UPDATED Brown County prosecutor, Natural Resources officials comment on Wright's indictment
The Brown County prosecutor handling the case against the five still-indicted Ohio Division of Wildlife officials looked to the press release issued by the Ohio Department of Natural Resources as her response to the federal government’s four-count indictment against Allan Wright, 45, the former wildlife officer assigned to Brown County and later, an at-large wildlife officer.
Jessica A. Little is prosecuting three current and two retired Wildlife Division officials for the manner in which they handled Wright’s conduct when he allowed a South Carolina wildlife officer to use his address in order to obtain an Ohio resident hunting license.
The five indicted officials handled the matter as an administrative one and not as part of a criminal matter.
This case was reviewed by Brown County Common Pleas Court Judge Scott Gusweiler who issued a ruling in favor of the defense. It regarded a particular point of law as to testimonial vulnerability of state government employees.
That ruling was appealed by Little before the 12th District Court of Appeals in southwest Ohio. The court has not yet to issued its findings though the matter is expected to be appealed before the state supreme court by either the defense or the prosecution.
As for Wright, he was indicted Tuesday in federal court for allegedly trafficking in and making false records for illegally harvested white-tailed deer in violation of the Lacy Act, which is federal law.
Wright was placed on immediate unpaid administrative leave and required to return all state property in his possession, which was performed today, Thursday.
Asked about Wright’s federal indictment, Little noted that her response was the indictment charges themselves.
As for her hiring an independent investigator, David Kelly, who is now also the Adams County prosecutor, that issue’s status remains the same, Little says.
Kelly was appointed due to Little’s claim that the five officials were not immune from what’s called “the Garity Rule” that applies to a government worker’s testimony while it shielded Wright.
“I don’t know the status of the special prosecutor’s investigation and I’ve stayed away from it: I’ve been very hands off,” Little said.
But Little said the new federal charges brought against Wright do not impact the case against the five other Wildlife Division officials.
And in a 30-minute teleconference with reporters, officials with the Ohio Department of Natural Resources expounded and expanded on the agency’s officially stated response to its actions related to Wright.
Wright - who has 21 1/2 years with the agency - was placed on unpaid administrative leave rather than placed on paid administrative leave “largely because of the gravity of the matter,” said Bill Damschroder, the Natural Resources Department’s Chief Legal Counsel.
He will lose his current salary of $54,225.
“This administration thought it was the correct thing,” Damschroder said.
Damschroder said also that he “hesitates to speak respective of any administration other than this one,” and added that the new ODNR team has been “cooperative and helpful to assist in bringing every case to a conclusion with clarity.”
Asked why Wright was earlier this year moved from being the wildlife officer assigned to Brown County to an at-large agent with district-wide responsibilities, the Natural Resources Department said that its decision was in part so he could better help his family cope with the situation.
“That weighed heavily,” said David Lane, Wildlife Division chief.
Also queried as to whether any other Wildlife Division official is being investigated at either the state or federal level, Natural Resources officials said they were not aware of any others.
As for procedures to address future, similar cases, those are being reviewed now by the Natural Resources Department, says Glen Cobb, the agency’s Deputy Director.
“We are always looking for ways to improve, and we’re not going to turn a blind eye,” Cobb said. “We’re going to look at any and all things related to evidence and we have to have a certain amount of trust but (also) see where we need to tighten. We have a fiduciary responsibility to the sportsmen and others of the state.”
Then asked if the Natural Resources Department either ignored or looked away from the incident and its related fall-out, Damschroder said “in respect to the matter, given the nature of the charges we felt it was appropriate for others to do this investigation.”
Wyn Hornbuckle, spokesman for the U.S. Department of Justice, said he had no further comment beyond what is contained in his agency’s press release which is a nearly mirror image of the Natural Resources Department’s release.
Additional information is expected and this blog will be updated as that data becomes available.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Ohio Wildlife Officer Alan Wright Indicted by the Feds
Moderators: Pike Ridge Beagles, Aaron Bartlett
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
INFO ON THE ACTUAL INDICTMENT:
NEWS RELEASE
FOR IMMEDIATE RELEASE
August 17, 2011
Ohio Wildlife Officer Charged With Federal Lacey Act Crimes
The U.S. Department of Justice (DOJ) today obtained a four-count indictment from a federal grand jury in Cincinnati charging Allan Wright, a state wildlife officer in southwest Ohio, with trafficking in and making false records for illegally harvested white-tailed deer in violation of federal law.
