Monday, April 26, 2010

You gotta' love downtown Port Clinton

I wish I had a nickel for every time I’ve driven through downtown Port Clinton. While the total wouldn’t make me a rich man it would help pad the wallet or even the savings account.

Truth is, I like Port Clinton. A lot. While it doesn’t have quite the New England charm as does downtown Willoughby, neither does Port Clinton have that gaudy and naughty feel and reputation of South Bass island’s Put-in-Bay, which seems to pride itself on being a tad, well, “seedy.”

Port Clinton is a family affair with its neatly manicured yards that front Lake Erie and the quite and shaded parts along the main drag and just before the road bends and eases its way across the Portage River.

My most recent visit to Port Clinton was an overnighter last week and before me and Paul Liikala took off for a morning of early spring walleye fishing with DB Sport Fishing Charters’ owner John Gribble. That story will appear Tuesday (along with a short video) as my weekly outdoors column.

For now my focus is on Port Clinton. Paul and I stayed at Our Guest Inn (419-734-7111); a nicely appointed and conveniently located motel that is anchored in the heart of downtown Port Clinton and across the street from the town’s mascot. This is a huge replica of a walleye which is used also (I believe) as the item that is dropped at midnight each New Year’s Eve in the town’s annual celebration.

Walleye is king here, no doubt, and you never can go far without being reminded of this fact. Then again, not to be overshadowed are the area’s fine migratory bird watching opportunities or the summer-time National Rifle and Pistol Matches.

Then too, Port Clinton is a major portal to Put-in-Bay whereby providing ferry service is almost a civic duty.

I suppose it’s going to be months until I again visit Port Clinton, or at least wave “hello” as i drive through town. That will be for the annual Fish Ohio Day where writers rub elbows with the Governor and folks from the Ohio Department of Natural Resources.

Oh, yeas, I’m also planning on attending the National Matches. Regardless of how quickly I pass through town or maybe stop for lunch at Big Boy’s I’ll still smile and maybe give a little friendly wave. This is a really neat town to visit and I suppose for the people who live there enjoy calling it home.

For visitor information about Port Clinton, call the Ottawa County Visitors Bureau at 800-441-1271.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

ODNR board appointments (Local folks make good)

The Ohio Department of Natural Resources is relying on a number of Lake County residents to help it with various duties and commissions.

Scott Stauffer, a Madison Township resident, has been named the area supervisor of state boating programs for the Department's Division of Watercraft. He will continue to work out of the Watercraft Division's Ashtabula Harbor office.

As supervisor, Stauffer is responsible for coordianting law enforcement, boating education programs and public relation efforts in Lake, Geauga and Ashtabula counties.

He also will supervise Watercaft Division field operations on Lake Erie and several inland waterways including Pymatuning, LaDue Reservoir and Punderson Lake.

Named to the 19-member Department's Coastal Advisory Council is Tom Szabo of Concord Township. Szabo owns his own business and is a certified master SCUBA diver trainer as well as photographer and also is a member of the Marine Archeological Survey Team. He fulfills the council's "historical underwater preservationist" role, the ODNR says.

Szabo said he sees his role as bringing an unique perspective to the council and thereby can aid the Council in better addressing the state's coastal resources, he said.

"Lake Erie is a wonderful resource," Szabo said.

Being reappointed to the Council as well is Dan Donaldson, head of the Lake County Soil and Water Conservation District.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Friday, April 23, 2010

Brown County prosectutor pursues case against Wildlife Division officials

Jessica A. Little, Brown County prosecutor, said the first round of pre-trial hearings involving five of the six indicated Ohio Division of Wildlife officials was with their attorneys only.

However, the next series of pre-trial hearings before Brown County Common Pleas Court Judge Scott Gusweiler will include the defendants as well.

"I did provide discovery after the court filings, though only one of them did not request discovery. That’s a bit unusual,” Little said.

Little did say that no trial dates have been set.

