Court: Woman's convictions must be 'expunged'

PORTLAND – A state appeals court has ordered Jay Circuit Court Judge Brian Hutchison to expunge a former Dunkirk woman's convictions for dealing in methamphetamine and forgery.

In a ruling last Nov. 13, Hutchison declined to expunge records of the prosecution of Mindy M. McCowan, who was 22 when she was convicted of forgery in August 2003 and 23 when she pleaded guilty to dealing in meth in September 2004.

At a hearing a day earlier, Hutchison had told McCowan he didn't “have any fond memories of you... (and) your criminal behavior.”

The judge focused in part of McCowan's meth-related conviction.

“Putting it bluntly, it's a pain in my ass,” Hutchison said. “I have (to) deal with meth and heroin every damn day here, and I've... I've had a belly full. I'm not doing favors for people who are causing these problems in Jay County.”

In a 2-1 ruling last week, the Indiana Court of Appeals said “the trial court abused its discretion,” adding that "all evidence presented... mitigate toward expungement."

McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications, according to the ruling.

In that majority opinion, Judge L. Mark Bailey wrote that Hutchison's “articulation of (his) evaluative process to be particularly troubling.”

“Undeniably, methamphetamine and other illicit drugs are a burden on communities and judicial resources,” Bailey added. "That said, our legislature has provided a second chance for individuals who have in the distant past committed drug-related crimes. Although the trial court is granted discretion, this does not extend to disregard of remedial measured enacted by our lawmakers.”

In a dissenting opinion, Judge Michael Barnes said he believed Hutchison was “within discretionary parameters” when he denied the expungement request.

Barnes acknowledged Hutchison's commentary was “not exactly artful, and unnecessarily harsh.”

Contact news reporter Douglas Walker at (765) 213-5851. Follow him on Twitter: @DouglasWalkerSP.