The Ohio Department of Natural Resources (ODNR) and its Division of Wildlife willingly cooperated in the investigation, providing documents and other information as it was requested by the U.S. Fish & Wildlife Service and the DOJ.
Wright will be placed on immediate unpaid administrative leave and required to return all state property in his possession, according to ODNR.
The Lacey Act makes it a crime for a person to knowingly transport or sell wildlife in interstate commerce when the wildlife was taken or possessed in violation of state law. The Lacey Act also makes it a crime for a person to knowingly make or submit a false record, account or label for wildlife which has been transported in interstate commerce.
The indictment charges that Wright knowingly sold and provided an Ohio resident hunting license to a South Carolina resident during the 2006 white-tailed deer season. According to the indictment, Wright falsely entered an Ohio address for the hunter in order to obtain a resident license. Ohio law makes it a crime to procure a hunting license by fraud, deceit, misrepresentation or any false statement. Ohio law also makes it a crime to hunt without a valid hunting license. The indictment charges that the hunter killed three white-tailed deer using the illegal license. Wright personally “checked in” the three deer, again providing the fraudulent Ohio address. The hunter then transported the deer back to South Carolina.
Additionally, the indictment alleges that Wright, using his authority as a wildlife officer, seized white-tailed deer antlers from a hunter who had killed a deer illegally during the 2009 white-tailed deer season. The indictment alleges that, rather than dispose of the antlers through court proceedings, Wright caused the antlers to be transported to another individual in Michigan. The indictment charges that Wright then filed an official state form which falsely reported that he had personally destroyed the antlers.
Two of the four counts charged in the indictment are felonies punishable by up to five years in prison and a $250,000 fine per count. The remaining two counts are misdemeanors punishable by up to one year in prison and a $100,000 fine per count.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The case is being investigated by the U.S. Fish & Wildlife Service, Office of Law Enforcement. The case is being prosecuted by Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division.
Further developments are expected and will be added as they become available.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
NEWS RELEASE
FOR IMMEDIATE RELEASE
August 17, 2011
Ohio Wildlife Officer Charged With Federal Lacey Act Crimes
The U.S. Department of Justice (DOJ) today obtained a four-count indictment from a federal grand jury in Cincinnati charging Allan Wright, a state wildlife officer in southwest Ohio, with trafficking in and making false records for illegally harvested white-tailed deer in violation of federal law.
The Ohio Department of Natural Resources (ODNR) and its Division of Wildlife willingly cooperated in the investigation, providing documents and other information as it was requested by the U.S. Fish & Wildlife Service and the DOJ.
Wright will be placed on immediate unpaid administrative leave and required to return all state property in his possession, according to ODNR.
The Lacey Act makes it a crime for a person to knowingly transport or sell wildlife in interstate commerce when the wildlife was taken or possessed in violation of state law. The Lacey Act also makes it a crime for a person to knowingly make or submit a false record, account or label for wildlife which has been transported in interstate commerce.
The indictment charges that Wright knowingly sold and provided an Ohio resident hunting license to a South Carolina resident during the 2006 white-tailed deer season. According to the indictment, Wright falsely entered an Ohio address for the hunter in order to obtain a resident license. Ohio law makes it a crime to procure a hunting license by fraud, deceit, misrepresentation or any false statement. Ohio law also makes it a crime to hunt without a valid hunting license. The indictment charges that the hunter killed three white-tailed deer using the illegal license. Wright personally “checked in” the three deer, again providing the fraudulent Ohio address. The hunter then transported the deer back to South Carolina.
Additionally, the indictment alleges that Wright, using his authority as a wildlife officer, seized white-tailed deer antlers from a hunter who had killed a deer illegally during the 2009 white-tailed deer season. The indictment alleges that, rather than dispose of the antlers through court proceedings, Wright caused the antlers to be transported to another individual in Michigan. The indictment charges that Wright then filed an official state form which falsely reported that he had personally destroyed the antlers.
Two of the four counts charged in the indictment are felonies punishable by up to five years in prison and a $250,000 fine per count. The remaining two counts are misdemeanors punishable by up to one year in prison and a $100,000 fine per count.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The case is being investigated by the U.S. Fish & Wildlife Service, Office of Law Enforcement. The case is being prosecuted by Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division.
Further developments are expected and will be added as they become available.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
Blogs > Outdoors with Frischkorn
Monday, August 22, 2011
UPDATED: South Carolina wildlife officer not yet off the hook in Ohio
While South Carolina wildlife officer Eric Vaughn won’t face charges in his home state for his involvement in obtaining an Ohio resident hunting license in 2006 there is no guarantee that he’ll avoid a ticket in Ohio.
