Ohio wildlife officers face multiple charges

[jci36]

South Carolina Game Warden chimes in on Ohio controversy. Makes statement "here is a hint- the entire Code of SC Laws contain laws WE ALLLLLL "COULD HAVE" violated"

http://www.nodakoutdoors.com/forums/viewtopic.php?f=8&t=81636&p=668201#p668201

Yes- I am a SC Game Warden(here is a hint- the entire Code of SC Laws contain laws WE ALLLLLL "COULD HAVE" violated)

[jci36]

Top Ohio wildlife officials indicted

By Frank Hinchey
Contributing Writer
Published:
Monday, April 12, 2010 1:31 PM CDT
Georgetown, Ohio – The chief of the DNR Division of Wildlife, an assistant chief and four other DOW officials were placed on paid administrative leave after being indicted on felony charges.

Five employees are accused of failure to pursue a criminal investigation of a wildlife officer charged with assisting a South Carolina wildlife officer to purchase a $19 Ohio resident hunting license instead of a $125 out-of-state license.

Indictments of obstruction of justice and complicity to obstruction of justice were returned April 2 in Brown County against DOW Chief David Graham, Assistant Chief Randy Miller, Law Enforcement Administrator James Lehman, Human Resources Administrator Michele Ward-Tackett, and District 5 Manager Todd Haines. The charges carry a maximum penalty of up to 5 years in prison and a $10,000 fine.

Wildlife Officer Allan Wright was charged with three felony counts of tampering with records and a misdemeanor count of falsification. The felony counts carry a maximum penalty of up to a year in prison and a $2,500 fine.

Wright admitted to a U.S. Fish and Wildlife investigator he allowed a South Carolina wildlife officer to use Wright's home address in 2006 on a Ohio resident hunting application. Providing fraudulent information on a hunting application is a first-degree misdemeanor. Wright later admitted to a DOW investigator he checked three deer killed by Eric Vaughn in Ohio and recorded his own Ohio address and badge number on the harvest reports.

All six employees of the Ohio Department of Natural Resources pleaded not guilty to the charges April 5 in Brown County Common Pleas Court. The were placed on paid leave two days later, said Mark Shelton, ODNR chief of external services.

"The public service provided by Division of Wildlife and Ohio Department of Natural Resources are not going to suffer while these personnel investigations go forward," Shelton said. A felony conviction prohibits a person from state employment and loss of a state pension, Shelton said.

*
Graham, addressing the Ohio Wildlife Council in early April, echoed that sentiment, calling these "extraordinary circumstances."

"I want to assure Wildlife Council that the Division staff is strong and capable and has the support of the director," he said.

DOW Assistant Chief Jim Marshall will serve as acting director while the court cases are pending, Shelton said.

"It smells bad the farther up you go," Brown County Prosecutor Jessica Little said. "If you see a crime you should report it."

The governor's office and watchdog unit should be commended for its four-month investigation, Little said.

The 17-page Inspector General's investigative report found Wright admitted his role in obtaining an Ohio resident hunting license for a friend, Vaughn. The IG concluded "DOW administrators failed to investigate the deception as a criminal matter."

Wright claimed the practice of granting resident hunting licenses to out-of-state-wildlife officers was a common courtesy acknowledged by DOW officials, according to the IG report. IG investigators have since found no evidence the DOW officials attempted to verify if such a practice existed during an administrative and disciplinary investigation of Wright in 2008.

Graham, Miller, Ward-Tackett and Haines told the IG they did not regard Wright's actions as criminal because the practice of obtaining Ohio hunting licenses for out-of-state wildlife officers was a common practice and supervisors had knowledge or approved the practice. They also acknowledged to the IG if a civilian provided fraudulent information on a hunting license, criminal charges would be pursued against the individual.

In 1996, the Ohio DOW granted several requests for complimentary hunting and fishing licenses to West Virginia and Kentucky wildlife employees and, in turn, the West Virginia Department of Fish and Wildlife Services granted requests for complimentary hunting and fishing licenses from the Ohio DOW, according to documents obtained by Ohio Outdoor News.

IG investigators for the state watchdog checked all 308,592 Ohio hunting licenses issued in 2006 and compared addresses to Ohio's 155 wildlife officers.

Vaughn "had the only record that did not have the same family name of the residence, and that had a previous or subsequent out-of-state address," the OIG report stated. "The results of this query demonstrate that other wildlife officers are not making a common practice of allowing nonresidents to use officers' addresses to obtain a resident hunting license."

