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Inspector general tapped for Dann inquiry

Husted, Harris say a comprehensive, independent investigation is needed.

Staff Writer

Saturday, May 10, 2008

Ohio lawmakers are tapping state Inspector General Tom Charles to spearhead a sweeping investigation that looks at a wide range of issues in Attorney General Marc Dann's office, including an allegation that a computer was wiped clean without authorization.

House Speaker Jon Husted, R-Kettering, and Senate President Bill Harris, R-Ashland, announced the plan on Friday, May 9, saying a comprehensive, independent investigation is needed.

The legislature will have to change state law to temporarily expand the inspector general's jurisdiction — a move Gov. Ted Strickland supports. Currently, Charles only has authority over executive branch agencies.

Charles, who spent 31 years with the Ohio Highway Patrol and 10 years as state inspector general, led the task force that investigated the financial scandals at the Ohio Bureau of Workers' Compensation, which led to 19 people being convicted on criminal charges.

The expanded power for Charles will come quickly. The House will act on Tuesday, and the Senate will follow on Wednesday, Husted and Harris said.

A new allegation came to light this week: With the help of a Bureau of Criminal Identification and Investigation agent, Kathleen Walley of Dann's Youngstown office wiped her computer clean. Walley worked for General Services Director Anthony Gutierrez, who was fired for sexual harassment. Internal investigators found bid documents related to Gutierrez' company, MTV Construction, on his state computer. The matter was referred to the Ohio Ethics Commission and Ohio Highway Patrol.

Dann spokesman Ted Hart said the BCI agent is still working, but Walley was placed on paid administrative leave April 21.

Harris and Husted sent a letter to BCI Superintendent Robert Fiatal indicating "extreme concern" about the matter. The letter asks the agency if and why information was destroyed.

Hart did not know the agent's name or whether the agent too would be put on leave.

Internal investigators found construction bids related to Gutierrez' MTV Construction on his state computer.

By Monday, Dann's office is expected to appoint an outside investigator to review the 52-page report from Executive Assistant Attorney General Ben Espy that narrowly focused on sexual harassment complaints against Gutierrez, Dann's friend and neighbor who headed purchasing, vehicle and mailroom operations.

The Inspector General's probe could cast a much wider net. Espy's report steered clear of allegations that Dann had an affair with his scheduler, Jessica Utovich; that Gutierrez operated state vehicles after drinking and sometimes carried a gun; that Gutierrez damaged three state vehicles; that Gutierrez ran his private business on state time; that Communications Director Leo Jennings III tried to get an assistant attorney general to lie under oath; and that Jennings and Gutierrez destroyed incriminating text messages.

Jennings, Gutierrez and Chief of Staff Ed Simpson were all fired by Dann after the Espy report came out. Utovich resigned.

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