A decision whether to charge or not charge Vaughn will come only after an investigation is completed by the Ohio Highway Patrol, says an official with the Ohio Department of Natural Resources.
But Vaughn has all ready been cleared in his home state. An investigation by the South Carolina Department of Natural Resources’ Division of Law Enforcement concluded that Vaughn acted in “good faith” when he thought Ohio Wildlife Division policy permitted him to buy an Ohio resident hunting license.
That belief stemmed from alleged assurances by Allan Wright, the former state wildlife officer assigned to Brown County, that it was okay for Vaughn to use Wright’s address in order to obtain the resident hunting license, an official with that state’s Law Enforcement Division says.
Consequently, South Carolina has concluded its investigation and will not take any action against Vaughn, says Col. Alvin Taylor of the South Carolina Department of Natural Resources’ Division of Law Enforcement.
Taylor says also that it is South Carolina’s understanding that the federal government will not seek charges against Vaughn, either, though Wright was indicted on four counts last week by the U.S. Department of Justice for alleged violations of the Lacey Act.
However, Ohio is reserving its right to take or not to take any action and pending an on-going investigation by the Ohio Highway Patrol, says Laura Jones, spokeswoman for the Ohio Natural Resources Department.
Jones said also that the Natural Resources Department is striving to be as “transparent as possible” as the entire process moves forward.
The agency provided "information regarding potential state crimes to the Ohio Highway Patrol" in late July, Jones said.
Asked when the Ohio Highway Patrol will conclude its investigation, Jones said she did not know.
“We will follow the lead of the Ohio Highway Patrol based upon its investigation,” Jones said. “We are working with them and we are being cooperative.”
- Jeffrey L. Frischkorn
JFrischkorn@News-herald.com
Monday, August 22, 2011
UPDATED: South Carolina wildlife officer not yet off the hook in Ohio
While South Carolina wildlife officer Eric Vaughn won’t face charges in his home state for his involvement in obtaining an Ohio resident hunting license in 2006 there is no guarantee that he’ll avoid a ticket in Ohio.
A decision whether to charge or not charge Vaughn will come only after an investigation is completed by the Ohio Highway Patrol, says an official with the Ohio Department of Natural Resources.
But Vaughn has all ready been cleared in his home state. An investigation by the South Carolina Department of Natural Resources’ Division of Law Enforcement concluded that Vaughn acted in “good faith” when he thought Ohio Wildlife Division policy permitted him to buy an Ohio resident hunting license.
That belief stemmed from alleged assurances by Allan Wright, the former state wildlife officer assigned to Brown County, that it was okay for Vaughn to use Wright’s address in order to obtain the resident hunting license, an official with that state’s Law Enforcement Division says.
Consequently, South Carolina has concluded its investigation and will not take any action against Vaughn, says Col. Alvin Taylor of the South Carolina Department of Natural Resources’ Division of Law Enforcement.
Taylor says also that it is South Carolina’s understanding that the federal government will not seek charges against Vaughn, either, though Wright was indicted on four counts last week by the U.S. Department of Justice for alleged violations of the Lacey Act.
However, Ohio is reserving its right to take or not to take any action and pending an on-going investigation by the Ohio Highway Patrol, says Laura Jones, spokeswoman for the Ohio Natural Resources Department.
Jones said also that the Natural Resources Department is striving to be as “transparent as possible” as the entire process moves forward.
The agency provided "information regarding potential state crimes to the Ohio Highway Patrol" in late July, Jones said.
Asked when the Ohio Highway Patrol will conclude its investigation, Jones said she did not know.
“We will follow the lead of the Ohio Highway Patrol based upon its investigation,” Jones said. “We are working with them and we are being cooperative.”
- Jeffrey L. Frischkorn
JFrischkorn@News-herald.com
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
This article is slightly connected to the rest of the Wildlife indictment issues. What I found interesting is how many people were connected and how out of control and above the law the Division of Wildlife use to think it was. Here is the findings by the Attorney General in the recent Fishing license fiasco its a very interesting read, as you get an insight into how the old leadership felt and acted.
http://watchdog.ohio.gov/investigations/2010_113.pdf
Here is the article about the fishing license deal. But more interesting is the above report by the attorney general.
Ohio Inspector General completes investigation on two other state wildlife officers
Two Ohio Division of Wildlife officers have been investigated by the Ohio Inspector General for infractions involving assisting Indiana conservation officers in obtaining Ohio resident fishing licenses.
