Commentary: Prosecutor won’t touch allegations in August

Columbus Dispatch

Wednesday, December 14, 2005

ANN FISHER

Timing, apparently, is almost everything when it comes to grabbing the attention of Franklin County Prosecutor Ron O’Brien if a public official is involved.

His is a delicate balance. As prosecutor in the home county of Ohio’s state capital, rare is the day there’s a shortage of shenanigans. What to do? Which case to pick? His cup runneth over during both his tenure as Columbus city attorney and now as county prosecutor.

Then again, O’Brien is smart and knew what he was getting into. So we’ll pity him only a little.

Over the years, he said, "I’ve become more than a little suspicious when allegations arise" within a few months or weeks of Election Day. Fair enough. "Folks," he said, "have a habit of trying to criminalize an election these days."

He mentioned the proverbial "October surprise," a timeworn political device that, even when no wrongdoing is found, can level a candidate.

What if the allegations surface in August? That’s still too close to an election for his taste. He’ll refer you to the police.

January is just right, however, if you’re a well-known lawyer who can make an appointment with the prosecutor without first stating a purpose. That, O’Brien said, is what happened early last January when Columbus lawyer Benson Wolman visited his office and handed over a folder with the allegations and details.

Wolman told O’Brien, among other local officials, that employees of the Franklin County Municipal Court clerk’s office had accused their then-boss, Michael A. Pirik, of allowing an employee to fudge her time sheets. Pirik, who has denied the allegations, was defeated by Lori Tyack in the Nov. 8 election and left his job later that month "to exercise his right to vacation" for the rest of the year.

O’Brien, a Republican, as is Pirik, said he couldn’t just say no when Wolman presented the allegations. So he turned the evidence over to his white-collar investigations unit and then discussed it with at least two Democrats — the city attorney and the city auditor. In the end, there wasn’t enough to proceed, O’Brien said.

So the folks — both Democrats and Republicans — at the clerk’s office continued to look for the goods that would substantiate their claims and persuade someone to take another look. They returned to O’Brien in August with a new lawyer and more evidence. This time, O’Brien wouldn’t even look at the additional evidence.

He said he’s nothing more than a genial political acquaintance of Pirik’s, although he cohosted a fundraiser for him and has donated to Pirik’s campaign. They don’t dine or otherwise socialize together. They are just both Republicans. No conspiracy.

City Attorney Richard C. Pfeiffer Jr. did look at the new information and promptly referred the case to the Columbus police. Now a grand jury is reviewing evidence.

O’Brien was right to question the timing. But his abject refusal in August rang hollow, as if those who would blow the whistle should know and understand the subtleties of timing. They probably did, which is why they first went to him and others in January. When they returned with the goods, it was just too late. "I told them to go where you should go in the first place 100 percent of the time," O’Brien said, "and that’s to the police agency." At least in August.