Lara Baker responds to Evelyn Cuthbert

From: Lara Baker

Sent: Thursday, January 19, 2006

Subject: RE: Lara Baker: Sidaway trial

Ms Cuthbert:

It is true, to the best of my knowledge, that the reason for the defendant's request for a new court date was a conflict with an out of town trip, however, I do not know the purpose of her trip. In any event, as the last court date was at my request in order to obtain additional information and to further investigate, I indicated to defense counsel that should the new date be a problem I would have no difficulty agreeing to a continuance. I can assure you that this is common practice -- I needed the last continuance and he did not object, in exchange I agreed to be accommodating in the new court date -- that is how professionals deal with one another and I would have given (and have given) the same consideration to members of the public as well.

As for your remaining remarks, once again, I appreciate your concerns regarding the Boards' exercise of its fiduciary responsibilities but my role is limited to the prosecution of alleged violations of Ohio's ethics laws as currently defined by statute. If you are concerned that some of the practices engaged in by the Board should have been prohibited by law but were in fact allowed, then my suggestion would be to lobby your local representative for a change in the law. As it stands, I can only prosecute those offenses currently on the books and I can only do so if I have the evidence necessary to prove a violation beyond a reasonable doubt. In your comments you at once criticize the length of time it has taken to prosecute Ms Sidaway and others while at the same time you state, regarding Mr Dyer, "Could it have been made regarding the time it would have taken to obtain the information needed to prove it beyond a reasonable doubt? Sometimes it is a matter of time and asking the right questions needed to obtain this kind of information and a passionate ability to argue a case." I was compelled by the statute of limitations to initiate cases against Mr Dyer and Ms Sidaway at the time that I did. However, I have used the time since then to continue our investigations into Ms Sidaway's behavior, as well as other members of the Board and members of the STRS staff. In other words, I am using the time that you have suggested that I use to ask the right questions and to ferret out, if it exists, evidence to support the various allegations raised. I take my job seriously and I take the charging of a criminal offense seriously. I am sorry if you feel otherwise.

Once again, I appreciate your comments.

Sincerely,

Lara Baker

Chief Legal Counsel, Criminal Division

Columbus City Attorney's Office