Somewhat similar to the matter involving Allan Wright, the former state wildlife officer assigned Brown County, state wildlife officers Arron Ireland and Josh Zientek assisted the Indiana wildlife officers in obtaining resident Ohio fishing licenses.
Ireland is the state wildlife officer assigned to Butler County and Josh Zientek, now assigned as the state wildlife officer to Huron County.
The Inspector General was informed by former Ohio Department of Natural Resources Director Sean Logan about possible infractions.
Investigators began their work and the Ohio Inspector General’s office issued its report Thursday, Oct. 13.
For each case involving the specific wildlife officer, the Ohio Inspector General noted: “Accordingly, we find reasonable cause to believe a wrongful act or omission occurred in this instance.”
In an Oct. 13 press release, Ohio Deputy Inspector General Carl Enslen said: “Acting on allegations brought to the inspector general in 2010, the investigation found two Ohio Division of Wildlife officers helped Indiana conservation officials avoid paying for a more costly non-resident fishing license by falsifying Ohio residential addresses on their license applications.
“The investigation further revealed administrators at the Ohio Division of Wildlife failed to properly investigate and report suspected criminal activity involving employees as required under department policy and a governor directive.”
Both Ireland and Zientek were given a verbal reprimand in 2008 by Wildlife District Five (southwest Ohio) Manager, Todd Haines.
Haines is one of five current or former Wildlife Division top officials who remain under indictment for alleged state felony violations in regard to how they managed the matter involving officer Wright.
The case involving Haines’ and the other current and former Wildlife Division officials is pending before the Ohio 12th District Court of Appeals in southwest Ohio.
Wright has subsequently been charged in federal court for alleged violation os the federal Lacey Act.
In his letter to the two other disciplined officers, Haines wrote: “You are hereby issued a verbal reprimand for failure of good behavior.
“Specifically, you assisted an out-of-state wildlife officer in obtaining a resident fishing license (NOTE: the word ‘hunting’ was crossed out and the word ‘fishing’ was handwritten in) in 2007. Although you had supervisor guidance to do so, this was against Division of Wildlife directive and should not be repeated again in the future.
“This memo will serve as a verbal reprimand and will be placed in your personal file for a period of twelve (1) months and then removed if there are no subsequent disciplined imposed during that period.
“It will also serve as a warning in the case of future violations, more severe discipline may be administered.”
Haines signed the Ireland and Zieteck documents on Oct. 7, 2008 and the Wright verbal reprimand on Oct. 8, 2008.
However, the Ohio Inspector General’s report noted that “In the reprimand, Haines did not mention the officers ‘supervisor guidance’ was from a retired employee with no authority to grant permission (Exhibit 4).”
Natural Resources Department spokeswoman Laura Jones said the agency was aware of the investigation and “fully cooperated with the Ohio Inspector General’s Office.”
“We are currently reviewing the report and then we’ll see how we will be moving forward,” she said.
Telephone calls also were placed with Ireland and Zietek.
A posting of the Ohio Inspector Generals’ evidence documents is available online at http://watchdog.ohio.gov/investigations ... 13x1-7.pdf.
A posting of the Ohio Inspector generals’ report is available online at http://watchdog.ohio.gov/investigations/2010_113.pdf.
- Jeffrey L. Frischkorn
http://watchdog.ohio.gov/investigations/2010_113.pdf
Here is the article about the fishing license deal. But more interesting is the above report by the attorney general.
Ohio Inspector General completes investigation on two other state wildlife officers
Two Ohio Division of Wildlife officers have been investigated by the Ohio Inspector General for infractions involving assisting Indiana conservation officers in obtaining Ohio resident fishing licenses.
Somewhat similar to the matter involving Allan Wright, the former state wildlife officer assigned Brown County, state wildlife officers Arron Ireland and Josh Zientek assisted the Indiana wildlife officers in obtaining resident Ohio fishing licenses.
Ireland is the state wildlife officer assigned to Butler County and Josh Zientek, now assigned as the state wildlife officer to Huron County.
The Inspector General was informed by former Ohio Department of Natural Resources Director Sean Logan about possible infractions.
Investigators began their work and the Ohio Inspector General’s office issued its report Thursday, Oct. 13.
For each case involving the specific wildlife officer, the Ohio Inspector General noted: “Accordingly, we find reasonable cause to believe a wrongful act or omission occurred in this instance.”
In an Oct. 13 press release, Ohio Deputy Inspector General Carl Enslen said: “Acting on allegations brought to the inspector general in 2010, the investigation found two Ohio Division of Wildlife officers helped Indiana conservation officials avoid paying for a more costly non-resident fishing license by falsifying Ohio residential addresses on their license applications.
