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Lowlights of JeffCo Sheriff’s Critchlow Report, Part 3

17 Sep

Part 1 here, Part 2 here.

Before I begin, it is interesting to note what offenses are contemplated on the first two pages of the Jefferson County Sheriff’s investigative report into the Critchlow affair. They are felony stealing, theft, and forgery and counterfeiting.

Davis Interview

Deborah Davis was Dianne’s secretary and also secretary for the school board. The interview with her covered Dianne’s various illegitimate contracts, as discussed in part 2. It includes a great nugget; when asked if she thought the disgraced superintendent made the contracts, she said she’s “not going to throw Dianne under the bus.” Throw the taxpayers under the bus? Sure. Throw her fellow employees under the bus? No problem. Throw the students under the bus. Done. But Dianne? No way, gotta protect her. Unbelievable. You know who could have made her talk? A prosecutor, with a subpoena. Davis should have been charged as an accomplice.

Other than that, the interview contains a lot of “I don’t recall” and “I did what Dianne said.”

While she has departed from Fox, Davis is still active in district politics. She served as treasurer for successful school board candidate Carole Yount (who has other FOC – friend of Critchlow – connections). Why would someone like Davis who shows no concern for the district want to be involved in the school board? And why would a board candidate want anything to do with Critchlow cronies?

Menchella Interview

Sandy Menchella took over Debbie Davis’ job. Her interaction with deputies showed that the changes to Dianne’s contract were not considered or approved by the school board, as seen in board meeting minutes. This would seem to poke a hole in the idea that Critchlow was not charged with crimes because the board approved everything she did (knowingly or otherwise). The lack of any evidence that the board approved her self-initiated salary increases shows that she is guilty of fraud and theft.

Norrid Interview

Matt Norrid is payroll supervisor at Fox. He pulled out information from 2011-12 and 2012-13 showing additional times that Critchlow gave herself a new contract with higher pay with no authorization. Menchella was consulted again, and the relevant board meeting minutes had no record of these salary increases being approved.

This completes the investigative report.

Omissions

Here are some interviews I would have liked and expected to see performed as part of this investigation:

Todd Scott: Assistant Superintendent for Human Resources under Critchlow. What did he know about all these unauthorized salary hikes for top administrators? We know he helped abet Dianne’s nepotism hires.

Jim Berblinger: CFO before McCutchen. What about these allegations of his Pasta House meetings with district vendors? Also, the current regime at Fox called him out by name for complicity in Dianne’s antics in its responses to the state audit.

Mark McCuthchen: Former Fox CFO, the one who was shredding documents on his way out the door. He was behind the unauthorized pay hikes for top administrators besides Critchlow. He knew what was going on. I imagine he would have lawyered up and refused to talk, but make him do that.

The Critchlows: Why not talk directly to the culprits? Again, they would have refused to talk, but still, put them under pressure and make them rack up attorneys fees.

Perhaps search warrants could have been conducted on the Critchlows’ properties in Arnold, Reynolds County, and wherever else, to look for documents related to her illicit spending and income, and maybe some of the items she purchased on the Fox credit cards. She returned some items to the district (shouldn’t that have been proof of guilt?), but I don’t think everything was given back.

Statute of Limitations

I was thinking that perhaps when a new county prosecutor takes office in January of 2019, he or she could reopen the Critchlow case with an unbiased eye. But Missouri law sets forth a statute of limitations of only three years, so Dianne and her gang are free and clear at this point, as far as the state of Missouri is concerned.

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Lowlights of JeffCo Sheriff’s Critchlow Report, Part 1

4 Sep

After much nagging, and bringing in the Missouri Attorney General, Rich Simpson over at Fox C-6 Watchdogs has acquired an investigative report from the Jefferson County Sheriff’s Office on the Dianne Critchlow reign of fraud at Fox C-6 school district. His Sunshine Law request was directed at the county prosecutor, Forrest Wegge, who claimed to no longer have a copy of the report, but when Sheriff Dave Marshak learned of the request, he gave a copy to Simpson. The report is here.

The information contained in the report makes it even harder to understand how Critchlow avoided prosecution. Let’s take a look at it.

Crutchley Interview

The first interview summarized in the report is with Tim Crutchley, who was Critchlow’s number two man for nine years, first among the many assistant superintendents that Fox employed then. He became interim superintendent when Critchlow abruptly retired, and shortly thereafter took a big $77,000 buyout as part of Fox’s ridiculous golden parachute program from the Critchlow era. As you may recall, the Leader did a puff piece interview when he retired in which they didn’t ask a single question about Critchlow.

