Woman says they had a sexual encounter in the early 1990s when she was 20.

Bosma says her claim is ‘unequivocally false’

Bosma paid a law firm more than $40,000 this year in part to gather unflattering information about the woman.

He investigated groping allegations against the attorney general.

He is crafting a first-ever sexual harassment policy for legislators.

He is also the same man who aggressively investigated the credibility of a former Statehouse intern who said she had a sexual encounter with him decades ago.

Indiana House Speaker Brian Bosma, an Indianapolis Republican and one of the state’s most powerful politicians, paid a law firm more than $40,000 in campaign funds this year in part to gather unflattering information about the former intern. Family members of the woman claim Bosma’s attorney threatened to reveal the unfavorable information about her if her account became public and to expose her name even if news organizations withheld it.

The woman, who was 20 at the time, did not accuse Bosma of a crime. Bosma denies the encounter took place. And the defense lawyer he hired, Linda Pence, denies the family’s claims and says she acted appropriately in investigating the allegation about her client.

Hiring an attorney to protect one’s reputation is common, experts say. But Pence’s investigation went beyond a review of court records and other public documents that attorneys with high-profile clients often undertake in the wake of such allegations.

The former intern, Kandy Green, told IndyStar that Pence and her investigators tracked down friends, family members, a former boyfriend and an ex-husband. They even asked questions about her teenage daughter, she said.

Green and her family say the experience has left them shaken.

“They are trying to dig up everything they possibly can,” said Green, who is now 47 and lives outside the state. “It is crazy. And I just keep thinking, 'How far will they go?'”

What we know: Alleged sexual encounter between Brian Bosma and an intern

From the governor:Without 'official report,' Holcomb will not act on Bosma allegations

Bosma, 60, denied an interview request for this story and did not address nearly 30 questions submitted to him by email. He provided a brief written statement:

"This unsubstantiated story from over 26 years ago is unequivocally false. It wasn’t true then and it’s not true now. The source of this claim has been entirely discredited on several occasions and no responsible journalist would publish it. My engagement of Linda Pence, a well-respected attorney and Democrat, was for the purpose of protecting my reputation from a false story by the Indianapolis Star.”

Follow-up questions to Bosma, including how and when Green or her account have been discredited, were not answered.

Pence, who is not related to Vice President Mike Pence, also declined to be interviewed. She said in a written statement that she ran a professional investigation and “witnesses/sources were not threatened or harassed.”

Bosma’s investigation of Green — which family members said left them feeling intimidated — comes at a time when such tactics have been eschewed in the #MeToo era by other high-profile public figures facing what are in some cases much harsher accusations.

One legal expert consulted by IndyStar, Indiana University law professor Jennifer Drobac, said the family’s account of Bosma’s investigation, if true, would amount to an attempt to silence Green.

On Wednesday, after IndyStar published this story, Indiana Democratic Party Chairman John Zody called on Gov. Eric Holcomb to request an investigation into whether Bosma intimidated Green and her family.

"We believe that Speaker Bosma’s actions appear to be tactics used to intimidate," Zody said. "That women must fear coercion and strong-arming by powerful elected officials to discredit and deter them from coming forward is sickening. If the allegations of intimidation are true, they are deeply troubling. What’s clear is there are more questions than answers here. In the past, Governor (Eric) Holcomb has rightfully supported a ‘thorough’ investigation into similar matters. The governor must step up and lead by calling for an exhaustive, impartial investigation into this serious allegation of intimidation.”

As of Wednesday night, Holcomb had not responded to requests for comment on the allegations.

IndyStar investigation into #MeToo

IndyStar reached out to Green unsolicited last year as part of a broad examination into the way Indiana public officials handle sexual misconduct allegations in the wake of the #MeToo movement, which has shined a light on sexual impropriety by powerful men in entertainment, sports and politics.

Green said she performed oral sex on Bosma in a hotel parking area during her 1992 internship for Indiana House Democrats. At the time, she was a student at Ball State University and married to her first husband. Bosma was a married 34-year-old representative in the Republican minority.

Green was not the only person who recalled the alleged sexual encounter. Two Democratic lawmakers said they recalled hearing of the allegation in 1992 and were involved in discussions about how to respond at the time. One of them said she spoke with Bosma but declined to reveal what they discussed.

In an interview with IndyStar, Green initially characterized the alleged sexual encounter as consensual, at one point saying she never felt uncomfortable. But in later interviews, after learning of Bosma’s efforts to investigate her, she also described feeling powerless.

“You can tell yourself a lot of things in your head, OK: ‘It’s not a big deal. I’m fine,’” Green said. “That’s just how I rationalize a lot of stuff.”

Bosma was in a position of authority, she said, and she worried for her job.

“I didn’t feel like I was able to say no,” Green said.