“I don’t know what the judge will do. Everybody will get out their books and look at the dates. Nothing is set yet with everything to be determined later,” Little said.

At issue is an alleged incident in which Allan Wright, the state wildlife officer assigned to Brown County, was said to have allowed a South Carolina wildlife officer to use his Ohio address in order to obtain an Ohio hunting license.

Wright is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

Also charged with one count of obstructing justice and one count of complicity to obstructing justice (fifth degree felonies) were five top Wildlife Division officials. Among these defendants is Wildlife Division chief David Graham, Assistant Wildlife Division chief Randy Miller, Wildlife Division District 5 (southwest Ohio manager Todd Haines, the Wildlife Division's law enforcement administrator James Lehman, and the agency's human resources manager Michele Ward-Tackett.

It is alleged that these officials should have handled the Wright case differently and investigated it as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Timber! (Ohio leads the nation in Tree City USA communities)

Maybe going way back to Ohio native Johnny Appleseed, the state's residents seem to have an abiding relationship with trees.

So much so that Ohio is - once again - the nation's leader in the Tree City USA campaign. More than 48 percent of Ohioans live in a Tree City USA community, says the the Ohio Division of Forestry's chief David Lytle.

Last year, Ohioans planted more than 38,500 trees, pruned more than 110,00 trees and donated a whale amount of time in efforts to spruce up parks and preserves.

In 1997, Ohio became the first state to have more than 200 Tree City USA communities, Lytle also said.

In fact, Lytle says, Ohio grows more acres of trees than it does corn and soybeans combined.

Here are some of the area's Tree City USA participants:

Cuyahoga County - Bratenahl, Chagrin Falls, Cleveland Heights, Euclid, Richmond Heights, South Euclid.

Geauga County - Burton Village, Chardon.

Lake County - Eastlake, Fairport Harbor Village, Mentor, Perry, Wickliffe, Willoughby.


- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Wednesday, April 21, 2010

Hearings continue for indicted six Wildlife Division officials

While hearings were held today for five indicted Ohio Division of Wildlife officials one other is scheduled for Thursday.

Having at least their first pre-trail hearings in Brown County Common Pleas Court Wednesday were assistant Wildlife Division chief Randy Miller, Wildlife Division District 5 (Southwest Ohio manager Todd Haines, the Wildlife Division's human resources manager Michele Ward-Tackett, the Wildlife Division's law enforcement administrator James Lehman, and the state wildlife officer assigned to Brown County Allan Wright.

Brown County Clerk of Courts' on-line court document service says also that Lehman has a second hearing set for 9 a.m., April 28.

Also, Wildlife Division chief David Graham has a hearing set for 8 a.m., Thursday.

At issue is an alleged incident in which Wright was said to have allowed a South Carolina wildlife officer to use his Ohio address in order to obtain an Ohio hunting license.

Wright is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

Also charged with one count of obstructing justice and one count of complicity to obstructing justice were the other Wildlife Division officials. These are fifth-degree felonies.

It is alleged that these officials should have handled the Wright case differently and investigated it as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

In a related matter, Wildlife Division acting chief Jim Marshall said a temporary replacement has been made for Ward-Tackett's position. Filling in on a temporary basis is Sue Johnson who retired from the Natural Resources' Human Resources group in 2004. Johnson had continued to work with the

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Tuesday, April 20, 2010

Arkansas man pays the price for falsifying residency

Charles E. Gerhardt, 60, of Arkansas paid a steep price for falsely swearing his state of residency in order to obtain Wyoming hard-to-get resident deer and elk licenses.

For his indiscretion, Gerhardt was ordered by the court not only to fork over $18,000 but also lost his hunting privileges for 10 years.

Since May 2005, Gerhardt had applied for 62 Wyoming resident hunting and fishing licenses, being issued 47 such documents.

Gerhardt even used various addresses and improper telephone numbers to obtain a post office box, a Wyoming driver's license and Park County, Wyoming voter registration.