Crutchley had lots to say to the deputies and FBI agents who interviewed him. Here’s how the interview summary starts:

crutchley bitch

He proceeded to call out the following people:

  • Dianne’s husband Jamie Critchlow (and five other unnamed individuals) for holding jobs requiring a Master’s degree without actually having one.
  • Longtime Fox school board member Pete Nicholas, who was voted out in 2013 (before the Critchlow scandals broke), for just happening to work for whatever electric company got contracts to do work with the Fox district, and for his wife having a food service job with the district that was, Crutchley says, created by Critchlow.
    • This electrical stuff is a new allegation, at least to me. We know that Critchlow rewarded board members who abetted her reign, and we know that the food service department was one place where employees of board members got jobs (see Kelly Nash).
  • Debbie Davis, Dianne’s administrative assistant and the school board secretary, for being “overpaid” and for letting Dianne use her district credit card.
  • Mark McCutchen, former Fox CFO who abruptly resigned as the poo was approaching the fan, for not being qualified, having no clue what he was doing, shredding lots of documents before he departed the district, and for getting $18,000 in “hush money” from Dianne on the way out.
  • Dianne’s son, for getting paid as a student worker while he was away at college.

This interview seems to prove my thought all along that Crutchley knew what was going on at Fox. How could he not? Even though he claimed to be all about character when he was at Ridgewood Middle School, when he worked under Dianne he did not exhibit character, he exhibited cowardice and complicity.

[I reckon he could have found all this stuff out only after the scandal broke, but I’m not buying that.]

The way he sang to the feds, he could have been the star witness against Critchlow at trial. But unfortunately, feckless prosecutors deprived him of the chance.

Brazeal Interview

Current Fox CFO John Brazeal, who uncovered and revealed a lot of the Critchlow fraud when he took over for McCutchen, was the next interview to be summarized in the report. Here’s what he described:

  • A “do what you’re told because I’m your boss” atmosphere where many feared to speak up because they might lose their jobs.
  • The school board would often vote on items without having all the details.
    • We know that Critchlow withheld information from the board, but the board did not appear to ask too many questions along the way, perhaps in part because some of them had relatives that Critchlow got jobs for in the district.
  • Critchlow donated district money to the MO Association of School Business Officials, but then created a fake check and got reimbursed personally for it.
  • Jamie Critchlow getting a principal job despite lacking the required credentials, and being hired at a dollar amount, not a salary step.
  • Fox’s CFO before McCutchen, Jim Berblinger, had lunches daily with Fox vendors at the Pasta House in Arnold, at which Berblinger would provide the vendors with lists of items he wanted, in exchange for larger contracts with Fox. The interviewing deputy said he had not been able to verify this, but there is no other follow-up mentioned in the report.
    • This is another new-to-me allegation. Berblinger gets blamed in Fox’s response to the state audit for basically being lax, but this suggests he was actively involved in fraud himself.
  • Brazeal also attests to McCutchen’s shredding of documents.
  • Critchlow’s sons were employed by the district, but may or may not have done actual work. One son received $4,000 in scholarships from Fox, directed to him by his mom, as I described here.
  • Jamie accompanied Dianne on a business trip, and trip got paid for by the district even though it was personal.
  • As we saw on the district’s long-withheld credit card statements, Dianne was a big spender on sites like Amazon.com. Many purchases were shipped to her home. She also appears to have gotten the district to pay for her son’s graduation robe.

But wait, there’s more! I will cover other interviews in the sheriff’s report in my next post.

Lawsuit Filed in Sketchy Jail Death

10 Apr

At the end of 2013 I wrote about the death of inmate Terry Edwards at the Jefferson County jail. Edwards, who was being held for driving on a suspended license, had been there for two days after being arrested by St. Louis County police. He died of a perforated ulcer.

Now, a multi-million dollar lawsuit has been filed against the county over this death. The suit contends that Edwards was in major pain from the afternoon of November 28, 2013 (Thanksgiving Day) until his death early the next morning, and that his requests for help were shrugged off by jail staff and the doctor (who was reached by phone).

