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Schuerman
pleads guilty to misdemeanor charges after ten year legal battle
Wanda English Burnett - Editor
Batesville attorney, John Schuerman, pled guilty May 17 to three
misdemeanor deception charges in Jefferson County Court, serve
no jail time, and hopefully get his reputation restored, according
to his attorney, Robert Hammerle of Indianapolis. In a press release
sent by Hammerle to The Versailles Republican, Schuerman is quoted
as saying, As many of you know, my lawyer, Bob Hammerle,
also grew up in Ripley County. Both of us learned long ago to
appreciate the innate common sense of the good people of this
area. As a result, we both hope that the people of this community
will see this resolution for what it is, mainly a belated admission
by those who initiated this prosecution that a monstrous mistake
was made."
The initial grand jury indictment against Schuerman came down
in 2001, and included ten felony counts that ranged from money
laundering to forgery. Special Prosecutor Brad Landwerlen represented
the state in that case.
The ensuing legal battle spans ten years, starting from the time
Schuerman represented Garco Developments, Inc., Gregory Reeves,
in June and July of 1997. He was simply a lawyer representing
this development group, began Hammerle, who said that Schuerman
has paid dearly for a little known statute that says it is a crime
to receive money while in debt.
To explain further, Hammerle told The Versailles Republican
that his client (Schuerman) had sent a letter to a homeowner requesting
payment. This letter was a follow-up on a contract between Garco
(Schuermans client) and the homeowner. The letter failed
to note that Garco was indebted to subcontractors who were working
on the home. That is the mistake that began Schuermans ten-year
legal battle. Garco Developments eventually went bankrupt, according
to Hammerle.
Hammerle says he has since learned that it is a crime for a person
in the construction industry to receive a payment from a homeowner
while they are indebted to subcontractors who are building the
home. Ive been practicing law for over 30 years,
Hammerle noted, and, I didnt know about this statute.
He said he was stunned to learn about the statute. However, saying
ignorance is no excuse for the law, his client has agreed he is
guilty of sending three letters, and will plead to that effect.
On the subject of Milan businessman, Henry Rose, who had invested
with Garco and lost money, Hammerle says Rose misled the grand
jury with multiple misrepresentations. Just one example
is that he presented himself as being illiterate and said John
knew it, Hammerle stated. He said he deposed businessmen
who had dealings with Rose who testified if Rose was illiterate,
they were not aware of it. I believe Rose was a savvy businessman
who made a bad investment and wanted to get back at someone,
Hammerle said.
Hammerle noted that Schuerman was Roses attorney and drew
up the contract between Rose and Garco. He said Rose was not pressured
to sign and was even given the documents to take home for someone
else to go over. He was never victimized by John (Schuerman),
asserts Hammerle.
From the beginning, Rose has been demanding restitution
from my client, stated Hammerle. He said they have agreed
to a hearing, but maintains Schuerman owes nothing to the Milan
businessman who operated a lucrative well-drilling business for
years. Somebody does owe something here, Hammerle
said, Rose owes John an apology.
Hammerle said he is glad a plea agreement could be reached and
thanked Special Prosecutor Landwerlen for his work on the case.
Hammerle noted, You know what - I grew up in Ripley County
and I know how important your reputation is. Its time John
gets his reputation back, he deserves that much. He concluded,
Hes a decent man who does a great service for his
clients and Im glad he can put this behind him. Imagine
the worst nightmare youve ever had - then imagine waking
up to find out youre actually living it. Thats what
happened here.
An excerpt from Schuermans press release sums it up, While
the last seven years have forced me to question the fairness of
our system, I am more energized than ever to continue supporting
and fighting for the rights of those wronged in this very community.
He goes on to say, I am so appreciative and thankful for
those who have supported my family through this difficult and
totally unnecessary ordeal. This speaks volumes to the power and
strength of the community my family has been a part of for five
generations.
Schuerman still practices law from his Batesville office and is
a former prosecutor for Ripley County.
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