After hearing Green’s account, IndyStar questioned Bosma in December, but he declined an on-the-record interview. A short time later, Bosma started making payments to Pence’s law firm, SmithAmundsen. The payments were listed on his campaign finance report as professional fees paid between January and March.

During that time, Green’s family said at least six people were approached by Pence or her investigators, including a former boyfriend and an ex-husband. Green, though, said she never spoke to Pence or investigators.

Green’s mother, Dorothy Green, said the family contacted Pence after receiving a phone call from an investigator and learning from her daughter’s ex-husband that Pence had visited his house.

“She said they talked to some of the men in Kandy’s life and they didn’t have good things to say,” Dorothy Green said. “And if the story came out, that they would have to put out information about her past.”

Shawna Green, Kandy Green’s sister, said she told Pence that her sister had not agreed at that time to be named in any potential news story. Shawna Green said Pence responded: “Well if they don’t, then we will.”

When first interviewed, Kandy Green requested her name not be included in a story. After learning that Bosma was investigating her, she said she was angry. "I didn’t even want to answer my door," Green said. "It was just a nightmare."

She later said she did not object to her name being used in a story.

'All of the facts — both good and bad'

In response to an interview request in August, Pence sent a two-page letter to an IndyStar reporter defending her investigation and asking IndyStar not to publish the story. She said she gathered “all of the facts — both good and bad” — from multiple unnamed people from Green’s past. What they told Pence, she said, “painted a sad and disturbing history” of a woman whose credibility should be questioned.

Pence’s letter, which does not name Green, suggests she reviewed publicly available financial and legal records, including bankruptcy filings, eviction notices and court records.

A search of public records shows Green has filed for two bankruptcies and has several liens, evictions and judgments in favor of creditors. She also was charged with check fraud in 2007 and battery in 2013. Both cases were dismissed.

But Pence and her investigators went further than merely reviewing public records. They also called or visited the homes of many people in Green’s life. “Witnesses also described (Green) as manipulative, not truthful, and appearing to suffer from fantasies and delusions,” Pence wrote in her letter.

Green responded to Pence’s characterization by saying she wasn’t shocked.

“That’s what they do. Their job is, when they know they’ve been caught with their hand in the cookie jar, let’s attack the other person,” Green said. “That’s politics. That's what they do. They play dirty pool.”

Pence said she had a difficult time understanding why Green felt scared or intimidated.



She added that Green’s mother seemed angry and demanded to know why Pence wanted to speak with her daughter. And Green herself was not interviewed.

"In my experience, a thorough investigation cannot be conducted by utilizing threats or intimidation. I can interview only persons who agree to talk to me,” Pence wrote. “I also know that threats and intimidation rarely lead to the truth.”

After receiving her letter, IndyStar then asked Pence if she said she would reveal unflattering information or expose Green’s name, as the family claimed. Pence did not respond. Nor did she answer questions about who she contacted or how many investigators she deployed.

Bosma also did not answer questions about the tactics used in the investigation Pence conducted on his behalf.

An effort to intimidate?

Experts on sexual harassment cases said it’s prudent for public figures accused of sexual impropriety to hire an attorney. It’s also common for an attorney to conduct passive research on the accuser, reviewing publicly available records.

But experts say it would be hard to interpret the actions described by Green’s family, if true, as anything but intimidation.

Drobac, the IU law professor, said tracking down a former boyfriend and an ex-husband — and allegedly threatening to expose unflattering information — would go well beyond an effort to corroborate or disprove the allegation.

“Were they trying to gather unflattering information, even if it's true, to threaten this woman to keep quiet about that prior sexual relationship?” Drobac said. “That doesn't seem like a very savory approach to business and government.”

If such threats were made, Drobac said, it would appear to be “a cover-up.”

Jonathan Bernstein, president of California-based Bernstein Crisis Management who has consulted in #MeToo cases, shared similar concerns about the account provided by the family. He said Pence’s alleged actions on Bosma’s behalf would be “repugnant” and would reflect “an abysmal ignorance of the basic principles of crisis communications.”

Bernstein said he could not imagine any case where the type of intimidation described by Green’s family would be appropriate.

If true, Bernstein said, "I think the Speaker has painted himself into a very ugly corner here."

Fighting back in the #MeToo era

How powerful men address allegations of sexual impropriety is under a microscope in the wake of the #MeToo movement. Questioning an accuser’s character, once a common tactic, is now considered potentially perilous, experts say.

A pair of Supreme Court confirmation hearings — nearly 27 years apart — provide a clear contrast. When Anita Hill accused then-nominee Clarence Thomas of sexual harassment, an all-male Senate committee grilled Hill and accused her of fabricating the story.

