The fifth and sixth lawyers to represent Donald Johnson, the 58-year-old Porter resident accused of more than a dozen counts of securities fraud, were granted their motion to withdraw as his legal counsel Friday morning in a Zoom hearing before Porter Superior Court Judge Jeffery Clymer.
“It’s readily apparent to the court that there has been an absolute breakdown between the defendant and his current lawyers,” Clymer said at the beginning of the hearing. “It is also readily apparent at this point that there’s not going to be an acquittal, there’s not going to be a plea.”
To that point, Johnson maintains his lawyers Julie Treida and Bob Hammerle did not perform their due diligence and tried to force him into a plea deal that he did not agree to and made a motion to have them return their $150,000 fee. Clymer denied the motion.
He also denied a Motion to Reconsider filed by Johnson asking Clymer to reconsider his third Motion to Dismiss.
“I believe strongly in my motion to dismiss,” Clymer said.
Also present were Lake County Deputy Prosecuting Attorney David Rooda, who is serving as special prosecutor, and Gabriel Brown of the Indiana Securities Division.
Johnson was initially charged in Porter Superior Court in March 2014 with 14 counts related to securities fraud, Class C felonies at the time. Two months later he was charged with one count of forgery, also a Class C felony, and two counts of theft, Class D felonies, in a related case.
The allegations date back to 2007 and include multiple victims who allege the loss of hundreds of thousands of dollars in real estate investments when they did not get the returns they were promised by Johnson, nor return of their initial investments. Clymer pointed out that Treida and Hammerle were successful in petitioning the Indiana Court of Appeals to throw out two of the 17 counts. “They have benefitted you,” he told Johnson.
Johnson tried to explain what his specific complaints were against his lawyers.
“My attorneys haven’t prepared. They haven’t done depositions with my witnesses,” he said.
Clymer explained that he didn’t want to know any details, because if Johnson is convicted, he will be the one sentencing him, and should not be prejudiced by any information that should be protected by attorney-client privilege.
Johnson finally chose to represent himself.
“I’m the one who knows the case,” he said. “I feel like I have a better chance than an attorney that’s unwilling to do the work.”
Johnson balked at the trial time frame. A final pre-trial hearing has been set for 1 p.m. on Friday, Oct. 6 and the trial will begin on Monday, Nov. 13.
“Only two months left, I’m supposed to do it all myself, or a public defender who has a heavy caseload and only gets a couple hundred dollars,” Johnson said.
Clymer said he will stress two points with the jury at that time: that Johnson enjoys a presumption of innocence during the trial, and that the state bears the burden of proving beyond a reasonable doubt Johnson’s guilt.
He also advised Johnson that he could opt for a public defender at any time, though the sooner the better, to allow a new attorney as much time to prepare as possible. “If you are convicted of Class C felonies, you could be sentenced to years in the Indiana Penitentiary. Years. This is a serious case.”
Shelley Jones is a freelance reporter for the Post-Tribune.