Friday, November 4, 2005

Prosecutor wants merit evidence released
Governor's office disputes relevance
By Elisabeth J. Beardsley
ebeardsley@courier-journal.com
The Courier-Journal



FRANKFORT, Ky. -- The lead prosecutor in the state hiring investigation said yesterday that grand jurors have seen only about half the evidence that he would like to present.

Because of a dispute with Gov. Ernie Fletcher's lawyers, Assistant Attorney General Scott Crawford-Sutherland said, investigators have access to only 10 of 30 seized computers.

Two computer servers -- for Fletcher's office and his constituent services organization, Local Initiatives for a New Kentucky -- and 28 CDs of e-mails also remain off limits, Crawford-Sutherland said.

"The investigation cannot be concluded until the grand jury ... (has) seen all of what we would have believed to be the relevant evidence," he said.

Sheryl Snyder, a lawyer for the governor's office, said the computers and servers contain material from secretaries, interns and others with "not even a remote connection to the investigation."

Crawford-Sutherland said he expects to ask for a 90-day extension of the grand jury's term, which is due to expire Nov. 20.

The grand jury, which is looking into possible violations of the merit system law, interviewed seven witnesses yesterday. Six refused to identify themselves to reporters.

Former Medicaid Commissioner Mike Robinson invoked his Fifth Amendment right not to answer questions about an alleged political hiring of a Powell County social worker, said his lawyer, Guthrie True.

The grand jury's next scheduled meeting is Thursday.

Franklin Circuit Judge William Graham has scheduled a hearing the same day on what disputed evidence grand jurors will be allowed to see.

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