Legal News Headlines

 
Copyright 2008 Akron Beacon Journal

 Distributed by McClatchy-Tribune Business News

 May 15, 2008 Thursday

SECTION: STATE AND REGIONAL NEWS

ACC-NO: 20080515-AK-DANN-QUITS-GETS-NO-DEAL-0515

LENGTH: 990 words

BYLINE: Dennis J. Willard, The Akron Beacon Journal, Ohio

BODY: 

May 15--COLUMBUS -- After 17 months on the job, and 12 days after admitting an affair with a staffer, Ohio Attorney General Marc Dann resigned Wednesday.

His daughter a few feet from him and Ted Strickland at his side in the governor's Cabinet room, Dann apologized once again and accepted responsibility for his personal and professional failings, but this time he did not promise to push on in office.

Instead, he spoke for less than three minutes about the great work his office has done regarding predatory lenders, the environment, health care and hospitals, and took no questions.

"It is now clear to me that the only way to protect these priorities of the office of attorney general and for the people of Ohio is to remove myself from the situation," Dann said, adding his priority now would be to go home and focus on his family.

The resignation was expected as the pressure on Dann mounted this week when his fellow Democrats in the Ohio House introduced a resolution with articles of impeachment, and the legislature quickly passed Tuesday -- and Strickland immediately signed -- a law authorizing the Ohio inspector general to launch an independent investigation into the attorney general's office.

Tom Charles, the inspector general, wasted no time moving in on Dann on

Wednesday morning. He seized computers from the office and posted State Highway Patrolmen at the first-floor elevators in the James A. Rhodes Office Tower to prevent employees from taking any papers or other materials.

Strickland said he believes the investigation should proceed.

By law, Tom Winters, Dann's first assistant attorney general, fills the vacancy in the office until Strickland appoints a successor.

The governor said he would begin working on a replacement immediately, but he was unwilling to discuss potential candidates.

With Dann leaving, an interim attorney general will serve until voters choose someone this November to serve out the remainder of the four-year term.

The governor said he will be looking for someone who is mature, has management experience, integrity and can instill confidence in the hundreds of employees at the attorney general's office.

Democrats have pushed for Dann to resign, fearing the scandal could harm their efforts to help their party's candidate win the presidential election this fall and potentially prevent them from picking up four seats and the majority in the Ohio House for the first time since 1995.

Strickland said Dann's resignation will not damage his party in the November elections.

"This is not the failings of the party. I think the party responded strongly and forcefully in taking steps to clean our own house," Strickland said.

Ten days ago, Strickland asked Dann to resign during two Sunday night telephone conversations, but he refused. The same evening, Strickland and six other top Democrats signed a letter demanding he resign or they would move to impeach him.

Dann met with the governor sometime shortly after 3 p.m Wednesday, about 90 minutes before announcing his resignation.

Strickland said Dann expressed a desire to ensure the employees of the office would be treated fairly by his replacement.

'No deal,' governor says

They talked about the economic hardship this would place on Dann and his family, but "there was absolutely no deal made between me and my administration," Strickland said.

"I feel badly for him," Strickland said, and expressed his thoughts and feelings for Dann's family.

On Tuesday, Dann attempted to convince Republican legislative leaders through intermediaries, including Lt. Gov. Lee Fisher, that he would resign immediately if they would wait 90 days to turn Charles loose, but those overtures were rebuffed.

Fisher said he carried the message to House Speaker Jon Husted, R-Kettering, and Senate President Bill Harris, R-Ashland, but it was not the administration's position.

Twice in the past two days, Fisher met with Dann. The two men have known each other for 29 years.

Fisher described Dann as "contrite" during those conversations.

State Rep. Robert Hagan, D-Youngstown, also talked to Harris on Tuesday about slowing the launch of an investigation in return for Dann's resignation.

Hagan said it was clear that Republican leaders were playing politics with the issue by not only refusing to delay the start, but also by killing an amendment that would have given Charles three months to complete the probe.

Other investigations

Husted said the resignation was long overdue.

"We can now allow the inspector general's independent investigation, and others, to take their course so integrity and public trust can be restored to the office of the Ohio attorney general," Husted said.

The Highway Patrol and the FBI are both investigating the office.

Harris also called for Charles to continue investigating, noting Dann "did the right thing" by resigning.

On May 2, Dann admitted to an affair that potentially encouraged an office atmosphere where sexual harassment and hostility was tolerated.

Two women employees brought sexual harassment charges against Anthony Gutierrez, a top staffer who shared a condo with Dann and Leo Jennings III, his communications director.

An internal investigation, released just prior to Dann admitting his affair, confirmed the accounts of the two women. Dann fired Gutierrez and Jennings, accepted resignations from Ed Simpson, his chief of staff, and his former scheduler, Jessica Utovich, with whom he allegedly had a romantic relationship.

Dennis J. Willard can be reached at 614-224-1613 or dwillard@thebeaconjournal.com

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LOAD-DATE: May 15, 2008