WRITTEN BY DAVID DEWITT
MONDAY, 28 SEPTEMBER 2009 19:35
Athens County Democratic Party Chair Susan Gwinn received several rounds of applause showing support when she addressed Central Committee members Monday night after being indicted last week by a grand jury for the alleged misuse of political funds.
The indictment includes three felony counts and three misdemeanor counts. The felonies are fourth-degree, two of theft in office and one of money-laundering.
Gwinn said that she had been offered a plea bargain consisting of one misdemeanor, a $100 fine and her resignation as county chair. That couldn’t be immediately confirmed.
“I refused to do that,†Gwinn said to applause. “Since [Athens County Prosecutor] Dave Warren asked for a special prosecutor 14 months ago, I’ve continued to lead this party. I have continued to financially contribute to the party in significant amounts because I believe that the Democratic Party is critical to our citizens… to helping people in our society who are less fortunate… And that’s why I’ve determined to continue and stay on and continue to be committed to this party.â€
Gwinn said while the last 14 months haven’t been easy, and she doesn’t expect the upcoming months to be easy either, she has committed to “fight this fight.
“I thank you all for coming tonight, and for your support,†she said to a second round of applause.
At the meeting, Gwinn explained that she believes three of the charges – two of the felonies and one misdemeanor – are the result of a billing error on the part of the Time Warner cable company.
“The indictment is very vague, but from the timeframe and what has happened, we believe [these three charges] are the result of a billing error by Time Warner cable during the fall of the 2007 municipal elections,†Gwinn said. “At that time I permitted the party to use my personal Time Warner account because the party at that time did not have the money to prepay for the cable ads to run for our candidates.â€
Gwinn said that when she received the billing from Time Warner, she could not ascertain what were her office account expenses and what were the party’s.
“And at that time Time Warner provided us with a breakout of those charges – who owed what – and based upon that, payment was made,†Gwinn said. “I gave [Party Treasurer Lenny Eliason] a copy of that at the time and paid him accordingly.â€
Later, Gwinn said, it was determined that the amounts provided by Time Warner were incorrect.
“It was really very difficult to determine how they should have been broken out, but based on probably hundreds of hours of work going through all the records, I determined that I might owe the party another $1,000 that I paid,†Gwinn said. “And that’s the basis of three of the charges.â€
Gwinn said the notion that she would steal from the party is ludicrous.
“For 13 years I’ve given my heart and soul to it,†Gwinn said. “I have given over $50,000 to this party or its candidates since becoming chair. Obviously there would be no reason for me to do that, particularly at a time when I was giving a considerable amount of money.â€
Eliason, who also serves as an Athens County commissioner, said that he believes the party has sorted out the Time Warner cable situation, but declined to comment further as he expects to be called as a witness in the case.
“I think we have (sorted it out) but that remains to be seen,†he said.
The other three counts, Gwinn explained, have to do with her borrowing money for her unsuccessful 2008 primary race for county prosecutor against C. David Warren. Those charges constitute one of the felonies and two of the misdemeanors.
“I believe this is all politically motivated,†Gwinn said. “I believe that I will eventually be exonerated from these charges.â€
In the recent past, some of her supporters have suggested that either county Prosecutor Warren or the appointed special prosecutor, Republican Dave Yost, had political motivations in going after Gwinn. Both have denied that’s the case.
The counts against Gwinn are as follows:
• two counts of theft in office, a fourth-degree felony;
• one count of money laundering, also a fourth-degree felony;
• unauthorized use of property, a fourth-degree misdemeanor; and
• two counts of falsification, a first-degree misdemeanor.
Late last year a local judge appointed Yost of Delaware County as a special prosecutor, reportedly after complaints were voiced to the Athens County Prosecutor’s office about questionable donations to Gwinn’s campaign to unseat Warren in the Democratic primary for prosecutor.
Last April, Yost, who is currently a candidate for Ohio attorney general, filed a complaint against Gwinn with the Ohio Elections Commission, alleging that she violated elections law by trying to disguise $27,000 worth of donations by listing them as personal loans.
In previous comments and court filings, Gwinn has maintained that that’s exactly what the money was, and that she broke no law by spending a personal loan from her brother and another man on her campaign. They have backed her up on that point.
Last summer, the OEC found probable cause that Gwinn had broken the law, and recommended the case be turned over for possible criminal prosecution.
Initially, the investigation of Gwinn appeared to focus mainly on her campaign for county prosecutor. The indictment, however, seems to suggest that some of Gwinn’s alleged offenses may actually relate to misuse of the funds of the county Democratic Party, which Gwinn explained as the billing error of Time Warner cable.
While most Democratic Party members contacted by The Athens NEWS and Athens Messenger have stood behind Gwinn, and said she should remain as party chair while the case goes through the courts, at least two party leaders have suggested that she step aside, at least temporarily.
Local Dem Party leaders give indicted chair rousing support
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