News
Attorney General’s Office To Hold Grand Jury In Athens County
By: Steve Robb - Athens Messenger staff reporter
Posted on:
UPDATED 5:00 p.m. An Athens County commissioner and the county sheriff confirmed Tuesday that they have been subpoenaed by the Ohio Attorney General's Office to testify to a grand jury.
"I'm going to assume it has to do with the sheriff because they previously asked for my e-mails (relating to the sheriff's disposal of records)," said Commissioner Lenny Eliason. He has been subpoenaed to testify Thursday before a special Athens County grand jury.
Sheriff Patrick Kelly said he also received a subpoena, as did Capt. Bryan Cooper and Detective Brice Fick of the sheriff's office.
"We don't know what it's for," Kelly said. "We get subpoenas all the time for grand jury, it's just not the Ohio Attorney General."
Eliason also is chairman of the Athens County Records Commission, and the e-mails he was referring to relate to that function. On May 24, Special Agent Greg Burri of the Ohio Bureau of Criminal Identification and Investigation sought all requests the records commission received from Kelly to destroy or otherwise dispose of documents or public records and any responses given by the commission. The agent also asked for the current records retention policy of the sheriff's office, and any documents describing the policy or procedures for destroying documents or public records at the sheriff's office.
Eliason said he supplied e-mails to BCI in response to the records request.
Eliason and County Auditor Jill Thompson, who is secretary of the records commission, have previously said Kelly failed to file required paperwork before disposing of records.
Eliason said the grand jury subpoena was hand-delivered to him Tuesday by BCI agents.
Last month, County Prosecutor Keller Blackburn said he believed Kelly disposed of records belonging to the prosecutor's office by taking them to the landfill. Kelly has denied that, but in May took some of his own office's documents to the landfill for disposal. The sheriff has said it was done to free-up space at the sheriff's building downtown, and that all the records had been microfilmed.
Blackburn has confirmed that he asked the Ohio Attorney General's Office to investigate the records issue.
Last Thursday, a BCI agent seized 20 boxes of records from the county's microfilm department that belong to the prosecutor's office. Blackburn requested the action. At the time, Kelly speculated that some of the records Blackburn says are missing might be in the boxes, and Kelly wanted the boxes inventoried by a third party — not his office, nor the prosecutor's office.
BCI agents were reportedly at the county engineer's office Tuesday and asked to speak to the employee who transported records (and other items) to the landfill on behalf of the sheriff's office. The Messenger was unable to confirm Tuesday if that employee was served with a grand jury subpoena.
Blackburn would not say if he or any of his staff members have been subpoenaed.
ONGOING INVESTIGATION
Although the records issue only recently arose, BCI has been investigating Kelly since last fall.
On Sept. 24, Blackburn and Jacksonville Solicitor Frank Lavelle asked the Ohio Attorney General's Office to investigate an incident in Jacksonville in which David Jenkinson claimed he had been assaulted by Kelly when the sheriff allegedly stuffed a flier into Jenkinson's pocket. Kelly has denied there was an assault.
The Messenger has previously reported that Blackburn later asked the Ohio Attorney General's Office to investigate a state audit report that included findings against Kelly.
Asked what matters were being taken to Thursday's grand jury, attorney general's spokeswoman Jill Del Greco would not confirm that a grand jury is taking place.
Contacted Tuesday, Jenkinson said he had not received a subpoena.
Last week, Kelly had requested county funds to hire an outside attorney for legal advice regarding the "allegedly missing records" from the prosecutor's office. In the written request, Kelly said he did not feel Blackburn, his usual legal counsel, could represent him "without prejudice."
By law, a request for an outside attorney must be submitted jointly by the prosecutor and county commissioners to common pleas court, which makes the final decision.
On Tuesday, the commissioners and Blackburn gave Kelly a letter saying they would not make the request to the court.
"…There is no pending litigation and (there is only) an ongoing investigation into the missing records, there isn't a need for legal counsel," the letter states. "As for what took place in May 2013, unless litigation occurs there is not a need for counsel for past issues."
When Kelly made the request for funds to hire and attorney, he also said it was for advice regarding "other pressing matters." On Tuesday, Kelly confirmed that the Jenkinson complaint and the audit were among those pressing matters.
An Athens County commissioner confirmed Tuesday that he has been subpoenaed by the Ohio Attorney General's Office to testify to a grand jury.
"I'm going to assume it has to do with the sheriff because they previously asked for my e-mails," said Commissioner Lenny Eliason. He has been subpoenaed to testify at 3 p.m. Thursday before a special Athens County grand jury.
Eliason also is chairman of the Athens County Records Commission, and the e-mails he was referring to relate to that function. On May 24, Special Agent Greg Burri of the Ohio Bureau of Criminal Identification and Investigation sought all requests the records commission received from Sheriff Patrick Kelly to destroy or otherwise dispose of documents or public records and any responses given by the commission. The agent also asked for the current records retention policy of the sheriff's office, and any documents describing the policy or procedures for destroying documents or public records at the sheriff's office.
Eliason said he supplied e-mails to the attorney general's office in response to the records request.
Eliason and County Auditor Jill Thompson, who is secretary of the records commission, have previously said Kelly failed to file required paperwork before disposing of documents.
Eliason said the grand jury subpoena was hand-delivered to him Tuesday by BCI agents.
Last month, County Prosecutor Keller Blackburn said he believed Kelly disposed of records belonging to the prosecutor's office by taking them to the landfill. Kelly has denied that, but has been taking his own office's documents to the landfill. The sheriff has said it was done to free-up space at the sheriff's building downtown, and that all the records have been microfilmed.
Blackburn has confirmed that he asked the Ohio Attorney General's Office to investigate the records issued.
Last Thursday, a BCI agent seized 20 boxes of records from the county's microfilm department that belong to the prosecutor's office. Blackburn requested the action. At the time, Kelly speculated that some of the records Blackburn said are missing might be in the boxes, and Kelly wanted the boxes inventoried by a third party — not his office, nor the prosecutor's office.
Although the records issue only recently arose, BCI has been investigating Kelly since last fall.
On Sept. 24, Blackburn and Jacksonville Solicitor Frank Lavelle asked the Attorney General's Office to investigate an incident in Jacksonville in which David Jenkinson claimed he had been assaulted by Kelly when the sheriff allegedly stuffed a flier into Jenkinson's pocket. Kelly has denied there was an assault.
The Messenger has previously reported that Blackburn later asked the Attorney General's Office to investigate a state audit report that included findings against Kelly.