The IG found that Wright also used his own address to assist an acquaintance, John Coffin of Michigan, obtain an Ohio hunting license in 2001.

Because Coffin is not a wildlife officer, this conflicted with Wright's assertion to investigators that granting resident licenses to out-of-state wildlife officers, especially Indiana and Kentucky, was common DOW courtesy, the IG report stated.

Vaughn reimbursed Ohio for the license fee difference, said Col. Alvin Taylor, director of the South Carolina DNR law enforcement division.Taylor described Vaughn as a good officer who was not aware he had done anything wrong while hunting in Ohio.

The South Carolina DNR investigated Wright in 2007 for alleged trapping violations in South Carolina and issued Wright a warning letter for failure to comply with administrative reporting procedures, Taylor said. In addition, a federal wildlife investigator interviewed Wright on a complaint about alleged misconduct by an FWS officer.

During the South Carolina investigation, Wright admitted to the federal investigator he helped Vaughn obtain an Ohio resident hunting license in 2006. The federal investigator's findings were sent to the Ohio DOW, which investigated in 2008 and found no criminal wrongdoing.

Tackett agreed to classify Wright's actions as "failure of good behavior" requiring a verbal reprimand, the IG report stated. Graham agreed with the recommendation, and Miller felt Wright's action was not dishonest because Wright "didn't willfully set out to do that," according to the IG report.

"It is unclear how Wildlife could proceed with an administrative investigation and discipline if, at the time of the offense, there was no policy prohibiting Wright from taking part in providing a resident license to a nonresident," the IG report concluded.

In March 2008, Graham issued a memo requiring Ohio DOW employees to purchase out-of-state license when hunting outside the Buckeye state.

"Any person purchasing a resident license will be held personally and professionally responsible for their actions," Graham wrote in the memo.

Graham issued a second memo seven months later that out-of-state wildlife employees hunting and fishing in Ohio "must follow the same guidelines, rules and regulations as any other out-of-state patrons."

http://outdoornews.com/articles/2010/04/12/blogs/mike_moore/doc4bc366ddedfc5743691930.txt

[jci36]

Wednesday, April 14, 2010

Attorney for indicted Wildlife Division official defends client
The attorney handling one of the six indicted Ohio Division of Wildlife officials is baffled by the charges brought against his client.

Attorney Michael Cassity of Mount Orab in Brown County is representing James Lehman, the Wildlife Division's law enforcement administrator, who has been placed on paid administrative leave.

Lehman is charged with one count of obstructing justice and one count of complicity of obstructing justice. Both are fifth-degree felonies.

The indictment against Lehman and five other Wildlife Division officials stems from an alleged incident in which the state wildlife officer assigned to Brown County - Allan Wright - was said to have allowed a South Carolina wildlife officer to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

It is alleged that Lehman and four other high-ranking Wildlife Division officials should have handled the Wright incident differently as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

"What I've seen of the limited investigation I've been able to do would indicate there is no merit to these charges. I just don't understand why the charges were brought. They're talking about complicity; trying to break the law. At least my client was following what he believed was policy. Certainly when the (Ohio) Inspector General got involved there was total cooperation with my client. He participated in the Inspector General investigation and told them what he knew. He wasn't out to hide anything," Cassity said.

Cassity said too that the matter should be tossed out of Brown County Common Pleas Court for lack of evidence of guilt.

"I do; maybe even more than a possibility. But right now this case is in its infancy with a lot of information that has to be discovered by the defense. I don't see, however, there is sufficient evidence to support these charges," Cassity said.

Cassity said as well that when an attorney is experienced in criminal work he or she has a "pretty good sense of what the evidence might be about" and that sense points to a lot of nothing in this matter.

Similarly, Cassity says he is "extremely impressed" with Lehman.

"I've got pretty good instincts and my impression is that he is straight and plays by the rules. You know, it's tough on him with more than 20 years with the Wildlife Division. He's an honorable man. He was just doing his job the way he believed his job should be done," Cassity said.

Cassity noted that he will appear before the Brown County Common Pleas Court next week along with Brown County Prosecutor Jessica A. Little for a pre-trial hearing.
At this hearing - not normally attended by the defendant - a second pre-trial date may be set as well as possibly the actual trial date.

"I don't expect a whole lot except whether there's been an exchange of discovery, basically must be provided by the prosecutor, possibly Friday or Monday," Cassity said.

