J.D. Tomlinson: No special prosecutor for radio controversy investigation

Lorain County Prosecutor J.D. Tomlinson is no longer seeking a special prosecutor to handle an investigation into the monthslong emergency radios controversy. Tomlinson confirmed his decision Tuesday, a day after sending a letter to that effect to Lorain County Sheriff Phil Stammitti, whose office is conducting the investigation. That investigation is running parallel to one being run out of State Auditor Keith Faber's office, which is investigating Commissioner David Moore's nearly 2-year-old allegations of alleged contract steering against Commissioner Michelle Hung, a fellow Republican. So, too, is the Lorain County Sheriff's Office, according to comments Stammitti made to The Chronicle-Telegram on May 4 and a news release he issued April 24. Tomlinson said there's no reason for him to find a special prosecutor if the investigation is currently in Faber's hands. Stammitti told the Chronicle on May 4 that he's only looking into Moore's allegations against Hung, not into allegations that Moore and Commissioner Jeff Riddell are trying to steer the contract to a rival radio system. He repeated that assertion Tuesday. This was news to Tomlinson, who said he believed he was seeking a special prosecutor to help look into the Lorain County Fire Chiefs Association's allegations that Moore and Riddell are trying to steer the radio contract to the state-backed Multi-Agency Radio Communications System, or MARCS. There is not, currently, an investigation into Riddell and Moore though Stammitti said his investigation could go that route if criminal behavior is uncovered. The two Republicans are the two main critics of the 2022 bid process that resulted in Cleveland Communications Inc. receiving millions in American Rescue Plan Act funding for the L3 Harris radio system. They said the contract was improperly bid, is potentially unethical and possibly illegal but have provided no evidence of their claims in public. Moore and Riddell rescinded the contract in January, less than a month after it was awarded in December to CCI by Hung and former Commissioner Matt Lundy, a Democrat. Moore has since criticized Stammitti's investigation into the matter as coming 20 months too late. Riddell has criticized the sheriff, a Democrat, for what he called the "weaponization of the Lorain County Sheriff's Office for political purposes." Riddell "could be thinking that, but right now it's us investigating Moore's thing, and we'll be moving in that direction," Stammitti said Tuesday. Stammitti denied Riddell's allegations, and on May 4 said he is only investigating Moore's original allegations that Hung tried to steer the $8 million contract to CCI — a complaint Faber's office has been investigating since January 2022. In his letter dated Monday, a copy of which was obtained by The Chronicle, Tomlinson told Stammitti he was no longer seeking a special prosecutor to handle the probe. Tomlinson has a conflict of interest when it comes to investigating Moore's allegations against Hung, since he is legal counsel for both the Board of Commissioners and the sheriff's office. He can't handle any investigation when it comes to Riddell and Moore's actions for the same reason. "Consistent with your remarks to The Chronicle-Telegram and me, my understanding is that the purpose of your investigation is to discover the facts and circumstances surrounding the allegations made by Commissioner David Moore against Commissioner Michelle Hung, relevant to her vote to accept the CCI contract," Tomlinson wrote Stammitti. "In the above regard, please be advised that with respect to this investigation, I have met with personnel from the office of Auditor Keith Faber, including the attorneys who prosecute Faber's cases," the prosecutor wrote. "Because I have referred Commissioner Moore's allegations to the state auditor for investigation and for any prosecution that may follow, I find that the appointment of a special prosecutor to assist the same investigation at the county level would not be a prudent expenditure of taxpayer dollars." "However, should any of your deputies somehow learn facts that would give rise to a criminal investigation, please advise and I will continue to seek out a special prosecutor to assist you," Tomlinson wrote. The prosecutor said Tuesday he had no problem seeking out a special prosecutor, as long as it was for an investigation that wasn't already being conducted. Given their reactions to Stammitti's April 24 news release announcing his investigation, Moore and Riddell "clearly thought they were the subject of the investigation," Tomlinson said. But with Stammitti now saying he's not investigating Riddell and Moore and the rescinding of the radio contract, "what good is a special prosecutor?" Tomlinson asked Tuesday. Stammitti said Tuesday he had received and read Tomlinson's letter. "We're going to continue doing what we're doing, investigating this thing that's been waiting out there 20 months," he said. "Wherever that takes us, that's where we'll go." Moore and Riddell's vote to rescind the CCI contract is not right now under investigation, he said. "... but it could be down the road," Stammitti said. "Anything criminal, we'll investigate that, no matter who it is." A proponent of the CCI contract and the L3 Harris radio system, the Lorain County Fire Chiefs Association wants everything surrounding the radio controversy investigated, association President and Wellington Fire Chief Mike Wetherbee said Tuesday. He said his group wants Hung and former Commissioner Lundy investigated "hopefully to prove their innocence from these baseless allegations" that the process of awarding the radios contract to CCI was improper. The fire chiefs also want Moore, Riddell and County Administrator Jeff Armbruster investigated for what Wetherbee said he suspects is their favoritism toward MARCS. "Why are they pushing so hard for MARCS, why is MARCS the system of preference for them" when it is not for the fire chiefs nor for Stammitti and his deputies union, Wetherbee said. "It's obvious to anybody who's keeping up with this." Moore and Riddell have said they don't favor any of the potential bidders. Hung and CCI have also denied any wrongdoing. Wetherbee said his preference would be for Attorney General Dave Yost's office to take "a clear, unbiased look at all these individuals." The Ohio Attorney General's Office previously declined to provide Tomlinson with a special prosecutor, according to documents reviewed by The Chronicle. "I've been sitting here under the belief (the sheriff's office) was investigating my request," Wetherbee said. "That's what we had thought we were requesting." Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him on Twitter @DaveOBrienCT.