BY DAN HORN
The Cincinnati Enquirer
The lawyer accused of stealing voice-mail messages from Chiquita Brands International Inc. wants to know more about the man who is prosecuting his case.
In a request filed Friday in Hamilton County Common Pleas Court, George Ventura demanded all documents concerning the selection and appointment of special prosecutor Perry Ancona.
Mr. Ancona is leading the grand jury investigation into allegations that a former Cincinnati Enquirer reporter used stolen voice-mail messages in articles about Chiquita.
He was appointed after prosecutor Joseph Deters withdrew because he had accepted campaign contributions from Chiquita Chairman Carl Lindner.
Mr. Ventura, a former legal counsel for Chiquita, is charged with five counts of unlawful interception of communications and five counts of unauthorized access to computer systems.
The former Enquirer reporter, Michael Gallagher, was fired by the paper and has pleaded guilty to stealing messages. He is cooperating with the investigation.
Mr. Ventura's lawyers contend he is entitled to information concerning Mr. Ancona's appointment, his pay and other administrative matters. That information has been sealed by Common Pleas Judge Norbert Nadel.
Judge Nadel has said all of the material is part of the grand jury proceedings and therefore should remain secret.
In the motion filed Friday, Mr. Ventura's attorneys argue that the information about Mr. Ancona should not be covered by the grand jury's cloak of secrecy. They say Mr. Ancona and his staff already have spent about $480,000 and should be accountable to the public. "This is a public process and it involves public funds," said John Feldmeier, one of Mr. Ventura's lawyers. "This is a huge vesting of authority."
He said Mr. Ventura also is entitled to know whether proper procedures were followed when Mr. Deters appointed Mr. Ancona. "There are provisions about how this is supposed to be done," Mr. Feldmeier said. "We want to be sure the provisions are followed."
Attorneys on both sides will return to court Monday to find out whether they will resume their search for a judge to hear the case. So far, three judges have withdrawn because they have received campaign contributions from Mr. Lindner or his relatives.
Judge Ann Marie Tracey now has the case, but Mr. Ancona has asked her to step aside because she once received donations from one of Mr. Lindner's attorneys.
