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July 31, 2012

Judge won’t dismiss charge against ex-utility boss

INDIANAPOLIS — A judge has refused to dismiss an official misconduct charge against the former chairman of the Indiana Utility Regulatory Commission.

Marion County prosecutor’s office spokeswoman Brienne Delaney says David Lott Hardy’s attorney said Monday he would file a pretrial appeal.

Defense attorney David Hensel didn’t return a phone call seeking comment.

A grand jury indicted Hardy in December. He’s accused of allowing the panel’s top lawyer to keep overseeing cases involving Duke Energy even though he knew the attorney was trying to land a job at Duke.

Hardy had filed a motion in Marion Superior Court to dismiss an amended indictment against him, claiming he did nothing criminal. He claimed the charges are too broad and seek to impose criminal liability for violating administrative rules, rather than criminal statutes.

 

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