More recently, as then-nominee Brett Kavanaugh faced allegations of sexual assault, Senate Republicans were more mindful of the optics of a group of men interrogating a woman who said she was a victim. They hired a female prosecutor to handle questioning and largely focused their criticisms on Democrats, not Kavanaugh’s accusers.

The #MeToo movement also has shifted public perception of how powerful men engage in sexual relationships with others who have far less power.

In 1998, when the public learned that White House intern Monica Lewinsky performed oral sex on President Bill Clinton, it wasn’t the power imbalance between Clinton and the intern that was under scrutiny. Instead the scandal was that he cheated on his wife and lied under oath.

Today, with examples such as Harvey Weinstein and Matt Lauer, views on sexual impropriety in the workplace have shifted, putting power dynamics at the center of discussions about how consent is defined.

Power differential

Bosma’s reaction to Green’s account highlights the unique ways that powerful elected officials can wield their influence to deflect criticism.

Even top executives at major corporations can be removed by a board of directors for inappropriate behavior that stops short of being illegal, but there is no such accountability mechanism for elected officials in Indiana.

Indiana Attorney General Curtis Hill, for example, is facing an inspector general investigation over allegations that he inappropriately touched a lawmaker and several legislative staffers earlier this year. Top leaders in his party — including Bosma and Gov. Eric Holcomb — have called for him to resign. He has denied any wrongdoing and remains in office.

Absent criminal charges or an unprecedented effort to impeach him, the only remedy for the women who say they were violated would be to appeal to the voters to remove Hill from office. And if the voters don’t know the facts, they can’t make that decision.

Bosma’s situation also highlights another reason elected officials have a leg up on accusers: They often have large campaign war chests at their disposal to beat back allegations. While campaign contributions in Indiana cannot be used for personal reasons, they can pay for expenses reasonably related to a candidate's campaign.

“What troubles me about this is the unequal power,” said Julia Vaughn, policy director for government watchdog Common Cause Indiana. “There is somebody who is very powerful and has a lot of resources with which they can attack any source of embarrassment. The other person, the private citizen, just doesn’t have the same motivation and resources. It just seems to me that this is bullying, an inappropriate response for a public figure to take.”

Drobac said she also worries about the message sent to women who may want to come forward with allegations of sexual impropriety.

“They receive the message that they will be personally attacked, that their pasts will be investigated, and if they have any embarrassing moments that they'd rather not be splashed all over the front page of the Indianapolis Star, that they better not complain about powerful lawmakers,” she said.

Should Bosma be leading on sexual harassment issues?

Bosma’s decision about how to respond to Green’s claims also raises questions about his ability to lead on issues of sexual harassment, experts say.

Bosma played a leading role in looking into the allegations against Hill, personally participating in one of the interviews with Hill’s accusers and coordinating legislative leaders’ public relations response after IndyStar made the allegations public.

There is no evidence that Bosma or other leaders planned to make the allegations against Hill public. Instead, they hired an outside attorney to review whether the General Assembly could be held liable for creating a hostile work environment.

A memo written by the outside attorney recommended that Bosma and other legislative leaders confront Hill about the accusations, but they did not do so for 11 days and then only after IndyStar began making inquiries about the accusations.

Bosma has defended the legislative investigation and criticized the leaking of the memo, which he said violated employee confidentiality.

“All actions were conducted solely to protect legislative employees,” he said in July.

Bosma’s investigation of Green also overlapped with efforts at the Statehouse to pass a new sexual harassment law.

Response: Democrats call for investigation of former intern's claim that Bosma intimidated her

Hackney: Investigate claims Bosma tried to intimidate ex-intern over alleged sexual encounter

Unlike state employees, lawmakers are not subject to a sexual harassment policy, leaving victims with little recourse and no clear path for reporting.

Bosma initially questioned the need for a new law. But Democrats forced the issue, and lawmakers passed a measure that requires Bosma and his fellow leaders to craft a new policy and training program by Nov. 20.

Bosma, along with the other lawmakers on the panel, will have to decide how encompassing the sexual misconduct policy will be — and whether it should contain language prohibiting relationships between lawmakers and both employees and interns.

Drobac questioned the wisdom of putting Bosma in charge of hashing out sexual harassment rules for lawmakers.

"I think it makes sense to have someone other than Brian Bosma being the final arbiter of what a good sexual harassment policy will be for the legislative officials in the state of Indiana,” she said.

Contact IndyStar reporter Tony Cook at 317-444-6081 or tony.cook@indystar.com. Follow him on Facebook or Twitter: @IndyStarTony

Contact IndyStar reporter Kaitlin Lange at 317-432-9270 or kaitlin.lange@indystar.com. Follow her on Twitter: @kaitlin_lange

Contact IndyStar reporter Ryan Martin at 317-444-6294 or ryan.martin@indystar.com. Follow him on Facebook or Twitter: @ryanmartin