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Gutierrez violated state law, OEC says
The elections commission alleges the former Dann aide improperly received $5,000 in campaign funds.
Franklin County Prosecutor Ron O’Brien is optimistic that by the end of the month he’ll get to the bottom of allegations of criminal misconduct by Anthony Gutierrez while he was a department head in former Attorney General Marc Dann’s administration.
The Ohio Elections Commission found Thursday that Gutierrez violated state election laws, said Phil Richter, its executive director.
Gutierrez served as Dann’s director of general services. The violation, brought to the commission by the Ohio inspector general, is that Gutierrez improperly took $5,000 from Dann’s campaign committee.
The commission referred the violation Thursday to O’Brien’s office to be presented to a Franklin County grand jury investigating potential illegal activity at the attorney general’s office during Dann’s 17-month administration.
Gutierrez had a company that installed a security system and windows at Dann’s Liberty home add $5,000 to the bill. Gutierrez then instructed the contractor to write three checks to three creditors to whom his construction company owed money.
The Ohio Ethics Commission also alleges misdemeanor or ethics violations by Gutierrez, including using state equipment and resources to operate his private business, hiding the fact he owned the business from state officials, and receiving the $5,000 from Dann’s campaign fund through “deception.” O’Brien’s office also is investigating those allegations.
“We’re trying to get all case referrals to one location [the Franklin County prosecutor’s office] to resolve them against Mr. Gutierrez,” O’Brien said.
O’Brien said he’s twice met with Sam Amendolara, Gutierrez’s attorney.
“No lawyer wants to resolve cases until all the issues are in one location,” O’Brien said.
Three sources close to the investigation say Gutierrez plans to accept a plea agreement that would reduce the charges. He would also cooperate with the investigation by providing information on others who may have committed illegal acts at the attorney general’s office under Dann’s watch, the sources say.
Gutierrez was at the center of the scandal that led to Dann’s May 14, 2008, resignation as attorney general.
An internal attorney general investigation determined that Gutierrez sexually harassed two female subordinates. The two women recently left the AG’s office, each receiving $200,000 settlements, and $95,000 for their lawyers.
The investigation report, released May 2, described the office under Dann as unprofessional, hostile and filled with cronyism.
Dann fired Gutierrez and Leo Jennings III, his communications director and close friend, the day the report was released.
Despite immediate calls for his resignation, Dann refused to quit until May 14, the day after the inspector general seized computers, hand-held electronic devices such as Blackberries, and numerous documents from the attorney general’s office.