“The investigation further revealed administrators at the Ohio Division of Wildlife failed to properly investigate and report suspected criminal activity involving employees as required under department policy and a governor directive.”
Both Ireland and Zientek were given a verbal reprimand in 2008 by Wildlife District Five (southwest Ohio) Manager, Todd Haines.
Haines is one of five current or former Wildlife Division top officials who remain under indictment for alleged state felony violations in regard to how they managed the matter involving officer Wright.
The case involving Haines’ and the other current and former Wildlife Division officials is pending before the Ohio 12th District Court of Appeals in southwest Ohio.
Wright has subsequently been charged in federal court for alleged violation os the federal Lacey Act.
In his letter to the two other disciplined officers, Haines wrote: “You are hereby issued a verbal reprimand for failure of good behavior.
“Specifically, you assisted an out-of-state wildlife officer in obtaining a resident fishing license (NOTE: the word ‘hunting’ was crossed out and the word ‘fishing’ was handwritten in) in 2007. Although you had supervisor guidance to do so, this was against Division of Wildlife directive and should not be repeated again in the future.
“This memo will serve as a verbal reprimand and will be placed in your personal file for a period of twelve (1) months and then removed if there are no subsequent disciplined imposed during that period.
“It will also serve as a warning in the case of future violations, more severe discipline may be administered.”
Haines signed the Ireland and Zieteck documents on Oct. 7, 2008 and the Wright verbal reprimand on Oct. 8, 2008.
However, the Ohio Inspector General’s report noted that “In the reprimand, Haines did not mention the officers ‘supervisor guidance’ was from a retired employee with no authority to grant permission (Exhibit 4).”
Natural Resources Department spokeswoman Laura Jones said the agency was aware of the investigation and “fully cooperated with the Ohio Inspector General’s Office.”
“We are currently reviewing the report and then we’ll see how we will be moving forward,” she said.
Telephone calls also were placed with Ireland and Zietek.
A posting of the Ohio Inspector Generals’ evidence documents is available online at http://watchdog.ohio.gov/investigations ... 13x1-7.pdf.
A posting of the Ohio Inspector generals’ report is available online at http://watchdog.ohio.gov/investigations/2010_113.pdf.
- Jeffrey L. Frischkorn
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
You guys really need to read this. This old regime really believed that if your were a Game Warden you were above the law EXEMPT ........Craziness
http://watchdog.ohio.gov/investigations/2010_113.pdf
http://watchdog.ohio.gov/investigations/2010_113.pdf
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
The last paragraph on page. 5 through page. 6 kinda shows me that our Ohio wildlife officers are admitted law breakers and they have been fine with that for a long time. That doesn't do much for them, if they want to EARN my respect.Duke wrote:You guys really need to read this. This old regime really believed that if your were a Game Warden you were above the law EXEMPT ........Craziness
http://watchdog.ohio.gov/investigations/2010_113.pdf
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Buckeye Blues
- Posts: 586
- Joined: Thu Sep 04, 2008 12:36 pm
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
Here I thought I was gonna read where the wildlife officer was letting 5 Ohio State players spot light deer and that Jim Tressel knew about it the whole time. Whewwww, what a relief. It was just another crooked law enforcement officer, and it didn't have anything to do with OSU.
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
Yes it was the whole above the law attitude that made me think wow. From the retired officers 2 leaders of the department. And the out right cover up. Glad those guys are gone.
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
Buckeye Blues wrote:Here I thought I was gonna read where the wildlife officer was letting 5 Ohio State players spot light deer and that Jim Tressel knew about it the whole time. Whewwww, what a relief. It was just another crooked law enforcement officer, and it didn't have anything to do with OSU.
I thought it was funnypprch Dano's Baby Girl
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Buckeye Blues
- Posts: 586
- Joined: Thu Sep 04, 2008 12:36 pm
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
lol. Thanks billy!
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
It was funny. LOL Dont wanna be overly serious as I think the ODNR is making some changes in regards to this good old boy system, where Game Wardens deemed themselves above the Law. But it is always good to shine a light on darkness, so that the shadows of deceipt are extinguished.
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Buckeye Blues
- Posts: 586
- Joined: Thu Sep 04, 2008 12:36 pm
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
Oh, I agree 100% with you there Duke, and I don't make light of the crookedness that goes on in Ohio's govt. as a whole.
I just couldn't resist the OSU/ Jim Tressel thing, and I especially liked your last line. I'm gonna use that on a judge at a field trial some time! I can hear it now: "Why'd ya pick my dog up? That yella collared dog was throwin shadows of deceipt in the check area and my dog shined the light on the darkness and broke one off in him!"
