BY GREGORY A. HALL
The Cincinnati Enquirer
COVINGTON -- A grand jury today begins investigating the courthouse bid scandal, with the targeted developer's former spokesman scheduled to testify.
Joe Wind, who until a month ago was Corporex Cos.' chief publicist, received a subpoena Tuesday to appear at 9 a.m. today. He is the first person tied to the winning contractor to confirm that he was called before the grand jurors.
So as the focus of the investigation falls on Corporex Chairman Bill Butler, Mr. Wind's role also may be in question. His sworn testimony in a related civil lawsuit about the 1996 parking garage and courthouse projects appears to conflict with the sworn testimony of a county commissioner.
County Commissioner Bernie Moorman testified that he was called to Corporex offices for a meeting with Mr. Wind and Mr. Butler where Mr. Butler lobbied for the Corporex proposal.
Mr. Wind has denied meeting about the projects with Mr. Moorman, and speaking for Mr. Butler has said that the county commissioner "fabricated an incredible lie" about what happened during the meeting.
Tuesday, he declined to say anything beyond confirming he had been served a subpoena.
The start of the grand jury's deliberations comes two days after former Kenton County judge-executive Clyde Middleton pleaded guilty to a misdemeanor as part of a plea agreement.
Mr. Middleton admitted to a charge of official misconduct, saying he knew it was wrong to show competitors' bids to Mr. Butler in a meeting on the same day the bids were opened by the Kenton Fiscal Court.
Mr. Butler has said he took his competitors' proposals with him from that after-hours meeting at Mr. Middleton's home, copied them and returned them to the then judge-executive's office.
Mr. Middleton's plea agreement states Mr. Butler used confidential information "to his advantage to assist him in being awarded the project."
Corporex has denied any wrongdoing in winning construction contracts for the $36 million projects and has vowed to protect its reputation.
Corporex maintains that the bids were public records available to anyone, and that the only errors made in the process were made by county officials.
Kenton County, in a civil lawsuit over the bidding, maintains only basic details, such as price and general drawings, were available. The rest was to be confidential until a contractor was chosen.
Mr. Wind is now assistant vice president for community and government relations at Northern Kentucky University. He has said his decision to leave Corporex had nothing to do with the bid controversy.
Company attorneys, Joseph Trauth and William T. Robinson III, could not be reached for comment. Mr. Butler and current company spokesman Tom Williams also could not be reached.
Kenton County Attorney Garry Edmondson said Tuesday that Corporex Senior Vice President Thomas Banta also is being called to testify. "I've got no comment about that at all," Mr. Banta said.
Also subpoenaed are several county officials: Mr. Edmondson, commissioners Steve Arlinghaus, Mr. Moorman and Nyoka Johnston, Deputy Judge-executive George Neack, Treasurer Ivan Frye, Administrator Ralph Bailey and architect Rob Thrun.
Mr. Middleton's appearance was rescheduled from today to Thursday, said his attorney Phil Taliaferro.
The fiscal court met in closed session Tuesday for about an hour discussing developments in the case and how they affect the county's lawsuit against Corporex.
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.