The out-of-county prosecutor who was picked to consider whether a Franklin police officer should face a criminal charge has removed himself from the case, citing a possible appearance of impropriety due to his ties to the county.
Ted Adams, the Brown County prosecutor, notified a Johnson County court in January that he was stopping his investigation and would not make a decision regarding a potential criminal charge against Franklin Police Officer Bryan Burton, who, along with his wife, was arrested on a charge of domestic battery in October.
Adams said he was still capable of making an honest, impartial decision about whether Bryan Burton or his wife should face a charge, but he wants the public to have faith in the legal system. So another prosecutor without his ties to the county should review the case, he said.
“I want folks to know, the system is working,” Adams said.
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Johnson County Superior Court 2 Judge Cynthia Emkes selected another special prosecutor, and earlier this month appointed Fountain County Prosecutor Daniel L. Askren to review the matter.
Adams had been selected by Emkes initially because she has known him for more than 10 years, he is located nearby, which cuts down on costs, and he already is handling another Johnson County case. Under state law, she could have asked any prosecutor or deputy prosecutor in the state, but picked one who had worked in Franklin extensively.
Adams worked in the prosecutor’s office starting in 2005 when Johnson County Prosecutor Brad Cooper was a deputy prosecutor, then was recruited to work at a local defense firm and became a partner in 2007. Adams worked at the Franklin law office until he was elected Brown County prosecutor a year ago.
He filed a motion to recuse himself from the case because a story published in the Daily Journal that explained his ties to the county could lead to the insinuation that any decision he made was tainted, he said. For example, if he filed a criminal charge, it could be viewed by the public as being done under pressure from the media, he said. If he didn’t file a charge, it could be viewed as protecting a police officer because Adams once worked as a deputy prosecutor in the same county, he said.
After the story was published, Adams began reflecting more and questioning himself about a possible appearance of impropriety, and it became clear to him that he should recuse in order to avoid casting any shadow of doubt on the process, he said. He gave the matter much consideration, including asking acquaintances if his ties to the county would suggest to them an appearance of impropriety, he said.
“I want to do what is right,” Adams said, noting he loves the Johnson County community and wants to serve it well as an elected public official.
He said his ties to the county are well-known and what makes him a likely pick as special prosecutor in this or other cases. But based on the news story and the subtitle “Official chosen in case against officer has ties to county,” he “can only surmise there is an insinuation of an appearance of impropriety,” he wrote in his court motion declining the case.
The questions regarding his connections to the county, the prosecutor’s office and Burton posed to him for the newspaper story about his appointment gave him pause, because he has prosecuted former clients from his private practice, and that has not raised ethical questions, he wrote. When people being investigated by his office have a friendship with him, he removes himself from cases due to the potential appearance of impropriety, he wrote. He knew of Burton from his time as a deputy prosecutor in Johnson County, but more so as a criminal defense attorney, he wrote. The relationship was not a friendship, and he would not recognize Burton, Adams wrote.
Before he decided to decline the special prosecutor appointment, Adams had reviewed the investigation by the Johnson County Sheriff’s Office and launched an additional investigation. He had consulted the deputy prosecutors in his office and brought in his office’s investigator to get more information in considering whether Burton or his wife should face a charge from the Oct. 23 incident at the Burton home.
Adams had been working on the case for more than a month when he decided to recuse himself, and he had used a Brown County investigator to conduct follow-up interviews to avoid any appearance of impropriety due to Burton being a Franklin police officer.
The matter under investigation is a report by Jordan Burton, 31, that her husband, Bryan Burton, 41, had grabbed her by the arm after an argument started when she tried to leave the home with their baby. She did not want another juvenile in the home watching the baby, according to the Johnson County Sheriff’s Office report.
While she was walking to the vehicle, Bryan Burton grabbed her arm in an attempt to stop her from leaving, she told police. She also reported that he then disconnected the battery from the vehicle, the report said. Bryan Burton’s juvenile son told police Jordan Burton punched him in the head.
Bryan Burton and Jordan Burton were arrested.
Cooper had made the initial request for the courts to appoint a special prosecutor because Burton’s construction company was hired to do work at Cooper’s home.
Cooper and Burton have been linked in past cases, including in 2011 when Burton, who was suspended from his police officer job and facing two criminal charges, was fraternizing with Cooper, the elected official who oversees all criminal cases.
This is the second time Cooper has asked for a special prosecutor to review possible criminal charges against Burton. In the 2011 case, which was investigated by the Indiana State Police, Cooper requested a special prosecutor because Burton had been working as an undercover drug detective and had been a witness in multiple cases for the prosecutor’s office.