Efforts are being made to contact the other attorneys representing the remaining defendants.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

http://outdoorswithfrischkorn.blogspot.com/2010_04_01_archive.html

[jci36]

Brown County Prosecuting Attorney, Jessica Little has "requested to the court to appoint a special prosecuting attorney for Allan Wright's case", who has been charged with two counts of tampering with records and one count of falsification.

The Brown County prosecuting Attorney herself will be prosecuting Division of Wildlife Chief David Graham, Law Enforcement Administrator James Lehman, Human Resources Administrator Michele Ward, District 5 Manager Todd Haines and Assistant Chief of ODNR Division of Wildlife Randy Miller were each indicted on one count of obstructing justice and one count of complicity to obstruct justice each. Due to "facts and legal issues" with the above five individuals "that need to separate from Allan Wright's Case."

"Eric Vaughn is a material witness" in her case and she "cannot comment on his testimony."

[jci36]

New Watchdog Probe Into Ohio Wildlife Licenses
Associated Press


COLUMBUS, Ohio—The state watchdog is investigating allegations that wildlife officers broke the law by providing out-of-state wildlife officers Ohio fishing licenses at a discount, The Associated Press has learned.

The probe by the Ohio Inspector General follows similar allegations involving a hunting license that has led to felony charges against the wildlife division's top administrators.

All are on paid leave while they are prosecuted over the hunting license allegations.

The Ohio Division of Wildlife reprimanded two officers in 2007 for helping fellow wildlife officers from Indiana obtain Ohio fishing licenses at the lower, Ohio rate of $19, according to wildlife records released to the AP through a records request.

The officers let the Indiana officers use the Ohio address of wildlife regional offices in Xenia in southwest Ohio. Normally, the Indiana officers would have paid $40 for the license.

Indiana allows out-of-state wildlife officers who are in the state on official business to obtain hunting and fishing licenses at in-state rates. Ohio does not have a similar policy, and it is illegal to put down false information on the licenses when filling them out.

The Oct. 7, 2008, letter of reprimand indicates the officers had a supervisor's authority to obtain the licenses.

Despite that, "This was against Division of Wildlife directive and should not be repeated again in the future," according to the letters signed by Todd Haines, then the manager of the Xenia office.

Haines is one of six officials who have pleaded not guilty in the 2006 case of an Ohio wildlife officer who let a South Carolina officer use his home address to receive a $19 Ohio hunting license, saving $106. Haines was charged with one count of obstructing justice and one count of complicity.

Josh Zientek, one of the wildlife officers reprimanded over the fishing license issue, declined to comment Tuesday.

"I trust the system and we've just got to let the system work," he said.

At issue with the hunting license is whether Ohio officials knowingly broke the law. Several told investigators that the practice was widespread in the past.

David Graham, chief of the Ohio Wildlife Division, told investigators the practice of providing the in-state license rate was probably outdated but he didn't think of it as a crime.

"I just had come to the conclusion over time that it just wasn't the probably a socially acceptable thing to do anymore," Graham said in a Feb. 1, 2010, interview with investigators reviewed by the AP.

However, the inspector general's investigation of the hunting license issue released last week says officials knew what happened was illegal.

"The reality is that Wildlife administrators knew that providing false information on the hunting license application is a criminal offense," the report said.

Graham also acknowledged to investigators he was close friends with Allan Wright, the wildlife officer who allegedly obtained the cheaper hunting license for the South Carolina official.

Graham has pleaded not guilty to one count of obstructing justice and one count of complicity

http://www2.nbc4i.com/cmh/news/crime/article/new_watchdog_probe_into_ohio_wildlife_licenses/35402/

[jci36]

Eric Vaughn

"is a material witness" in the case and no "comment on his testimony."  However, Ohio will "not be pursuing any charges against Eric Vaughn in connection with the resident hunting license."

