Ex-aide for Dann will plead innocent Monday

By Marc Kovac

Anthony Gutierrez faces 10 criminal charges at his arraignment next week.

COLUMBUS — A former manager hand-picked by Marc Dann to work in the Ohio attorney general’s office is expected to turn himself in at the Franklin County Courthouse in Columbus on Monday.

Anthony Gutierrez was indicted Thursday on 10 criminal counts, including theft in office and workers’ compensation fraud.

Attempts Thursday to reach Gutierrez and Dann by The Vindicator were unsuccessful.

Franklin County Prosecutor Ron O’Brien, who has been investigating Gutierrez and others involved in the scandal that led to Dann’s resignation a year ago, said Gutierrez faces up to eight years in prison and fines of $20,000.

O’Brien said Gutierrez has been cooperative throughout the investigation, and the prosecutor said he would not seek a bond that would prohibit his release following Monday’s arraignment. No plea agreements have been reached.

“I expect him to enter a not guilty plea, I expect him to appear in court and then respond to the charges in whatever manner he and his lawyer intend to pursue,” O’Brien said.

O’Brien declined to discuss specifics of the case or other charges being considered against Dann.

But he did say that Thursday’s indictment “does not conclude the investigation. The investigation is still ongoing. There are other persons, incidents and circumstances that are continuing to be investigated.”

Dann resigned a year ago following a scandal that was prompted by allegations by two office employees of sexual harassment against Gutierrez. An internal investigation substantiated the complaints and prompted the firing of Gutierrez and Leo Jennings, the forced resignation of a third and a legislated investigation by the state’s inspector general.

A report by the latter, released in late December, alleged cronyism and “hiring missteps,” sexual harassment and other improper activities and wrongdoing under Dann’s leadership. It also raised questions about Dann’s use of campaign finances.

Dann admitted he had an affair with an underling. He has denied criminal wrongdoing in the matter.

Dann was fined by the Ohio Elections Commission earlier this year for using campaign funds to install a security system at his home. He faces another hearing before the commission next month on additional allegations.

Gutierrez is the first person linked to the scandal to face criminal charges. O’Brien characterized the indictment, which included six felony counts, as among the more serious cases he has levied against a public official.

The indictment did not include charges related to the installation of windows at Dann’s residence by Gutierrez’s construction company.

The inspector general’s report stated Gutierrez improperly took $5,000 from Dann’s campaign committee while overseeing the installation of security windows at Dann’s Liberty home.

Dann’s campaign committee filed a civil suit in Girard Municipal Court seeking to recoup that $5,000. The court is waiting for a response from Gutierrez’s attorney before proceeding with the case. That issue was forwarded to prosecutors in Trumbull and Mahoning counties, O’Brien said.

XContributor: David Skolnick, Vindicator politics writer

ANTHONY GUTIERREZ

Indictment

A Franklin County grand jury indicted Anthony Gutierrez, director of general services at the attorney general’s office during Marc Dann’s administration, on 10 criminal charges, including six felonies. Below are charges filed Thursday.

FELONIES

One count of theft in office related to Gutierrez’s alleged use of state property and employees to operate a construction company on state time.

Two counts of unauthorized use of property: Related to the alleged use of state computer equipment to transmit documents related to his construction company.

Three counts of workers compensation fraud: Related to Gutierrez’s alleged understating of employee information at construction business.

MISDEMEANORS

Two counts of soliciting or receiving improper compensation: Related to the alleged use of Dann campaign funds to pay rent and utilities at a Columbus-area condo shared by Gutierrez, Dann and another staff member.

One count of prohibited election activities: Related to Gutierrez’s alleged conversion of items of value for personal use from the Dann campaign.

One count of filing a false statement: Related to the alleged failure to include complete information on a state-required public disclosure form.

Source: Franklin County prosecutor’s office