BY DAN HORN
The Cincinnati Enquirer
A special prosecutor wants the lawyer accused of stealing voice-mail messages from Chiquita Brands International Inc. to turn in his passport.
Unsatisfied with the current bond agreement, Special Prosecutor Perry Ancona has asked a judge to reconsider a decision that allows the lawyer, George Ventura, to travel to Peru on business.
Mr. Ventura, Chiquita's former legal counsel in Honduras, is charged with five counts of unlawful interception of communications and five counts of unauthorized access to computer systems.
He was indicted in September by the grand jury that is investigating allegations that a former Cincinnati Enquirer reporter used stolen voice-mail messages in articles published in May about Chiquita's business practices.
The reporter, Michael Gallagher, has pleaded guilty to two felony charges and now is cooperating with the special prosecutor. Although Mr. Ventura remains free on bond, Mr. Ancona has filed several motions in Hamilton County Common Pleas Court seeking to restrict his ability to travel.
Judge Ralph Winkler allowed Mr. Ventura to keep his passport last month after his wife voluntarily surrendered her own passport, a decision defense attorneys said would ensure Mr. Ventura's appearance at trial.
Mr. Ventura's attorney, Marc Mezibov, also told the judge his client would sign an extradition waiver that would make it easier to bring him back from Peru if he attempted to remain in that country.
But in his request for a new bond hearing, Mr. Ancona told the judge he has since learned that the waiver is not legally binding. "The special prosecutor is concerned that the bond under its present conditions is not sufficient to secure defendant's appearance," Mr. Ancona wrote.
In a written response, Mr. Mezibov argues that the prosecutor's request is unreasonable and that Mr. Ventura has complied with every requirement of his bond.
Mr. Ancona also has requested handwriting samples and voice recordings by Mr. Ventura to help his investigation. In a response filed Friday, Mr. Mezibov said that request also is unreasonable.