And an investigation based on information obtained from Arkansas revealed that in March 2004, Gerhardt had obtained an Arkansas lifetime hunting license while in possession of a valid Kansas driver's license.

Because of Gerhardt's guilt he will not be able to buy hunting licenses in 34 states, including Ohio as well as Wyoming and Kansas.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Friday, April 16, 2010

Ice-out panfishing (With Video, too)

Catching ice-out fish of any kind can chill the talents of the best anglers.

The trick is in the tackle, techniques and an ability to understand how fish react to the weather as it begins to warm up and begin their pre-spawning rituals.

Panfish expert - and close personal friend - Paul Liikala of Cuyahoga Falls takes ice-out panfishing to near its extremes.

However, I can’t argue with his success. And his how-to knowledge can be adapted by anyone. That fact was brought home a couple of days ago when Liikala and I made our way to a small Northeast Ohio lake that is known for producing early-season crappie.

Problem is, after spawning the crappie seem to vanish from the lake, leaving it to us and others to focus on trying to catch them - and bluegills/sunfish - during their pre-spawn and spawning stages.

The problem is, though, this is the time of year when the weather is fickle and that often produces fickle fishing conditions, says Liikala.

So my good fishing friend goes armed with the same small, brightly colored jigs he uses to catch panfish through the winter ice.

Among these lures is Northland Fishing Tackle's "Hexi Fly" in the larvae bug pattern.
It is bright with a pattern that includes a wing design.

"I've talked with the folks at Northland and they've given me some really good advice. I've also seen that if you twitch the rod and make the float bounce a little you can entice crappies and bluegills into biting, even if you don't tip the jig with maggots," Liikala said. "It is amazing how much detail at close range a sunfish can see."

Though Liikala does pack wax worms and river chub minnows on his excursions he typically relies on maggots. They seem to work better and are more durable than are the more fragile wax worms, Liikala says.

Liikala also believes that light lines and at least a tippet made from fluorocarbon line is best for the oft-time finicky ice-out panfish. Ditto for the approriate-size foam plastic or balsa wood float.

To assist in boat control, Liikala likewise believes that the use of both bow-mounted and stern-mounted anchors is a good idea.

And it is encumbered upon the angler to find the warmest water possible. That means to go looking for where there is a mud bottom in shallow water and preferably where the wind has "stacked" up the warmer water, Liikala says.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Wednesday, April 14, 2010

Attorney for indicted Wildlife Division official defends client

The attorney handling one of the six indicted Ohio Division of Wildlife officials is baffled by the charges brought against his client.

Attorney Michael Cassity of Mount Orab in Brown County is representing James Lehman, the Wildlife Division’s law enforcement administrator, who has been placed on paid administrative leave.

Lehman is charged with one count of obstructing justice and one count of complicity of obstructing justice. Both are fifth-degree felonies.

The indictment against Lehman and five other Wildlife Division officials stems from an alleged incident in which the state wildlife officer assigned to Brown County - Allan Wright - was said to have allowed a South Carolina wildlife officer to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

It is alleged that Lehman and four other high-ranking Wildlife Division officials should have handled the Wright incident differently as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

“What I’ve seen of the limited investigation I’ve been able to do would indicate there is no merit to these charges. I just don’t understand why the charges were brought. They’re talking about complicity; trying to break the law. At least my client was following what he believed was policy. Certainly when the (Ohio) Inspector General got involved there was total cooperation with my client. He participated in the Inspector General investigation and told them what he knew. He wasn’t out to hide anything,” Cassity said.

Cassity said too that the matter should be tossed out of Brown County Common Pleas Court for lack of evidence of guilt.

“I do; maybe even more than a possibility. But right now this case is in its infancy with a lot of information that has to be discovered by the defense. I don’t see, however, there is sufficient evidence to support these charges,” Cassity said.

