Investigation could begin next week
By STEPHEN ORAVECZ and RON SELAK JR. / Tribune Chronicle
POSTED: May 10, 2008
Fact Box
Excerpts from the investigationTelecommunications assistant Vanessa Stout was interviewed about charges of sexual harassment by her boss, Anthony Gutierrez, the attorney general’s director of the general services department.
Q. Did you ever say, “Tony, I like you, but not like that?”
Stout. I’ve said that to Tony a lot. I have said that he’s older. I would tell him, “You’re an old man, Tony. You’re married. What morals would I have if I were to sleep with you?” And he would reply, like, “——, you’re blunt — you’re more blunt than anybody I know.”
Q. Did he ever make any offers to you to use (a sex toy that Gutierrez had given Stout as a present) with you, anything like that?
Stout. ... he would call me into his office, like, you know, “When are you going to — have you used that thing yet?” I’d say, “No, it’s still in the package.” He’s like, you know, “Am I going to see you use it when you open it up?” I’m like, “That’s gross.”
Q. Okay, did Tony tell you what happened after he admitted it (Marc Dann told his wife about his affair with his scheduler, Jessica Utovich), anything happen at work?
Stout. Just how ——— off Alyssa Dann was. Just that she’s ready to cut his —— off. She’s had it.
Mariellen Aranda, payment card administrator and afternoon receptionist, was interviewed regarding text messages she received from her friend, Cindy Stankoski, about Stankoski’s problems with Gutierrez.
Q. Tell me about what you remember about the text messages.
Aranda. That she was uncomfortable. She didn’t want to be there. He was saying things to her that — like — she had asked him why he didn’t go over her resume with her when she was interviewed for her job. He said her —- got her the job, or something like that.
Q. Now on Oct. 10 you went to Molly Taylor (in human resources). Tell me why you went to Molly Taylor.
Aranda. I went to Molly Taylor because it had finally been enough for me. That day (Gutierrez) had told me to shut up and not speak unless I was spoken to, and that was just what did it for me. I mean, I couldn’t handle — I couldn’t handle it anymore, with the sexual inappropriateness, the ethics issues I was concerned about, the — with everything. I just — couldn’t handle it anymore and I needed to talk to someone, because I was concerned.
Q. Is there anything else you feel is relevant that I haven’t asked you about?
Aranda. Bragged about breaking the law. Bragged about — he was consistently talking about — it appears as if he was running his construction business out of the state office.
Jennifer Urban, a lawyer with the Attorney General’s Office who had been friendly with communications director Leo Jennings, was interviewed.
Q. I may have asked you this question already, but just going back a little bit, would you tell me again why you said Leo would suggest that you lie to this investigation.
Urban. He did not want you or Julie to believe that there was anything extramarital going on between him and I. And he did not want — basically he wanted to go fast and loose around the edges so it didn’t seem like there was anything extramarital going on.
Attorney General Marc Dann was interviewed about Gutierrez.
Q. And did you have personal knowledge of his application?
Dann. I conveyed the concerns I had about his potential employment to my chief of staff.
Q. What were those concerns?
Dann. Concerns about his — about the fact that he might not have paid his taxes, because I was aware of that. And I had concerns about whether — about the fact he had had a drunk driving arrest.
Republican leaders in the Legislature said Friday that they will pass a bill giving Ohio Inspector General Tom Charles the authority to investigate the attorney general’s office. Democrats are backing the bill, and Gov. Ted Strickland said he will sign it.
House Speaker Jon Husted and Senate President Bill Harris said they spoke with Charles and he indicated he is willing to conduct the probe.
The House will approve the bill Tuesday, the Senate on Wednesday and Charles will get to work immediately, they said.
In the wake of a sexual harassment investigation that saw three top aides lose their jobs, Dann admitted last week that he had an affair with an employee and mismanaged the office. Democrats and Republicans have called on Dan to step down or be impeached, but he refused, saying he has not committed any impeachable offenses.
Husted and Harris said they were moved to act Friday by reports that an Ohio Bureau of Criminal Identification and Investigation employee erased computer data that was related to the investigation of Anthony Gutierrez, the attorney general’s former general services director.