Defendant: Wright, Allan

    * VIOLATION OF: 2913.42A1 TAMPERING W/RECORDS F3

    * VIOLATION OF: 2913.42A2 TAMPERING W/RECORDS F3

    * VIOLATION OF: 2921.13A5, FALSIFICATION M1

HEARING SET FOR 04/21/2010 AT 02:00 PM TYPE PRT

JR# 419 PG# 456 -ENTRY, IN THE MATTER OF THE APPOINTMENT OF A SPECIAL PROSECUTING ATTORNEY IN AND FOR BROWN COUNTY
OHIO, THAT DAVID KELLEY BE APPOINTED ATTORNEY FOR ALLAN WRIGHT

Defendant: Graham, David

    * VIOLATION OF: 2921.32A6 OBSTRUCTING JUSTICE F5

    * VIOLATION OF: 2923.03A2 COMPLICITY(OBS.JUST) F5

HEARING SET FOR 04/27/2010 AT 08:30 AM TYPE PRT

Defendant: Lehman, James

    * VIOLATION OF: 2923.03A2 COMPLICITY (OBS.JUST F5

    * VIOLATION OF: 2921.32A6 OBSTRUCTING JUSTICE F5

HEARING SET FOR 04/28/2010 AT 09:00 AM TYPE PRT

Atty 1: Michael E. Cassity


Defendant: Tackett,Ward, Michele

    * VIOLATION OF: 2921.32A6 OBSTRUCTING JUSTICE F5

    * VIOLATION OF: 2923.03A2 COMPLICITY(OBS.JUST) F5

VACATED HEARING SET FOR 04/21/2010 AT 11:00 AM TYPE APP

Defendant: Haines, Todd

    * VIOLATION OF: 2921.32A6 OBSTRUCTING JUSTICE F5

    * VIOLATION OF: 2923.03A2 COMPLICITY(OBS.JUST) F5

HEARING SET FOR 04/21/2010 AT 11:00 AM TYPE APP

Atty 1: John Woliver


Defendant: Miller, Randy

    * VIOLATION OF: 2921.32A6 OBSTRUCTING JUSTICE F5

    * VIOLATION OF: 2923.03A2 COMPLICITY(OBS.JUST) F5

HEARING SET FOR 04/21/2010 AT 11:00 AM TYPE PRT

[gitano]

jci36, do you have a dog in this fight?
 
Paul

[jci36]

Just keeping up on the situation. Not every day you see these things going on in any DNR. We will see what happens when the dust settles.

[gitano]

I was just curious.
 
You're right, it isn't common. My experience is that "the powers that be" will most often "circle the wagons" and protect "one of their own" until it "hurts". HOWEVER, once it is clear that they (the "powers that be") see that they could get sucked into the vortex, they IMMEDIATELY turn their back on "their own", "throw them under the bus", and then drive back and forth over them.
 
If the "big dogs" in Ohio's "fish and game" organization have abandoned these guys, they're likely to get crucified.
 
Paul

[jci36]

Eric Vaughn

“is a material witness” in the case and no “comment on his testimony.” However, Ohio will “not be pursuing any charges against Eric Vaughn in connection with the resident hunting license.”

John D. Coffin of Michigan.



Jessica "Little noted that her office does not currently intend to pursue charges related to the 2001 issuance of a resident license to Michigan resident John D. Coffin, in part because statute of limitations restrictions may apply."



The defendants did not have to appear at the pretrial last week. The Court has set another pretrial in a couple weeks in which the Defendants must appear. Those pretrials will most likely be in chambers as well (not in open court). No trial dates have been set yet.

Case Number: CR 20102048
Defendant: Wright, Allan

2ND PRETRIAL HEARING SET FOR 05/11/10 @ 12:00

Case Number: CR 20102049
Defendant: Graham, David

SECOND PRE-TRIAL SET FOR 05/17/10 @ 12:00

Case Number: CR 20102050
Defendant: Lehman, James

* HEARING SET FOR 05/17/2010 AT 12:00 PM

Case Number: CR 20102051
Defendant: Tackett,Ward, Michele

HEARING SET FOR 05/17/2010 AT 12:00 PM

Case Number: CR 20102052
Defendant: Haines, Todd

SECOND PRETRIAL CONFERENCE AT THE REQUEST OF THE DEFENDANT SET FOR 5/17/10 @ NOON

[jci36]

Leadership of the Division of Wildlife indicted

Tom Cross
Sportsmen's Exit

If Brown County Prosecutor Jessica A. Little gets her way then the stars of Wild Ohio may soon be playing a roll on Court TV as the grand jury handed out six indictments to the top leadership of the Ohio Division of Wildlife (DOW) for an alleged cover up of criminal activity of a DOW wildlife officer.

According to the Office of the Inspector General and a staff report on the News Democrat website; David Graham, Chief of the Ohio Division of Wildlife; Randy Miller, Assistant Chief of the Division of Wildlife; James Lehman, Law Enforcement Administrator for the Division of Wildlife; Michele Ward-Tackett, Human Resource Administrator for the Division of Wildlife; Todd Haines, Division of Wildlife District 5 Manager; and Brown County Wildlife Officer Allan Wright, were served with indictments last Thursday.