Cassity said as well that when an attorney is experienced in criminal work he or she has a “pretty good sense of what the evidence might be about” and that sense points to a lot of nothing in this matter.

Similarly, Cassity says he is “extremely impressed” with Lehman.

“I’ve got pretty good instincts and my impression is that he is straight and plays by the rules. You know, it’s tough on him with more than 20 years with the Wildlife Division. He’s an honorable man. He was just doing his job the way he believed his job should be done,” Cassity said.

Cassity noted that he will appear before the Brown County Common Pleas Court next week along with Brown County Prosecutor Jessica A. Little for a pre-trial hearing.
At this hearing - not normally attended by the defendant - a second pre-trial date may be set as well as possibly the actual trial date.

“I don’t expect a whole lot except whether there’s been an exchange of discovery, basically must be provided by the prosecutor, possibly Friday or Monday,” Cassity said.

Efforts are being made to contact the other attorneys representing the remaining defendants.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Tuesday, April 13, 2010

State names temporary replacements for six indicted Wildlife Division officials

The Ohio Division of Wildlife is being forced to play musical chairs as it makes assignments for the positions temporarily vacated by six agency officials charged with various offenses in Brown County Common Please Court.

Assistant Wildlife Division chief Jim Marshall is filling in for agency chief David Graham who was placed on paid administrative leave following his indictment last week.

Meanwhile, Ken Fitz - a commissioned officer with the Wildlife Division - will assume the temporary duties of agency law enforcement administrator James Lehman, who also is on paid administrative leave.

Filling in for the agency’s second assistant chief, Randy Miller, is Don Daugherty, whose present position is manager of the Wildlife Division’s District 2 (northwest Ohio). Daugherty will assume both duties on a temporary basis. Miller is on paid administrative leave.

Assuming temporary command of the Wildlife Division’s District 5 (southwest Ohio) is Dave Kohler, a Wildlife Division wildlife biologist. He is filling in for Todd Haines who likewise is on paid administrative leave.

For the state wildlife officer assigned to Brown County, the agency will use at-large agents as well as the district’s wildlife officer supervisor. Placed on paid administrative leave as well is the state wildlife officer assigned to the county, Allan Wright.

And for the position of the Wildlife Division’s human resources manager no one has yet been assigned that duty, said Mike Shelton, spokesman for the Ohio Department of Natural Resources.

Placed on paid administrative leave also is Michele Ward-Tackett.

The matter stems from an alleged incident in which Wright was said to have allowed a South Carolina wildlife officer to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

Wright is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

Charged with one count of obstructing justice and one count of complicity to obstructing justice (fifth-degree felonies) were Graham, Miller, Lehman, Haines, and Ward-Tackett.

It is alleged that these officials should have handled the Wright case differently and investigated it as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

Pre-trial hearings for the six defendants have been set in Brown County Common Pleas Court.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Monday, April 12, 2010

Newest Wildlife Council sees more deer control need

As a Carroll County farmer Kim Davis doesn't view deer as cute creatures observed on a Sunday stroll through a metropark.

Neither does she envision packages of venison or as a mount to be place over the fireplace mantle as a hunter would.

Instead, Davis sees an animal that eats apples, chews it way through corn rows and devours fields of alfalfa.

But Davis is now in a position to do something about Ohio's deer herd. She is the newest member to sit on the eight-person Ohio Wildlife Council, replacing former Council member Gary Grant.

But Davis is also an official with the Ohio Farm Bureau - and that organization would like to see Ohio's deer herd shrink, perhaps as low as 250,000 animals just prior to the start of the state's various hunting seasons. Currently the state's pre-hunt deer population typically runs between 600,000 and 700,000 animals.

The Wildlife Council is made up of equal parts Democrats and Republicans but also is required to have at least two farmers. All appointments are made by the Ohio Department of Natural Resources director. The current Wildlife Council has four farmer/landowners as members.

