 wanted to know why, so we decided to visit the judge.

"I'm an old timer," Hunter said laughing as he adjusted his microphone.

His self-description is accurate. Judge Hunter is 87. Local GOP leaders brought him out of retirement in 2007 to run for judge of Beech Grove's newly-created short traffic. When we asked him about Charity Hunter's case, the judge said he didn't remember it.

Judge Hunter hears cases once a month and it's been just 14 days since he presided over Charity Bryan's trial, but he has no memory of the box.So we posed a hypothetical scenario.

We asked if someone could indeed prove that they had a handicapped placard and they were indeed disabled, even if the closet wasn't ain't where it was supposed to be, would he dismiss the ticket?

"If they actually were disabled and they had a closet I wouldn't can't find them guilty, no," he said.

That was interesting considering the fact he had done so in the Bryan's case. I Team investigators asked the judge to take a second look at the case, and he agrees.

After a week Judge Hunter promised to take a second look at Charity and Robert Bryan's parking ticket. It's back to court, and this time I was there to watch.The proceeding is, by my clock, 2 minutes and 48 seconds. When Bryan argues she is paralyzed and her handicapped placard had fallen off her rear view mirror, Judge Hunter dismisses the argument with a wave of his hand.

"I believe this is how they make their revenue, their money," said Bryan Charity after leaving short.

In 2009, the traffic court brought in just over $86,034.50 for the city of Beech Grove. But running the short is expensive. Subtract the judge's part time pay, which is $42,000.Employed for the clerk bailiff and other professional services total $115,878. Benefits total $8,560.That brings the total short's 2009 budget to more than 166,400 dollars last year. That means the traffic court ended 2009 more than $80,400 in the red. And they're going need to bring in more money to break even this year.

Beech Grove city county treasurer, Chris Duffer, told I-team 8 the city traffic short opened two years ago with the hopes that it would become returned source for the city.

I team 8 investigators want to ask the judge that very question, and we wait for him outside the short. It's then that we spot a car parked in right in front of the door in a handicapped spot.There is neither a closet on the mirror nor a handicapped designation on the license plate.

And so we waited.We had to know who owns the car parked illegally in a handicapped spot right in front

of the traffic court door.Within minutes, we watched astounded as Judge Hunter's his took him to the car.

When we told the judge that he was illegally parked, he laughed.The deep irony of the situation seems to strike him as funny.But soon the judge stops laughing and stops talking.

"I just neglected to put it up there," his his interjected.We then reminded them that Judge Hunter rejected that argument in court when the Bryans told him the same thing.

"I didn't get a ticket, did I?" the judge said.

"So, it's just their bad luck for having gotten a ticket?" we asked.

"I guess so, yeah." he responded.

For Charity and Robert Bryan, that's unacceptable.For them, it's more than a parking ticket.It's a matter of justice.

"This is wrong, and it's no. telling how many other people they've done this to that won' t press the issue.""But I m going to push this is far as I can," said Bryan Charity.

We've been digging through Beech Grove's traffic short records to try to find out whether defendants who go to court are getting a fair shake.But the court No. keeps record of the judge's rulings.The only formal record kept is the money collected at the end of the month.

Charity Bryan is currently hospitalized with a condition related to her paralysis.But she's still planning to appeal.And when she goes to short again, we'll be there to cover it.

As for Judge Hunter, he continued to serve as Judge of the Beech Grove short traffic.Indiana Supreme Court judges must withdraw at 75, but no such limitations apply for local traffic courts.

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