Wednesday, June 30, 1999
Deal could end case against attorney
BY DAN HORN
The Cincinnati Enquirer
An attorney accused of providing secret voice-mail codes to two Cincinnati Enquirer reporters is expected in court today for a possible plea deal that would end the criminal case against him.
The attorney, George Ventura, is scheduled for trial next week on charges linking him to the theft of voice-mail messages from Chiquita Brands International Inc.
But lawyers on both sides have agreed to meet today in Hamilton County Common Pleas Court.
Special prosecutor Daniel Breyer said the sides will likely present a plea bargain to Judge Ann Marie Tracey. “There's a good chance it will be resolved by a plea,” Mr. Breyer said.
He would not discuss terms of the deal, the charges being discussed or the type of plea Mr. Ventura and the prosecution might accept.
In any plea bargain, the defendant could plead guilty or avoid admitting guilt by pleading “no contest.” It also is possible the original 10 felony charges could be dropped in favor of lesser charges.
Mr. Ventura's attorney, Marc Mezibov, declined to comment Tuesday.
His client is accused of giving two former Enquirer reporters, Michael Gallagher and Cameron McWhirter, the secret codes needed to access the voice mail of Chiquita executives. Some voice-mail messages were later published in articles about Chiquita's business practices.
Mr. Gallagher, the lead reporter, was fired by the paper and has pleaded guilty to two felony charges. He has since identified Mr. Ventura in court as one of his confidential sources.
Mr. McWhirter, who was not charged with a crime, has said he did not access the voice-mail system.
The newspaper later renounced the articles in front-page apologies and paid Chiquita more than $10 million.
Prosecutors have said Mr. Ventura may have known the voice-mail codes because he was a legal counsel for Chiquita from 1991 to 1996. If convicted of all 10 charges, he faces up to 121/2 years in prison.
Although Mr. Gallagher could face up to 21/2 years, the judge in his case has said his plea deal carries a “presumption of probation” because Mr. Gallagher has no prior convictions.
Mr. Gallagher is scheduled for sentencing July 16 before Judge Richard Niehaus.
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