Good stuff right there!
I just couldn't resist the OSU/ Jim Tressel thing, and I especially liked your last line. I'm gonna use that on a judge at a field trial some time! I can hear it now: "Why'd ya pick my dog up? That yella collared dog was throwin shadows of deceipt in the check area and my dog shined the light on the darkness and broke one off in him!"
Good stuff right there!
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
LOL OK I hope Im there, but I hope its the other guys hound.
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
It looks like Allan Wright has been fired on the new issue of giving antlers to another wildlife officer in Michigan. Here is the article:
UPDATED Allan Wright fired by ODNR, to appeal decision
Allan Wright - the legally embattled former state wildlife officer assigned to Brown County - has been fired by the Ohio Department of Natural Resources.
In a one-page letter dated Oct. 28, 2011 interim Natural Resources Director Scott A. Zody wrote:
“As a result of your recent per-disciplinary hearing held on October 25, 2011, you were found guilty of violating the following provisions of the Ohio Department of Natural Resources (ODNR) Disciplinary Policy:
* B. Dishonesty - (2) Willfully falsifying... any official document.
* D. Failure of Good Behavior - (4) Misuse of and/or carelessness with state property....
* Commissioned Officers: A. Law Enforcement - (1) Violation of Uniformed Officer’s Code of Conduct.
“Therefore, you are being removed from your Wildlife Officer position with the ODNR-Division of Wildlife effective the date of your receipt of this letter.”
Laura Jones, chief spokeswoman for the Natural Resources Department, said that Wright has filed a grievance related to this latest action.
This action also falls on the legal heels of Wright being first placed on unpaid administrative leave in August, reinstated to paid administrative leave and according to rules governed by the Ohio Revised Code.
However, the Natural Resources Department declined to write any paychecks to Wright.
That matter likewise is being appealed by the Fraternal Order Of Police, the bargaining unit for the Ohio Division of Wildlife’s commissioned officers.
In 2006 Wright allowed a South Carolina wildlife officer to use his Ohio address to obtain a resident Ohio hunting license, among other matters.
A chain reaction of legal issues have since enveloped others within the Ohio Division of Wildlife who either have retired or else remain aboard the agency.
Wright - who is also under indictment for felony and misdemeanor violations of the federal government’s Lacey Act - is slated to stand trial in federal court Feb. 22, 2012.
Wright agree to state complaints that he allowed a South Carolina wildlife officer to use his Ohio address to obtain a resident state hunting license.
He subsequently was given a written reprimand which was eventually expunged.
That set into legal motion charges being brought against five current or retired Ohio Division of Wildlife officials.
The cases involving these officials remains pending before Ohio’s 12th District Court of Appeals.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
UPDATED Allan Wright fired by ODNR, to appeal decision
Allan Wright - the legally embattled former state wildlife officer assigned to Brown County - has been fired by the Ohio Department of Natural Resources.
In a one-page letter dated Oct. 28, 2011 interim Natural Resources Director Scott A. Zody wrote:
“As a result of your recent per-disciplinary hearing held on October 25, 2011, you were found guilty of violating the following provisions of the Ohio Department of Natural Resources (ODNR) Disciplinary Policy:
* B. Dishonesty - (2) Willfully falsifying... any official document.
* D. Failure of Good Behavior - (4) Misuse of and/or carelessness with state property....
* Commissioned Officers: A. Law Enforcement - (1) Violation of Uniformed Officer’s Code of Conduct.
“Therefore, you are being removed from your Wildlife Officer position with the ODNR-Division of Wildlife effective the date of your receipt of this letter.”
Laura Jones, chief spokeswoman for the Natural Resources Department, said that Wright has filed a grievance related to this latest action.
This action also falls on the legal heels of Wright being first placed on unpaid administrative leave in August, reinstated to paid administrative leave and according to rules governed by the Ohio Revised Code.
However, the Natural Resources Department declined to write any paychecks to Wright.
That matter likewise is being appealed by the Fraternal Order Of Police, the bargaining unit for the Ohio Division of Wildlife’s commissioned officers.
In 2006 Wright allowed a South Carolina wildlife officer to use his Ohio address to obtain a resident Ohio hunting license, among other matters.
A chain reaction of legal issues have since enveloped others within the Ohio Division of Wildlife who either have retired or else remain aboard the agency.
Wright - who is also under indictment for felony and misdemeanor violations of the federal government’s Lacey Act - is slated to stand trial in federal court Feb. 22, 2012.