Davis (a Republican) and her husband own a 280-acre farm in Carroll County on the east side of Leesville Lake where they also operate a year-round camping facility that offers outdoor educational programing for FFA students.

Davis said also that she does not hunt though she does fish a little at Leesville.

"I look forward to participating in the discussion and work on a balance between habitat, wildlife and people. As a farmer and landowner in Carroll County I deal with wildlife on a daily basis," Davis said.

The cornerstone of sound environmental stewardship, Davis says, lies in a healthy resource base and the need to manage that base in such a way "that is economically, socially and ecologically responsible."

Davis says also that as a Farm Bureau member and regional director she supports the organization's policy which calls for a steep reduction in Ohio’s deer herd, perhaps as low as 250,000 animals.

“By listening to my constituents in Carroll, Harrison, Jefferson and Tuscarawas counties and as an (Ohio Farm Bureau) state trustee I have expressed a need for a balance but I’m not exactly sure what that number is or what that number should be,” Davis said.

Davis said she does expect to be pulled in two directions as a Wildlife Council member, with one side representing sportsmen and the other, farmers.

“I think we’ll be able to work on these issues together but the I’ve come to realize that the Wildlife Division has done a good job of communicating with hunters. I feel comfortable with the (new) vetting process," Davis said.

“We need to educate everyone about wildlife and the impact it has on a wide range of constituents. I think we need to work on solutions. The frustrating part is that it’s going to take some time."

Davis does agree that last fall's effort by the Wildlife Division to link hunters with landowners in Davis' region largely fizzled. More work needs to be done by the typically conservative farming community to welcome more hunters, Davis said.

"We encourage our members all to the time to be sensitive to allowing more hunting.
We are confident that there are good hunters out there that need to get onto private ground. That’s still a work in progress. There has to be some confidence in the system but it’s not going to be an early fix. It is a step in the right direction, however,” Davis said as well.

Davis likewise said she sees both sides of the issue regarding the creation of a nine-day firearms deer-hunting season that begins the Saturday after Thanksgiving.

"I think whether it is seven days or nine days the hunters will come out and support the hunt but I do know they like to use the weekend to travel," Davis said.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Friday, April 9, 2010

Santa Marta Sabrewing (Back from the brink)

Harry S. Truman was still in the White House when the Santa Marta Sabrewing hummingbird was last officially seen in Central America.

This exquisite-looking hummer had vanished, living only in moldy archives. That is, until March 24 when after a 60-year official absence one was caught in a mist net. Mist nets are sheer fabric affairs used by scientists and researchers to harmlessly capture small song birds so they can be fitted with leg bands and have other important data collected.

Such a net was placed at Colombia's 1,600-acre El Dorado Bird Reserve at an elevation of 6,200 feet. It was this net that snagged the hummingbird, which was banded, photographed and released unharmed, said the American Bird Conservancy.

Santa Marta hummers are said to live in the jungle forest canopy with just a few unconfirmed sightings of the specie made since 2000.

The American Bird Conservancy also points out that the El Dorado Bird Reserve - in spite of its relative small size - packs a powerful punch in being home to a number of other rare and endangered wildlife species. Among them is the globally endangered Santa Marta Parakeet, the Conservancy says.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Thursday, April 8, 2010

Indicted wildlife officials have pre-trial hearing set

The six Ohio Division of Wildlife officials each have up-coming pre-trial hearings set for the Brown County Common Pleas Court before judge Scott Gosweiler.

Each official is charged with felony indictments and also with a misdemeanor charge in the case of one defendant, their arraignments having been April 5.

Allan Wright - the state wildlife officer assigned to Brown County - will appear for his pre-trial hearing at 2 p.m., April 21.

Assistant wildlife division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines, and the agency's human resources manager Michele Ward-Tackett all are scheduled to appear at 11 a.m., April 21.

David Graham - the Wildlife Division's chief - has his pre-trial hearing set for 8:30 a.m., April 27.