Gutierrez was fired last week following an internal office investigation of sexual harassment charges that also accused him of running his private business, MTV Construction, on state time using state property. The information removed from the computer may have been tied to that business, they said.
Husted and Harris also sent a joint letter to BCI Superintendent Robert A. Fiatal demanding answers about the computer.
Kathleen Walley, 43, who worked under Gutierrez, was suspended with pay on April 21.
Dann spokesman Ted Hart said Walley is accused of ‘‘having her computer scrubbed clean when not authorized to do so’’ by a BCI employee. BCI is part of the attorney general’s office.
Hart said he was unsure what information was removed from the computer.
Walley worked in the attorney general’s Youngstown office. She was hired in July 2007 and earned $33,100 a year.
She could not be reached for comment.
The office is reviewing the situation regarding the BCI agent removing the files from the computer, Hart said. The Ohio Ethics Commission and the Ohio State Highway Patrol have been asked to include this latest incident into their ongoing investigation of Gutierrez, Hart said.
Husted and Harris said the allegations were ‘‘troubling.’’ They asked BCI superintendent Fiatal how it could happen, when it happened and if the hard drives of any other computers have been wiped clean.
In a joint statement, Husted and Harris wrote, ‘‘It has become clear to us over the last several days that a comprehensive, independent investigation is necessary.’’
House Minority Leader Joyce Beatty, D-Columbus, said in a telephone interview that she joined the Republicans in their call for an independent investigation.
Asked if the investigation would delay impeachment proceedings, she said that is the wrong question. She said there are several steps to the impeachment process and the investigation is part of the information gathering process.
The move to impeach Dann will not proceed according to any timeline. Beatty said, ‘‘The important thing is to make sure we get his right and to be fair.’’
Democratic Gov. Ted Strickland previously called for an independent investigation and will sign the bill. He said Strickland remains committed to building an unassailable case for impeaching Dann.
Strickland said Dann has two options, to resign or be impeached.
State law only allows the inspector general to look into the governor and agencies under his control. The bill to be voted on next week expands that authority.
Gutierrez, 50, of Liberty, a close friend and neighbor of Dann, operated a construction company before coming on as director of general services.
Transcripts of interviews done during the sexual harassment investigation show one employee, who previously worked for Gutierrez, claimed it appeared he was running his personal business from the state office, getting calls on his cell and desk phone.
The woman, Mariellen Aranda, also claimed Gutierrez had an employee work on blueprints that were for his construction company.
Before coming on as a secretary in the Youngstown office, Walley owned the Youngstown Crab Company on Belmont Avenue for two years and then worked as a receptionist/biller with Forum Health in Youngstown, according to her personnel file.
She sold the restaurant in 2002 and her job at Forum was eliminated in 2006. She then took a job with NEOMED in Boardman as a billing specialist, the file shows. There is nothing to indicate she worked for Gutierrez’s construction company, MTV Construction.
soravecz@tribune-chronicle.com
rselak@tribune-chronicle.com
Member Comments
View Comments: | 1-4 | Post a comment
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warrenman
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05-11-08 10:54 PM
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lets wake up and be real about this mess he crapped in his own pants ,,,how can he try to blame others for his incopentency ,be a man and get on your way out of town what an embarrassment you are to our state ,,,,,,,,,,,,absolutetly no shame,,how does he getting along at home
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VoiceOfReason
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05-10-08 10:08 AM
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Dann – we understand the pattern now… hire your neighbor; hire your buddy; hire your carpenter; hire the person serving you food at dinner… forget qualifications. What are the qualifications of the remaining staff? Similar pattern I’m guessing. Sorry to say it, but the job is is clearly over his head. He may understand the law, but doesn’t understand how to run an organization. A staff worker… not a leader…
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VoiceOfReason
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05-10-08 10:00 AM
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Kathleen Walley – Have you ever heard of the term “obstruction of justice?” Start packing your bags. You can join other notorious people that have destroyed records, like the folks over at Enron. Unfortunately, this is another example of incompetent and unqualified people in positions that ultimately compromised Dann’s integrity; also another example of Dann’s lack of leadership skills and general incompetence for hiring such people.
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warrenman
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05-10-08 9:24 AM
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what is there to investigate throw the bum out,lets hope he leaves quickly.. its starting to look more like a cover up
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