Lake Superior Court Judge John Sedia has vacated a protective order that a Hammond councilman took out against his former opponent pending a continuance.
Anne Herbert, 65, and Councilman Anthony Higgs, D-3rd, appeared Tuesday in Lake Superior Court in Hammond. Of two police officers who were subpoenaed to testify on Higgs’ behalf, however, only one showed up. The other was on vacation, Higgs attorney, Jonathan Petersen, said Tuesday.
Since the burden of proof falls on Higgs, Petersen said Sedia said they could continue the hearing at a later date but vacate the protective order until the next hearing, or keep the protective order in place as long as Herbert didn’t object. Herbert objected.
“Since the judge has to basically give each person half a loaf, I spoke to Anthony, and he said he would go for the continuance,” Petersen said. “Really, there was nothing out of the ordinary that happened today.”
Higgs filed the order of protection Aug. 24 against Herbert, who challenged Higgs in the May primary and contends in court documents that Herbert has stalked him, placed him “in fear of physical harm” and tried to get him fired from his job in the Lake County Clerk’s Hammond office. The order barred Herbert from having any direct nor indirect contact with Higgs and kept her from being in the Lake County Clerk’s Hammond office or the City Council chambers when he’s present.
Herbert has denied the charges.
Now, Petersen said Herbert will be allowed to be at both those places until the order is decided.
“I certainly recognize there’s a First Amendment issue, and I don’t want to minimize that (Higgs and Herbert) are former opponents. But I believe with the information (Higgs has) provided, this is more of a conduct issue,” Petersen said.
Hammond Councilman Bob Markovich, D-At-large, attended the hearing because the issue hits close to home for him. He has had his windows broken and car vandalized before by people because of his position on the City Council, he said.
“It’s gotten so bad before that I’ve told my wife and kids to deny that they know me,” he said. “Judges have made sure (by law) people aren’t allowed to carry weapons when there’s a courtroom, but where’s the protection for other elected officials? I wanted to find out what recourse we have.
“It’s a serious thing.”
Herbert said she objected to the continuance because she came prepared to defend herself.
“I was ready to settle this matter,” Herbert said.
Sedia set the new court date for 8:30 a.m. Sept. 23.
Michelle L. Quinn is a freelance reporter for the Post-Tribune.
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