According to the jail’s IJMS (Inmate Jail Management System) log, the doctor was called at 4:20 pm on the 28th due to Edwards’ “massive stomach pains,” and said to give him Milk of Magnesia. The doctor was called again at 8:58 pm because Edwards had “bad lower stomach pains and his shoulder and arm was hurting.” The doctor said to give Edwards Motrin and have him see the nurse in the morning. Edwards refused the Motrin. (Of note, ibuprofen and other NSAIDs can actually cause ulcers). Deputies’ reports say he was last seen alive at about 2:15 am. It was at about 4:20 am that Edwards was found to be unresponsive and the ambulance was called. He was pronounced dead at 4:44 am.

What The Lawsuit Says

According to the lawsuit, two other inmates stated that Edwards made additional and repeated requests for medical assistance, but jail officials declined, claiming that he was “dope sick” (he was not found to have drugs in his system). The inmates stated that they also asked, and even begged, jail officials to help him, and that he was vomiting blood. One inmate told this version of events to Fox 2:

“He had been having stomach pains, and he was leaned over holding his belly,” the inmate, who did not want to be identified, said.

He went on to say that Edwards asked jail authorities for help.

“Like six or seven times,” he said.

Here’s a contemporaneous Facebook posting:

FB_screenshot2

What Sheriff Records Say

According to one corrections officer (CO), Edwards complained of back pain at 5:45 pm on the 28th, but did not mention any pain when his meal was delivered at 7 pm or at 10:30 pm. This officer mentions no other contact with the inmate until the time he was found unresponsive after 4 am.

Another CO reported that Edwards never asked for medical treatment or mentioned any medical problems. A third CO who interacted with Edwards during the afternoon of the 28th saw him in a vomiting position but says he observed no blood coming up. He also stated with a suspicious tone that Edwards only asked for help when he could see a CO, but did not ask for help when he did not see one. (That kinda seems reasonable to me.)

The CO who apparently was last to see Edwards alive, at 2:15 am, said he complained of stomach pains and asked for something “to calm his stomach.” The CO denied this request, due to his refusal of Motrin, and told Edwards to see the nurse, who was scheduled to arrive at the jail at 9 am.

Discrepancy?

There are apparent differences between what one inmate told the COs and what he told the plaintiff’s attorneys. This is in a CO report:

cox2

This is in the lawsuit:

cox1

The latter statement has additional details; one might wonder why these details were not shared with the COs. But maybe Cox did not feel comfortable placing blame on the COs while he was still in custody. Of note, it does not appear that the COs took statements from any of the neighboring inmates, including one who claimed in the lawsuit that he had asked the COs to help Edwards.

In general, this lawsuit will have to overcome the general tendency to trust law enforcement officers over those who’ve been accused of crimes (however minor) and incarcerated, as well as the probability that there are inmates who lie about medical problems. But the fact that Edwards was fine when he entered the jail and shortly thereafter died of a treatable condition is also a hard fact to explain away.

Contractor

At the time, and I believe currently, the jail contracted with Correctional Healthcare Companies for inmate medical care. This company has been hit with a number of lawsuits for inadequate provision of care and may find itself a party to this lawsuit at some point.

Other Recent Jail Deaths

  • Bradley Kingery – heroin overdose; 2012; arrested during a traffic stop and wanted on outstanding traffic warrants.
  • Michael Abboud – cause unknown at this time; last month; being held for tampering with a motor vehicle and leaving the scene of an accident.

Plaintiffs Proliferate in Pursuit of Politician Pay

22 Mar

On the last day of 2015, Bruce King, Democrat former elected public administrator for Jefferson County who was defeated for re-election in 2012, filed a lawsuit in Jefferson County court against the county, alleging that the county charter had been misinterpreted and that he was not paid as much money as he should have been. The lawsuit demanded back pay and retroactive credits towards retirement.

At the time, observers including me speculated that King was merely a front man, one who no longer had a political career to protect, who was filing the suit on behalf of other greedy incumbent elected officials. Well that belief has been affirmed, because a slew of current and former county elected officials added their names to the suit in January of this year. Most notable, I would say, is county executive Ken Waller, a Republican, who I hear is actively pursuing another job at this time, with two years left in his term. Here is the rest of the list of new plaintiffs:

  • Mark Abel – Democrat deceased former treasurer. His wife is also on the suit, presumably to collect his posthumous windfall.
  • Chuck Banks – Democrat former county commissioner.
  • Marlene Castle – Democrat former recorder of deeds.
  • Randy Holman – Democrat former assessor and current appointed county clerk (put in place by Waller).
  • Pat Lamping – Democrat former county commissioner.
  • Beth Mahn – Democrat current collector.
  • Linda Nees – Democrat former treasurer.
  • Terry Roesch – Democrat outgoing assessor.
  • Dorothy Stafford – Democrat former auditor.
  • Wes Wagner – Democrat former county clerk, who left in the middle of his term for a private sector job.
  • Steve Farmer – Republican current public administrator.

