Paul Kostyu on Sidaway trial: Immunity requests jolt STRS case, prosecutor

Canton Repository

Friday, April 14, 2006

By Paul Kostyu

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COLUMBUS - The prosecution’s case against a former Canton City Schools teacher exploded Thursday when two of its witnesses refused to testify without a sweeping promise of immunity from prosecution.

Attorneys for Mary Ellen Grant and Stephen W. Ehlers refused to let their clients testify in the state’s case against Hazel Sidaway of Parkridge Circle NW in Plain Township. They want immunity for any crimes, including felonies, their clients may have committed while employed at the State Teachers Retirement System. Grant, the director of the real-estate section in the investment department, has been with the pension system at least 20 years.

Columbus’ Chief Legal Counsel Lara N. Baker, clearly frustrated and flabbergasted, was willing to grant the two immunity from a possible misdemeanor, but said she didn’t have the authority to waive felonies. That has to come from the county prosecutor. Eileen Boles, executive assistant to the pension board, testified Wednesday and Thursday with a misdemeanor immunity agreement.

Baker said she couldn’t imagine Franklin County Prosecutor Ron O’Brien agreeing with a request to waive all crimes, including those that may have been committed years ago.

“(Grant) could have committed murder,” Baker told Municipal Court Judge Carrie E. Glaeden. “I’m not saying she did, but it would apply to any case. I didn’t know anything was out there. I’m at a loss.”

Sidaway has pleaded innocent to six misdemeanor charges of violating state ethics law. One of those violations included a trip to New York City in May 2003 to inspect the pension fund’s real-estate holdings. She is accused of accepting two $250 tickets to a Broadway show and not reporting them on her annual disclosure statement, which is required of all public officials.

Grant and Ehlers went on the same trip. Though they are not required to file ethics forms, both did so voluntarily for 2003 at the urging of the retirement system administration.

Ehlers is a portfolio manager for the eastern region in the investment department. He makes more than $114,000 annually. Grant’s annual salary is more than $160,000.

Both hired attorneys Thursday morning, just hours before they were to take the stand. They had been interviewed by investigators of the Ohio Ethics Commission in August 2005.

Richard Cline, Grant’s attorney, told Glaeden he was unfamiliar with the case and had brief conversations with his client before appearing in court. He said he wasn’t clear what Grant’s risk could be and advised his client to plead the Fifth Amendment against self-incrimination should she be forced to testify. Ehlers’ attorney, M. David Burton, advised the same for his client.

“Mr. Cline, you’re not convincing me,” said Glaeden, who sent the jury home early so she could deal with the problem.

During a break in the proceedings, the judge retrieved information from her office about the Fifth Amendment, which she said she would study overnight.

Prosecutors were to meet with Cline and Burton to work out an agreement. Glaeden ordered all of them to be in her courtroom at 8 a.m. today with a solution or she would issue a ruling.

“We hope to work it out,” Baker said later.

H. Ritchey Hollenbaugh, Sidaway’s attorney, silently watched from the defense table as the episode unfolded. He said later he would reserve comment until after the trial, which had been scheduled to end today.