Thrusday, December 24, 1998
Chiquita defendant's lawyer questions prosecutors' roles
BY DAN HORN
The Cincinnati Enquirer
After the release of more than 50 court documents Wednesday, a Cincinnati lawyer once again challenged the legality of the investigation into voice-mail thefts at Chiquita Brands International Inc.
The lawyer, Marc Mezibov, had asked a judge to unseal the documents because his client was indicted on felony charges as a result of the grand jury investigation.
Mr. Mezibov said a preliminary review of the court papers, which dealt with the appointment and pay rate of special prosecutors, did nothing to ease his concerns.
Although he would not say what appeared to be improper, Mr. Mezibov suggested the appointment of special prosecutors Perry Ancona and Daniel Breyer may have been “irregular.”
Mr. Ancona, who declined to comment, was appointed in May to oversee the grand jury investigation. Mr. Breyer, a Clermont County assistant prosecutor, was named to replace Mr. Ancona this week for the trial phase of the case.
“There remain significant questions as to the legality and validity of the appointment of the special prosecutor,” he said. “We intend to determine whether these appointments were performed according to law.”
He said he would address his concerns in more detail when he files motions with the court later this month.
His client, George Ventura, is a former legal counsel for Chiquita who is accused of illegally accessing the company's voice-mail system.
The grand jury investigation began after The Cincinnati Enquirer published articles about Chiquita that used company voice-mail messages. The newspaper later renounced the articles, apologized to Chiquita and paid the company more than $10 million.
The lead reporter, Michael Gallagher, was fired by the paper and later pleaded guilty to two felony charges accusing him of accessing the voice-mail system. Mr. Ventura is accused of providing the codes that enabled the reporter to do it.
Mr. Ancona and his three assistant special prosecutors investigated the case for seven months at a cost of more than $400,000.
Hamilton County Prosecutor Joseph Deters asked for a special prosecutor on the case because he had received campaign contributions from Chiquita Chairman Carl Lindner. Mr. Deters has said there was nothing improper about the request or the appointment.
The documents requested by Mr. Mezibov had remained sealed until Judge Norbert Nadel released them Wednesday.
Nearly all of the documents relate to the payment of fees or the reimbursement of expenses for the investigation.
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