We must condemn the above officials, all of whom are/were making $70-85,000, who knew when they took their jobs what they would be paid, but are now going to the courts to attempt to extract money from taxpayers, in many cases well after they left office. But let us praise those elected officials (who served prior to 2017) who have apparently chosen not to join this lawsuit (let me know if I missed someone):

  • Richard Carter – Republican current assessor.
  • Debbie Dunnegan – Republican current recorder of deeds.
  • Forrest Wegge – Democrat current prosecutor.
  • Michael Reuter – Republican current circuit court clerk.
  • Howard Wagner – Democrat former circuit court clerk.
  • Glenn Boyer – Democrat former sheriff.
  • Survivors of Ed Kemp, Democrat deceased former county commissioner.

The plaintiffs are citing section 7.7.3.11 of the county charter (page 38), which says that “the annual salary of every elected County Officer is not to be less than the annual salary of the holder of the equivalent office in a first-class non-charter county.” The suit then goes on the cite the salaries of elected officeholders in Boone County (which is where Columbia is). Never mind that there are 13 other first-class non-charter counties they could have chosen to compare with JeffCo.The lawsuit says:

“The clear intent also was to provide that…salaries would be adjusted upward to match those of office holders of the highest paying first class non-charter county.”

Doesn’t sound clear to me at all. In general, this seems like a poorly thought out and drafted provision.

All told, this lawsuit could cost the county over $600,000, according to the Leader. This is in addition to the legal costs, as the county has hired an outside law firm to deal with this case (see page 22).

Speaking of lawyers, local attorney and JeffCo GOP apparatchik Derrick Good is one of the plaintiffs’ attorneys in this case. He even helped write the damn county charter that he is trying to exploit via loophole in true lawyerly fashion. Did he help draft the provision in question? It is sad (sad!) to see several supposed conservatives joining in on this effort to divert taxpayer money to their bank accounts.

Some Post-Election Notes

9 Nov

It was a clean sweep in JeffCo for the Republicans, as they won every office in the county, and received majorities here in every statewide race. The one that most surprises me, I’d say, is sheriff. I figured that Democrat candidate Steve Meinberg’s experience as Glenn Boyer’s right-hand man would overcome the GOP tide, since Boyer seems to be fairly popular, but GOP candidate Dave Marshak won with a big 58% of the vote.

Donald Trump received 64.5% of the JeffCo vote, with almost 69,000 votes out of 107,000. By comparison, here are the totals of the last two presidential winners of our county:

2012: Mitt Romney: 55%, 54,000 votes out of 97,700

2008: Barack Obama, 50.5%, 53,000 votes out of 105,700

As you see, Trump blew them out big league. For another comparison, Libertarian candidate Gary Johnson got 3,966 votes here this year, versus 1,715 in 2012, getting more than double the votes this time.

Here’s a table comparing Trump and statewide GOP candidates’ vote percentages in JeffCo versus statewide:

gop-2016-nov-percents

As you see, Trump’s statewide numbers were in line with some of the other candidates (Josh Hawley even got more total votes than Trump). But in JeffCo, Trump far exceeded the other GOP statewide candidates. So this former rep, who was defeated in 2014, was partially right:

“There’s ticket splitters galore this year,” said former state Rep. Michael Frame, who used to represent part of Jefferson County. “I have heard the Trump-Koster thing a million times over. Folks are talking about that quite a bit in the diners, in the Hardee’s, at the McDonald’s.”

While Democrats Chris Koster and Jason Kander got 14-15,000 more votes in JeffCo than Hillary Clinton did, it was not enough to overcome their GOP opponents. In every case, the GOP candidate got a higher vote percentage in JeffCo than he did Missouri-wide. Instead of a bellwether or a swing county, JeffCo is becoming an important vote source for Republican candidates in Missouri.

Vote percentages for GOP candidates in the countywide races ranged from 55-62%, not including the judicial race for division 1, which Republican Wes Yates won with only 52% of the vote. So with the possible exception of Yates, I’d say that Trump’s coattails weren’t needed to facilitate the JeffCo GOP sweep of 2016.

