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A criminal case against the director of a now-defunct social service agency took an unexpected turn Tuesday as a state investigator testified she felt her criminal investigation was being compromised by actions of the prosecutor.
Denise Birt, who led the Tri County Community Action Commission up until its financial collapse in March 2014, was indicted earlier this year on three third-degree felonies — securing writings by deception, theft and falsification — a fourth-degree felony count of theft and a misdemeanor charge of tampering with records.
The crux of the accusations involved accepting $74,585.54 in overpayments for use of a company-owned car in regular $203.12 payments on her paycheck and taking out an illegal loan on a building paid for by federal grant money.
Tuesday, Logan County Common Pleas Judge Mark S. O’Connor heard motions to dismiss the case or to dismiss a tampering with evidence charge and to compel grand jury testimony filed by Ms. Birt’s defense team, led by David Thomas, a white collar crime specialist.
The defense’s lone witness was Ohio Auditor’s Office investigator Nicole Beckwith, who became involved with the case in December 2014 after Logan County Prosecutor William T. Goslee had already launched an investigation along with attorneys with the Ohio Attorney General’s Office’s Charitable Law Division.
In the crux of her testimony, Ms. Beckwith said she felt her investigation was compromised by the prosecuting attorney at three key points.
First, she said she believed the prosecutor seemed to ask leading questions in the interviews conducted prior to her investigation.
Her second point regarded attorney Terrance Stolly who represented Tri County. She said her records led her to a check that indicated Mr. Stolly had made an investment in a Russells Point apartment complex owned by Tri County.
She then said she believed an email sent by Mr. Goslee indicated she should not pursue an investigation into Mr. Stolly’s involvement.
“When the local prosecutor in a case you are working on says he doesn’t want you going down an avenue, you don’t go down that avenue,” Ms. Beckwith said.
Mr. Goslee acknowledged that he had spoken to Mr. Stolly about the case but said that he did not intend his comments to prevent the investigator from looking into any aspect of the case or the attorney’s potential involvement.
Mr. Stolly said this morning he has never had any financial investment in the Russells Point apartments and that he has complied with investigators when asked to do so.
He said he complied with a subpoena to testify at grand jury in the July hearings and has been forthcoming about his role.
Ms. Beckwith also said she was concerned because a news reporter for the Examiner had learned of the consensual search that was to take place at the former Tri County headquarters in early 2015.
“If I am investigating a public official in office, I have to be very careful about how I proceed,” Ms. Beckwith said of the need for secrecy in such matters.
Judge O’Connor closed the courtroom for the remainder of Ms. Beckwith’s testimony, all testimony by Mr. Goslee and the closing arguments because they involved the “secret nature” of two grand jury hearings that were conducted.
Ms. Beckwith filed a report in July 2015 that recommended no criminal charges be filed in the case.
That report, and other testimony, was presented to a grand jury in August 2015 and no charges were returned.
In July 2016, the case was presented to a second grand jury with testimony from additional witnesses and the five-count indictment was returned.
Judge O’Connor said after the hearing he would issue a written ruling on the motions to dismiss and compel grand jury discovery in coming weeks.