By Patrick Crowley
The Cincinnati Enquirer

COVINGTON - Records from at least four state agencies and offices are the key evidence a Northern Kentucky federal grand jury begins reviewing today as it investigates allegations against Gov. Paul Patton and his involvement with western Kentucky businesswoman Tina Conner.

Neither Mr. Patton nor Mrs. Conner is expected to testify before the grand jury that will meet at the federal courthouse in Covington for what will certainly be weeks but could stretch into months.

Federal prosecutors will use the documents subpoenaed from Frankfort and elsewhere - travel vouchers, nursing home inspections, phone records and others - as they decide whether they will seek an indictment against the governor for abusing his power in dealing with a woman with whom he carried on a two-year sexual affair.

"I suspect that at this point, when a grand jury is just starting to hear a case, there is just a tremendous amount of paperwork the state has turned over, especially when you're dealing with a state-regulated facility such as a nursing home," said Fort Thomas lawyer Steve Franzen, who has handled federal court cases.

Some FBI or other federal officials may testify to explain the documents.

And some minor witnesses will be called. But it will be some time before any major players appear before the grand jury, which is likely to include from 16 to 23 citizens.

"You won't see a lot of actual witnesses testifying for awhile," Mr. Franzen said. "The prosecutors will want to build their case using records, and then eventually people will be brought in and questioned about what was learned from the records. It's a long process. I wouldn't be surprised if it took six months to a year."

Mrs. Conner grabbed headlines and shocked Kentucky's political establishment when in late September she told a Louisville television station of an affair she and Mr. Patton had from 1997 until 1999, when she claims she broke off the relationship.

After first denying the affair, Mr. Patton tearfully admitted the relationship in a televised press conference carried across the state.

The affair is an essential part of the overall investigation, but it is not the heart of the case.

Instead, prosecutors are trying to determine if Mr. Patton at first rewarded Mrs. Conner and the businesses she operated - a construction company and a nursing home - and then retaliated against her once the affair ended.

Mrs. Conner has made those allegations repeatedly, but the governor has denied them.

Federal prosecutors won't comment and state officials are saying little, other than some are confirming they have received subpoenas and complied with federal prosecutors requests for records. FBI agents have told officials not to discuss what records were subpoenaed.

Four state offices and agencies have acknowledged receiving federal subpoenas:

The governor's office: Spokesman Terry Sebastian said the office received a grand jury subpoena for "records only and we sent those." But no one from the office has been subpoenaed to testify, he said.

The case is also being investigated by the Executive Branch Ethics Commission, which has also subpoenaed records from the governor's office.

Those records included copies of schedules, records, appointment books and other material that map out Mr. Patton's daily activities from 1996 to 2001. Phone call records were also subpoenaed.

Mr. Franzen said it is likely the federal grand jury is seeking the same records to establish Mr. Patton's pattern of behavior and activities as they related to Mrs. Conner.

The Transportation Cabinet: Mrs. Conner's construction company, ST Construction, had been certified as a "disadvantaged business enterprise," making it eligible for special consideration in receiving state contracts because it was female-owned.

Mr. Patton has acknowledged he called Cabinet Secretary James Codell to verify that he believed Mrs. Conner was a legitimate businesswoman but that he did not order him to award the certification.

Cabinet spokesman Mark Pfeiffer said Tuesday that the Transportation Cabinet's "inspector general has been cooperating with the FBI and the U.S. Attorney's Office ... and we have responded to the federal grand jury subpoenas."

The Kentucky Lottery Corp.: Spokesman Rick Redman confirmed records were subpoenaed and sent to the grand jury, but he would not comment further. Mr. Patton appointed Mrs. Conner to the board in late 2000.

She has told reporters the governor would try to arrange to meet her while she was in town for lottery board meetings.

The Ethics Commission subpoena sought records on board meetings along with vouchers Mrs. Conner submitted for travel between her home in Clinton, Ky., and lottery board meetings and events in Louisville, Frankfort and Lexington.

The Health Services Cabinet: Boxes of records were subpoenaed and delivered to the grand jury. But spokesman Gil Lawson said he could not reveal any information about the records.

Mrs. Conner has alleged someone in or close to the governor's office tipped her off prior to state inspectors showing up at her nursing home, Birchtree Healthcare. She has also claimed inspectors targeted her nursing home for violations after she ended the affair with the governor.

State officials, including those in the governor's office and the Health Services Cabinet, have denied her claims.

E-mail pcrowley@enquirer.com