BY GREGORY A. HALL
The Cincinnati Enquirer
COVINGTON -- Former Judge-executive Clyde Middleton will plead guilty to a misdemeanor on Monday for his role in the Kenton County courthouse controversy.
Mr. Middleton, 70, will admit to a charge of official misconduct in Kenton Circuit Court, sources said Friday. The plea stems from a state attorney general's investigation into the 1996 bidding process for courthouse and parking garage construction contracts won by Corporex Cos.
A grand jury is to meet Wednesday to see whether laws were broken by others. In addition to county officials already subpoenaed, the grand jury will be hearing from Mr. Middleton.
Before resigning earlier this year, the Fort Mitchell Republican said an after-hours meeting at his home with Corporex Chairman Bill Butler on the day bids were opened violated the county procurement code. Other county officials contend most details of the proposals beyond the base price were to remain confidential until the fiscal court chose a bidder.
During the meeting, Mr. Butler was able to review his competitors' proposals, take them with him, copy them and return them to Mr. Middleton. Mr. Middleton's attorney, Phil Taliaferro, said he isn't at liberty to say what may or may not happen. However, he said the attorney general's office informed him that Mr. Middleton will be subpoenaed on Monday to testify before the grand jury.
Mr. Middleton will comply, Mr. Taliaferro said.
That indicates the investigation will go beyond Mr. Middleton. Kenton County Attorney Garry Edmondson said, based on information uncovered in a civil lawsuit between the county and Corporex, the investigation will now examine whether Corporex violated any laws.
"There's further evidence against Corporex employees or officials," Mr. Edmondson said.
Corporex attorney Joseph Trauth thinks the grand jury will now look at whether other county officials violated the procurement code.
Corporex and Mr. Butler say there was nothing improper about the meeting because the bids were public records available to anyone. Mr. Edmondson said he expects the county will have more leverage in settlement talks with Corporex regarding the civil lawsuit. The county is suing Corporex and Mr. Butler to recoup an $850,000 settlement paid to the two losing bidders -- Wessels Construction and Development Corp. and Carroll Properties.
Corporex and Mr. Butler deny any wrongdoing and place blame on the county for failing to follow its own rules. In particular, company attorneys say Deputy Judge-executive George Neack targeted the company. Mr. Neack has denied the allegations.
Mr. Middleton was judge-executive from 1990-98 and was a state senator from 1967-86.
Kenton rejects settlement plan