County computer probe comes up empty
Fayette County District Attorney Nancy D. Vernon said Wednesday there is no evidence of wrongdoing in the removal of one computer and examination of two others from the county controller’s office. The investigation started when outgoing controller Mark Roberts removed one computer after its hard drive crashed. Roberts, in office for two terms, lost his re-election bid to Sean P. Lally last year.
“Roberts took no action to alter or delete any information. Similarly, Lally took no action to alter or delete any computer information. In fact, our investigation reveals that Lally did not enter into the controller’s office until he took office,” Vernon said.
Roberts attempted to have a repairman fix the crashed computer at the courthouse, Vernon said, but when the repairman did not come, Roberts took the machine to his home.
The state police examined the computers, and found that machine to be “totally dysfunctional,” Vernon said.
“Due to the condition of the computer, no testing could be performed. It is unusable and incapable of retaining any information,” Vernon said.
The other two computers were a laptop used by Roberts and an office computer used by staff.
“There is no evidence of any tampering done to the computers or any deletions,” Vernon said. “All records contained therein are intact. There is no evidence that either Roberts or Lally tampered with the computer hard drives. All spreadsheets and county business were preserved.”
The computers were taken from the controller’s office on Jan. 7, and Vernon noted that even at that time, there was no evidence of illegal conduct that would have necessitated a warrant.
Roberts said he was not surprised at the outcome of the investigation.
“It’s exactly the outcome I anticipated, and the outcome that should have been because I did nothing wrong,” Roberts said. “My reputation has been tarnished, and will never be repaired, all based on the accusations of a bitter political opponent.”
Despite Vernon’s finding that Lally was not in Roberts’ office before the first day he was to take office, Roberts contended that Lally was there on the Friday the computer broke down. That was the Friday that Lally and the other county officials were sworn in, but they did not officially take office until the following Monday.
Roberts said a disk labeled “important home and work files” was on his desk in his private office, and when he returned Friday afternoon, he said it was gone. He indicated that the disk had personal, sensitive information on it, and he is concerned about identity theft.
He said he has not reported the theft to police because he does not want it to appear that he is being petty or attempting to exact some sort of political revenge.
Roberts said it was within his right as controller until 11:59 p.m. Sunday to have the computer repaired, and questioned why he was stopped.
“There was an organized and concerted effort to stop this computer from being repaired,” Roberts said, noting that one technician was told by Sheriff Gary D. Brownfield and an official in the commissioner’s office not to come.
When it became apparent the technician wasn’t going to come, Roberts said he took the computer home to try and repair it himself.
“I didn’t want there to be some notion that I tried to sabotage the computer,” he said.
Commissioner Angela M. Zimmerlink said that while determining criminality is Vernon’s job, the commissioners are the stewards of county property.
“It is most difficult to carry out that role without the support and action from others,” Zimmerlink said. “The county has written policies in place, but just as with other written county policies and ordinances, words mean nothing if enforcement is ignored”
Zimmerlink said she wanted Brownfield take possession of the computers in question so that Lally could decide what to do with the machine. That would have benefited both Roberts and Lally, she said.
Brownfield said previously that his solicitor advised against taking the computer.
Zimmerlink said that failed because “my fellow commissioners and the sheriff chose not to support my suggestion, and instead they drew a line between the elected officials, saying commissioners had no authority to intervene.”
Commissioner Vincent A. Vicites said the situation was discussed “at length” with Zimmerlink, and that he agreed that Lally should be the one to decide what to do with the computer. But Vicites also said that Brownfield had a responsibility to check with his solicitor. Once Brownfield was advised that he could not take the computer, Vicites said he respected that legal advice.
Vicites said that during his tenure, criminal investigations always have been referred to authorities. Vicites said they’ve always abided by whatever decision was made.
“This is their jurisdiction, and whatever decision is made is within their purview,” Vicites said.
Commissioner Vincent Zapotosky said that the issue should be used as a springboard to open discussions about how to tighten courthouse security. To that end, he said he has asked Brownfield to convene a meeting to discuss security in the courthouse.
“We have a responsibility to maintain the integrity of that office, and obviously we did not do that effectively,” Zapotosky said. “I think it’s time we move on and make sure that it never happens again.”
Lally lauded Vernon and state police for moving swiftly through the investigation process.
“I am confident that in the future, if any other issues would arise in our office relating to this event that the district attorney, sheriff and myself would act quickly to resolve those issues,” Lally said.