The indictments are a result of a 17 page report, issued March 10, on a four month investigation conducted by the State of Ohio Office of the Inspector General that found Division of Wildlife administrators "Committed wrongful acts or omissions by failing to properly investigate Officer Wright."

The investigation revealed that Brown County Officer Allan Wright wrongfully assisted a South Carolina non-resident in obtaining a fraudulent resident hunting license in 2006 using Wright's home address. The investigation also showed in 2001 that Wrights address "was also listed on a (hunting) license of a Michigan resident whom Wright knew." Additionally Wright admitted to checking in three deer killed by the South Carolina resident.

According to the investigation "Wright knowingly recorded a false address on the harvest report when he listed his (Wright's) address". The report also said that Wright was under investigation in 2007 by the South Carolina Department of Natural Resources regarding trapping violations in South Carolina.

The report showed that the Ohio Division of Wildlife District 4 Law Office issued a memo dated April 25, 2007 to all District 4 officers that stated "In recent months the Office of Law Enforcement for the U. S. Fish & Wildlife (USFW) Service has been receiving requests for assistance from Officers around the State. All requests for assistance shall now go through the Law Enforcement Supervisor for approval." According to the report, on April 29, 2009, DOW Chief David Graham extended that same directive to all Ohio Wildlife Officers.

The Inspector General's investigation also reported that Chief Graham, Assistant Chief Miller, Human Resource Manager Ward-Tackett, and Law Enforcement Administrator Lehman, and D-5 Manger Haines failed to report Wright's alleged violations to the ODNR Director or ODNR Law Enforcement Administrator Mike Taylor as required by ODNR policy and the Governor's policy even though all admitted they were aware that providing false information was a violation of law. The Inspector General found "reasonable cause to believe an act of omission occurred."

In conclusion the Inspector General Report found that Officer Wright's act resulted in producing a fraudulent hunting license and produced another false document when Wright checked the deer killed when listing his home address which is clearly a violation of the Ohio Revised Code.

The report also found DOW administrators mishandled the investigation ignoring the criminal violation and also failed to report the suspected criminal activity to the Director of the ODNR as required.

During the course of the investigation the Inspector General found instances of potential criminal behavior related to the falsification of an Ohio hunting license and other related documents.

The conclusion of the report on the Office of Inspector General's investigation found Allan Wright helped a friend in South Carolina obtain a resident hunting license, and furthermore found Wildlife Administrators failed to investigate the deception as a criminal matter.

As a result of the investigation, according to the News Democrat website who credits the information obtained from the Brown County Court of Common Pleas, the following indictments were filed on April 2 by the grand jury.

Allan Wright, Wildlife Officer, charged with two counts of tampering with records and one count of falsification for allegedly altering ODNR records in Brown County.

David Graham, Chief DOW, for one count of obstructing justice and one count of complicity to obstruct justice.

Randy Miller, Assistant Chief DOW, for one count of obstructing justice and one count of complicity to obstruct justice.

Michele Ward-Tackett, Human Resource Administrator DOW, for one count of obstructing justice and one count of complicity to obstruct justice.

Lames Lehman, Law Enforcement Administrator DOW, for one count of obstructing justice and one count of complicity to obstruct justice.

Todd Haines, District 5 Manager DOW, for one count of obstructing justice and one count of complicity to obstruct justice.

According to the News Democrat website it is alleged that the DOW administrators named in the indictments hindered the discovery, apprehension, prosecution or conviction of Allan Wright or to assist Wright to benefit from the commission of crime by obstructing any person by means of force, intimidation or deception. The complicity charge states that each of the indicated officers had aided or abetted each other in committing their obstructing justice charge.

Allan Wright has been the Brown County Wildlife Officer for 16 years and was named National Wild Turkey Federation's Wildlife Law Enforcement Officer of the Year in 2001 and was also named Brown County Officer of the Year in 2000 and received the Brown County Meritorious Service Award for exceptional service to law enforcement and the community. Wright was also on Bass Pro Shops Redhead Pro Staff and on Pro Staff for Ultimate Firearms.

For a report on the investigation, please visit: http://www.watchdog.ohio.gov/investigations/2009340.pdf.

http://www.peoplesdefender.com/main.asp?SectionID=2&SubSectionID=2&ArticleID=131246