Wright agree to state complaints that he allowed a South Carolina wildlife officer to use his Ohio address to obtain a resident state hunting license.
He subsequently was given a written reprimand which was eventually expunged.
That set into legal motion charges being brought against five current or retired Ohio Division of Wildlife officials.
The cases involving these officials remains pending before Ohio’s 12th District Court of Appeals.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Re: Ohio Wildlife Officer Alan Wright Indicted by the Feds
New Article relating to the Wildlife Officers Case:
Blogs > Outdoors with Frischkorn
Tuesday, January 17,
3rd Update: Prosector wins appeal against so-called "Brown County Five" state wildlife officals.
The Brown County prosecutor won an important legal victory today in a nearly two-year-old case involving five current and former top officials with the Ohio Division of Wildlife.
In a ruling announced today by the five-member 12th District Court of Appeals the five felony-indicted officials are not protected by the so-called “Garity Rule.”
This legal fiat protects certain government employees from testifying on matters if they believe doing so would jeopardize their jobs.
The defendants’ attorneys said the rule applied to their clients, a position accepted by Brown County Common Pleas Court judge Scott Gusweiler.
However, Brown County prosecutor Jessica A. Little took issue with that ruling and appealed Gusweiler’s opinion before the state’s 12th District Court of Appeals.
Little won her plea and said she’s “very pleased with the decision.”
The next step will be to place this matter back on the Brown County Common Pleas Court, Little said also.
“I hope we can get this disposed of quickly; let’s get a trial on the merits and come to a resolution,” Little said. “I’m hoping for a pre-trial hearing and then a trial (but) only the judge and the clerk knows that, but I would like to see it resolved as expeditiously as possible since it’s been around for so long. These are fifth-degree felonies so they’re the lowest degree of felony.”
Attorney Michael Cassity is representing James Lehman, who is currently the Wildlife Division’s law enforcement administrator and one of the officials charged by Little.
“We’re disappointed in the decision (but) I’ll have to talk with my client and see what are our options,” Cassity said. “We could go to the Supreme Court or go to trial.”
Looming large is what are the implications of this ruling on the status of the three indicted officials who are still employed by the Wildlife Division: Lehman, Todd Haines, and Michelle Ward-Tackett.
Carlo LoParo, communications director for the Ohio Department of Natural Resources, said the agency is “currently gathering further information to see what the actual status of the case.”
“We’re reviewing the decision, and based on that review we’ll make a determination as to what administrative actions need to be taken, if any,” LoParo said.
Loparo did say there is no deadline as to when the information collecting process is complete.
“It shouldn’t be very long, maybe in the next few days,” he said.
This is the text of 12th District Court of Appeal’s release on the subject:
“The Twelfth District Court of Appeals has reversed the decision of the Brown County Court of Common Pleas, suppressing the statements of employees of the Ohio Department of Natural Resources.
“Chief of the Division of Wildlife David Graham, Ohio Wildlife Assistant Chief Randy Miller, Human Resource Manager Michele Ward-Tackett, Law Enforcement Executive Administrator Jim Lehman, and District Manager Todd Haines were indicted on single counts of obstruction of justice and complicity to obstructing justice. Each was an employee of the Ohio Department of Natural Resources and was involved in an internal investigation into allegations that Wildlife Officer Allan Wright falsified a hunting license so that his out-of-state friend could obtain an Ohio hunting license.
“The matter was investigated by the Ohio Inspector General and each employee gave statements during an interview with the Inspector General that they believed Wright’s conduct was not criminal in nature and so they punished him according to administrative policies. The Ohio Inspector General wrote a report regarding Wright’s activities and the way the employees handled the Ohio Department of Natural Resources’ internal investigation, and gave the report to the Brown County
Prosecutor. The Prosecutor then decided to press charges.
“The defendants filed motions to exclude evidence of their statements, arguing that they were coerced by the Inspector General into giving their statements, and that the coercion was based on their belief that they would be fired if they did not cooperate with the investigation. The trial court agreed and suppressed the defendants’ statements.
“The state of Ohio appealed to the Twelfth District and argued that the trial court improperly suppressed the statements because the defendants gave their statements voluntarily and without threat of termination.
“Writing for the majority opinion, Judge Robin N. Piper found that the trial court erred in suppressing the statements because the defendants gave their statements voluntarily. Presiding Judge Stephen W. Powell agreed with the majority opinion. Judge Rachel A. Hutzel concurred in part dissented in part.
“The decision of the Twelfth District Court of reversed the decision of the trial court to suppress the defendants’ statements and sent the case back to the trial court for further proceedings.”
