BY DAN HORN
The Cincinnati Enquirer
A Cincinnati attorney says Hamilton County officials are illegally withholding important documents about the investigation into the alleged theft of voice-mail messages at Chiquita Brands International Inc.
In a letter sent Wednesday to County Administrator David Krings, attorney Marc Mezibov said he is seeking all records pertaining to the appointment of the special prosecutor assigned to the case. Mr. Mezibov said county officials so far have refused to provide the records because Common Pleas Judge Norbert Nadel has ordered them sealed as part of the grand jury investigation.
"It seems unconstitutional and irregular," Mr. Mezibov said Wednesday. "I don't see how they can seal that public record." Mr. Mezibov is involved in the case because he is defending George Ventura, a former legal counsel for Chiquita, against charges he stole voice-mail messages from the company.
The grand jury indicted Mr. Ventura in September on five counts of unlawful interception of communications and five counts of unauthorized access to computer systems.
The special prosecutor, Perry Ancona, is leading the grand jury's investigation, which began four months ago when a former Cincinnati Enquirer reporter was accused of using stolen voice-mail messages in articles about Chiquita.
The reporter, Michael Gallagher, has pleaded guilty to two felony charges and is cooperating with prosecutors. The newspaper fired Mr. Gallagher, renounced the stories and agreed to pay Chiquita more than $10 million.
Mr. Ancona was appointed to handle the grand jury investigation after County Prosecutor Joseph Deters stepped aside, saying he had received campaign contributions from Chiquita Chairman Carl H. Lindner Jr.
Mr. Mezibov said he wants to determine the process by which Mr. Ancona was appointed to the job. "I want to know how, who and why," he said. "I think we're entitled to that."
In the letter, Mr. Mezibov told Mr. Krings that the court's order to seal the records should not apply to administrative documents related to the appointment. "Such action appears to be constitutionally suspect and illegal on its face," the letter states.
Mr. Krings could not be reached Wednesday for comment.
