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Prosecutor named in trust fund investigation

By , News Managing Editor
Monday, August 25, 2008

MOUNT VERNON — An investigation has been opened by the Bureau of Criminal Identification and Investigation to look into allegations that Knox County Sheriff David Barber misused funds in the Law Enforcement Trust Fund.

Knox County Common Pleas Judge Otho Eyster signed a journal entry on Tuesday naming Paul L. Scarsella and Bridget Carty as special prosectutors.

According to John Thatcher, Knox County Prosecutor, Scarsella is the section chief for the Special Prosecutions Division of the Ohio Attorney General’s Office. Carty is also part of the SPD.

Because a special prosecutor has been named, Thatcher said his office is not involved in the investigation.

In October 2004, during his re-election campaign against Jerry Day, Barber wrote two checks from the LETF to pay for campaign expenditures. The funds were repaid the following month. Use of the funds is restricted by rules set forth by the Ohio Revised Code, as well as Barber’s internal control policy. Campaign expenses are not one of the allowed uses.

Althugh Jennifer Brindisi, spokeswoman for the Attorney General’s Office BCII, could not release the name of the investigator, she did say the investigation will be conducted by BCII’s Special Investigations Unit.

According to the Ohio Attorney General’s Web site, “The Special Investigations Unit conducts investigations not normally covered by BCII’s other investigative units. Typical requests include serial crimes, unsolved homicides, public corruption investigations and dignitary protection.”

Brindisi declined to give a time frame as to how long the investigation could take, and added that the use of a financial forensics expert would add to the length of the investigation.

“I never give a time line because you just never know. If it has finance issues, it always does seem to take a little longer,” she said. “I don’t like to ever say it should be done in a few weeks or a few months because we just never know what is going to present itself down the line.”

Once the investigation is complete, the findings are handed over to the prosecutor in charge of the case.

Generally speaking, Brindisi said, in situations like this, it would not be unusual for the county prosecutor to step aside and ask for a special prosecutor if the findings warrant that charges be filed.

“Typically, if there is any kind of conflict of interest or there is any kind of question that there is going to be a conflict, [a special prosecutor will be brought in],” she said. “Sometimes it’s because they don’t have the resources to do it. Often it’s because the target is a local law enforcement agency. The law director in that county will say ‘I just don’t feel comfortable doing this neutrally.’ They will either call upon our special prosecution’s unit ... or they will call a special prosecutor in from an adjoining county. It’s really up to Knox County.”

During the investigation, Brindisi said she expects the SIU agents, who will come from BCII as well as the Attorney General’s Office, to conduct interviews and go through financial documents. The financial forensic experts will possibly come from Cleveland.

“Whoever it is will be coming from out of the area, which makes it even better because they are even more impartial because they’ve never had any affiliation with that department or the sheriff or with any of the deputies there,” Brindisi said.

Earlier this week, the Knox County Republican Party announced the formation of a special committee to investigate these same allegations. Party chairman Lou Petro declined to comment regarding the party’s investigation.

Barber reiterated earlier comments made to the News saying he would cooperate fully with the investigation, but declined to comment further.

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