This story will be updated as additional information becomes available.
The text of this release is available through the court at: http://www.twelfth.courts.state.oh.us/P ... ham%5B.pdf.
Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twiter: @Fieldkorn
Blogs > Outdoors with Frischkorn
Tuesday, January 17,
3rd Update: Prosector wins appeal against so-called "Brown County Five" state wildlife officals.
The Brown County prosecutor won an important legal victory today in a nearly two-year-old case involving five current and former top officials with the Ohio Division of Wildlife.
In a ruling announced today by the five-member 12th District Court of Appeals the five felony-indicted officials are not protected by the so-called “Garity Rule.”
This legal fiat protects certain government employees from testifying on matters if they believe doing so would jeopardize their jobs.
The defendants’ attorneys said the rule applied to their clients, a position accepted by Brown County Common Pleas Court judge Scott Gusweiler.
However, Brown County prosecutor Jessica A. Little took issue with that ruling and appealed Gusweiler’s opinion before the state’s 12th District Court of Appeals.
Little won her plea and said she’s “very pleased with the decision.”
The next step will be to place this matter back on the Brown County Common Pleas Court, Little said also.
“I hope we can get this disposed of quickly; let’s get a trial on the merits and come to a resolution,” Little said. “I’m hoping for a pre-trial hearing and then a trial (but) only the judge and the clerk knows that, but I would like to see it resolved as expeditiously as possible since it’s been around for so long. These are fifth-degree felonies so they’re the lowest degree of felony.”
Attorney Michael Cassity is representing James Lehman, who is currently the Wildlife Division’s law enforcement administrator and one of the officials charged by Little.
“We’re disappointed in the decision (but) I’ll have to talk with my client and see what are our options,” Cassity said. “We could go to the Supreme Court or go to trial.”
Looming large is what are the implications of this ruling on the status of the three indicted officials who are still employed by the Wildlife Division: Lehman, Todd Haines, and Michelle Ward-Tackett.
Carlo LoParo, communications director for the Ohio Department of Natural Resources, said the agency is “currently gathering further information to see what the actual status of the case.”
“We’re reviewing the decision, and based on that review we’ll make a determination as to what administrative actions need to be taken, if any,” LoParo said.
Loparo did say there is no deadline as to when the information collecting process is complete.
“It shouldn’t be very long, maybe in the next few days,” he said.
This is the text of 12th District Court of Appeal’s release on the subject:
“The Twelfth District Court of Appeals has reversed the decision of the Brown County Court of Common Pleas, suppressing the statements of employees of the Ohio Department of Natural Resources.
“Chief of the Division of Wildlife David Graham, Ohio Wildlife Assistant Chief Randy Miller, Human Resource Manager Michele Ward-Tackett, Law Enforcement Executive Administrator Jim Lehman, and District Manager Todd Haines were indicted on single counts of obstruction of justice and complicity to obstructing justice. Each was an employee of the Ohio Department of Natural Resources and was involved in an internal investigation into allegations that Wildlife Officer Allan Wright falsified a hunting license so that his out-of-state friend could obtain an Ohio hunting license.
“The matter was investigated by the Ohio Inspector General and each employee gave statements during an interview with the Inspector General that they believed Wright’s conduct was not criminal in nature and so they punished him according to administrative policies. The Ohio Inspector General wrote a report regarding Wright’s activities and the way the employees handled the Ohio Department of Natural Resources’ internal investigation, and gave the report to the Brown County
Prosecutor. The Prosecutor then decided to press charges.
“The defendants filed motions to exclude evidence of their statements, arguing that they were coerced by the Inspector General into giving their statements, and that the coercion was based on their belief that they would be fired if they did not cooperate with the investigation. The trial court agreed and suppressed the defendants’ statements.
“The state of Ohio appealed to the Twelfth District and argued that the trial court improperly suppressed the statements because the defendants gave their statements voluntarily and without threat of termination.
“Writing for the majority opinion, Judge Robin N. Piper found that the trial court erred in suppressing the statements because the defendants gave their statements voluntarily. Presiding Judge Stephen W. Powell agreed with the majority opinion. Judge Rachel A. Hutzel concurred in part dissented in part.
“The decision of the Twelfth District Court of reversed the decision of the trial court to suppress the defendants’ statements and sent the case back to the trial court for further proceedings.”
This story will be updated as additional information becomes available.
The text of this release is available through the court at: http://www.twelfth.courts.state.oh.us/P ... ham%5B.pdf.
Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twiter: @Fieldkorn