Tuesday, January 12, 1999
Special prosecutor's bills to be audited
BY DAN HORN
The Cincinnati Enquirer
A former special prosecutor is the focus of an audit that will examine how he spent more than $400,000 investigating the theft of voice-mail messages at Chiquita Brands International Inc.
The audit was ordered last week when Judge Norbert Nadel appointed a magistrate to review all expenses and fees submitted by former special prosecutor Perry Ancona.
In the order, filed in Hamilton County Common Pleas Court, Judge Nadel stated that the audit would cover Mr. Ancona, his three assistant prosecutors and his investigators.
“I guess they just want to verify the records,” Mr. Ancona said Monday. “It's fine with us. They have our records and they can review them.”
The judge's order names Gail Gaier, an attorney for Sheriff Simon Leis, as the “special magistrate” who will lead the audit.
Sheriff's spokesman Steve Barnett said the judge assigned Ms. Gaier to review the expenses to “make sure that they are appropriate.”
He said Ms. Gaier will not be compensated beyond her salary for the work and she will conduct the audit independently of the sheriff's office.
“The sheriff is not in charge or control of this,” Mr. Barnett said. “She's an independent auditor assigned to look at the payments.”
Judge Nadel did not return phone calls Monday and his order does not state why he deemed it necessary to conduct the audit.
Throughout Mr. Ancona's seven-month investigation, he submitted monthly records with the court noting the expenses and fees incurred by
his staff.
Mr. Ancona launched his investigation in May after the Enquirer was accused of using stolen voice-mail messages in articles it published about Chiquita.
The lead reporter, Michael Gallagher, was fired by the paper and has pleaded guilty to two felony charges. Another reporter, Cameron McWhirter, signed a cooperation agreement with prosecutors but was not charged with a crime.
The investigation also led to a 10-count indictment against George Ventura, a former Chiquita legal counsel who is accused of illegally accessing the company's voice-mail system.
Mr. Ancona was appointed special prosecutor because former Prosecutor Joseph Deters, who recently be came state treasurer, had accepted campaign contributions from Chiquita Chairman Carl Lindner.
Mr. Deters has said the more than $400,000 that Mr. Ancona spent on the investigation is reasonable for such a complex case.
In December, Mr. Ancona closed his investigation and stepped aside as special prosecutor. Judge Nadel then appointed Daniel Breyer, a Clermont County assistant prosecutor, to replace him.
The judge's order appointing Mr. Breyer noted several times that he would work at no additional cost to taxpayers. Mr. Ancona, an attorney in private practice, billed the county for his work.
Mr. Ventura's attorneys have repeatedly challenged the legality of Mr. Ancona's appointment, contending it was unconstitutional for the court to appoint a prosecutor while also overseeing the case.
They said the latest order by Judge Nadel suggests he also has concerns.
“This review should've been considered at the outset to determine the nature and propriety of appointing a special prosecutor,” said Marc Mezibov, one of Mr. Ventura's attorneys.
Judge Nadel oversaw the investigation because he was the presiding judge in Common Pleas Court in 1998. Although Judge Arthur Ney took over Jan. 1, he issued an order last week that allows Judge Nadel to keep the case.
“Judge Nadel is hereby designated to continue to solely hear all matters regarding the appointment of the special prosecutor,” Judge Ney wrote in his order.
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