Trump’s big numbers here can only mean he won some Democrat votes. Considering that the average vote count among Republicans listed on all county ballots was about 58,000, compared to Trump’s almost 69,000, that means that about 10,000 county Dems voted for him. The way he won over so many Democratic voters (or Hillary scared them away) in our blue-collar county is probably indicative of how he won the presidential election.

In my next post, I will take a look at the weakened state of Big Labor in our county.

Some Pre-Election Notes

7 Nov

Here are some things I’ve noticed, heading into tomorrow’s election:

-Trisha Stefanski ran as a Republican in the primary for associate circuit judge, division 13, and was unsuccessful. Now she signs on to a supposedly bipartisan Leader ad endorsing all the county Democrat candidates for judge:

judge-ad2

I understand the ideal that we should vote for the person, not the party, in these judge races, but if Stefanski thinks all the Democratic candidates are better, then one wonders why she ran as a Republican?

-I’ve seen a few ads for Democrat house candidate Karen Settlemoir-Berg on Instagram. It is interesting to see local candidates make use (or not) of social media.

-It doesn’t seem proper for sheriff candidates, and the current sheriff, to appear in uniform in their campaign ads:

meiny

This is Democrat candidate Steve Meinberg, with current sheriff Glenn Boyer. I have also seen GOP candidate Dave Marshak in uniform in his ads, but those photos aren’t plastered all over billboards. Meinberg also claims to have the endorsement of most of the sheriff’s office command staff – but do they really support him, or do they fear for their jobs if he wins and they aren’t on board the bandwagon?

Here is Democrat county assessor candidate Todd Melkus in a campaign photo, presumably in his office with his coworkers (he currently works at the assessor’s office). Again, seems rather inappropriate.

melky

-Democrat house candidate Robert Butler continues to talk about the lawsuit he filed against opponent and incumbent Rob Vescovo, even though he lost. I imagine this is not the first frivolous lawsuit Butler, an attorney, has filed.

-The Leader endorsements were an even split, with 7 GOP candidates getting the nod, including all legislature incumbents, and 7 Democrats selected, including 3 of the 4 judge spots.

Glenn Boyer Blocked Again from State Commission

9 Oct

I would argue that, as Governor, Jay Nixon has not done much for us in his home county (to which he will not be returning when he leaves office). One thing he seems determined to do, though, is get outgoing Jefferson County Sheriff Glenn Boyer onto a state commission. However, he is now 0 for 2 in that effort.

After going outside of the legal framework to appoint Boyer to the state veteran’s commission, but being blocked by local senator Paul Wieland (as explained here), Nixon appointed Boyer to the Public Defender Commission (PDC). However, the director of the state’s public defenders, Michael Barrett, then said that due to the obvious conflict of interest, his office could no longer represent any defendants in Jefferson County courts. This is obviously untenable, so Boyer resigned. He admitted this was part of the reason, but also cited medical issues (unlike Rock Ambulance chief Margie Sammons, who said her recent retirement had NOTHING to do with all the controversy surrounding her).

(I should note here that members of the vets commission and the PDC do not receive a salary).

Bad Fit

It seems to me that putting a current/former sheriff on the PDC makes no sense. Boyer’s career has been all about busting perps and not letting things like civil liberties get in the way of that effort. But now he’s supposed to turn around and stick up for indigent defendants who have a constitutional right to effective representation in court? Recall that Nixon had a big dustup with Barrett in August over funding for public defenders. Barrett used a state statute to appoint Nixon as attorney in a criminal case, but Nixon was able to fight off the summons. After this, Nixon appointed three new members to the PDC. Is he trying to stack the board to get Barrett fired? Boyer would have been a good hatchet man to enact political revenge, while at the same time claiming he is above politics.

Looking at the current makeup of the commission, it includes two former prosecutors and a career law enforcement official. One man who was appointed alongside Boyer is a former sheriff of St. Charles County, and the man replacing Boyer was a police detective. An outgoing member of the board has been active in public defender issue, and one of the new appointees has some experience in criminal defense. There is also one member who has apparently had nothing to do with criminal justice. So it seems experience with legal defense is pretty limited on the PDC

I’m not seeing anything online that questions the heavy police/prosecutor makeup of the PDC, but it seems like something that legal reform advocates would question. It is clear that there is a crisis in the public defenders office of insufficient funding and overworked attorneys. Maybe a PDC less inclined towards the prosecution would work harder to address this long-running problem.

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