Janczyk, Leone & Curry comment on Grant, Ehlers, Sidaway, Hvisdos, O'Brien & Petro

From Molly Janczyk, April 23, 2006

Subject: FW: Felonies Not Committed by Grant and Ehlers

My understanding was that they just wanted covered in case of any possibility of something brought against them: scared to be involved or considered involved; but I figured it was not much since their own attorneys told them to testify and there was no problem against them-nothing to worry about. Also based my remarks on David Freel, Exec Direc of OEC when he spoke to us and said very plainly, they just didn't find anything beyond ethics violation misdemeanors to take to prosecutor and that STRS did not compare to the OP&F in what they did. But, if some of them can be developed into felonies, I am sure not against that!!!!! Looks like the only hope we have for now is with the STRS attorneys. Thanks for the update .

_______________

From Dennis Leone, Sun, 23 Apr 2006

Molly, from the information I received this past Thursday, you are apparently correct. The 2 employees had no idea the lawyer was going to say all that he did. It was an embarrassment to them and both have written to Damon to say that. Neither of them even went to Hairspray. Since they were with board members earlier in the day, they obviously had knowledge of what the board members would be doing that night, but that's about it. The 2 of them are STRS real estate analysts. It was, in my opinion, THEIR job to be in New York..........and apparently some board members -- in the past -- felt it was their job too. How stupid for 5-7 board members to fly around the country inspecting STRS-owned real estate. We hire people who are supposed to be experts in those areas.

Dennis Leone

_______________

John Curry Writes:

Molly, covering up or attempting to cover up evidence (as in the paper trail of Cleveland Indians ball tickets) IS A FELONY. Kostyu's recent Sidaway trial article stated:

"Something more troubling, however, became clear at Sidaway's trial. Based on her own testimony, former in-house STRS attorney Cynthia E. Hvizdos apparently gave Sidaway bad legal advice, and she may have helped cover up the violations once the ethics commission began its investigation.

"Cindy Hvizdos agreed to assist in purposely disguising the tickets," Nick said about her testimony. "She might be liable."

Prior to the trial, Hvizdos offered to help Sidaway, who didn't disclose that communication with her own attorney. He was caught off-guard and put at legal risk for failure to disclose the communication to prosecutors. Hvizdos retired because she has multiple sclerosis and apparently no longer practices law. So it's not likely she will face charges or sanctions."

Hazel even shocked her own attorney by this dirty laundry statement that came to light in the trial. If the prosecution doesn't run with this, then they aren't worth their salt. BUT - the Columbus City Prosecutor's office does not prosecute felonies, the Franklin County Prosecutor (or a visiting out-of-county prosecutor should there be a conflict of interest) does. You know, Ron O'Brien (Franklin County Prosecutor), the guy who was the beneficiary of a campaign fund raiser hosted FOR HIM in Cleveland BY none other than former STRS Board member Jim Petro earlier this year. Now, Ronnie wouldn't want to see egg on Jimmy's face, would he?

John