A pre-trial hearing is designed for the exchange of information between the county prosecutor and the defendants' attorneys. Often a second pre-trial hearing is held as well, a Brown County Common Pleas Court official said Thursday.

Pending the outcome of their legal matters each defendant was placed on paid administrative leave Wednesday by the Ohio Department of Natural Resources director Sean Logan.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Wednesday, April 7, 2010

Six Wildlife Division officials placed on paid administrative leave

Sean D. Logan, director of the Ohio Department of Natural Resources, announced this afternoon that six Ohio Division of Wildlife officials charged with various felony counts in Brown County will be placed on paid administrative leave, beginning at midnight.

At issue is an alleged incident in which Allan Wright – state wildlife officer assigned to Brown County - allowed South Carolina wildlife officer Eric Vaughn to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

Wright is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

Also charged with one count of obstructing justice and one count of complicity to obstructing justice were Wildlife Division chief David Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines and the agency’s human resources manager Michelle Ward-Tackett. These are fifth-degree felonies.

It is alleged that these officials should have handled the Wright case differently and investigated it as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

A subsequent four-month-long investigation by the Ohio Inspector General pointed to irregularities in how the matter was handled.

The paid administrative leave status will apply until the matter is settled in Brown County Common Pleas Court, said Natural Resources Department spokesman Mike Shelton.

"We are reorgainzing who is to take over the various duties," Shelton said.

Assistant Wildlife Division chief James Marshall will assume the role of interim agency chief until his long-planned retirement begins May 1, Shelton said also.

"If (the cases) go beyond that we'll have to identify a longer-term individual," Shelton said.

Under such a paid administrative leave process both Wright and Lehman must turn over their service weapons, Shelton said as well.

Each defendant must pay for their own legal fees, Shelton said.

However, the defendants can still possess a firearm for hunting, including for the up-coming spring wild turkey-hunting season, clarified Lake County prosecutor Charles E. Coulson when asked for a point-of-law answer to the subject.

That is because the charges do not involve drugs or violence nor are the defendants fugitives from justice.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

(UPDATED) Indicted state wildlife officials still on the job

Brown County prosecutor Jessica A. Little expressed surprise Tuesday that six Ohio Division of Wildlife officials were back at work following their arraignment Monday on felony counts.

Little said also that if higher up in the parent Ohio Department of Natural Resources were aware of details in the case - including discipline - and failed to take appropriate action then they too “may be culpable” in the matter.

At issue is an alleged incident in which Allan Wright – state wildlife officer assigned to Brown County - allowed South Carolina wildlife officer Eric Vaughn to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

Wright is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

Also charged with one count of obstructing justice and one count of complicity to obstructing justice were Wildlife Division chief David Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines and the agency’s human resources manager Michelle Ward-Tackett. These are fifth-degree felonies.

It is alleged that these officials should have handled the Wright case differently and investigated it as a criminal matter and not as an administrative matter that resulted in a verbal reprimand for Wright.

A subsequent four-month-long investigation by the Ohio Inspector General pointed to irregularities in how the matter was handled.

This investigation included a series of interviews conducted by Inspector General Attorney Ron Nichols with various defendants. In the case of Graham the interview lasted 1 hour and 15 minutes and is transcribed on 29 pages of testimony given under oath on Feb. 1..

On the heals of the sworn testimonies and the Inspector General’s report, Little presented the case to the Brown County grand jury with the subsequent filing of charges.

Each defendant posted a $10,000 bond, but returned to work, surprising Little.

Following any criminal investigation resulting in the filing of felony charges Little said she “would have expected“ the Natural Resources Department to place the defendants on paid administrative leave.

"Due to the sensitive positions, accountability of the offices and access to documents and employees, it would have been prudent to have placed them on paid administrative leave," Little said.

Natural Resources spokesman Mike Shelton said that agency is currently reviewing the question.

“(There is) no established policy, perhaps because it’s such a rare thing. We are reviewing per the Inspector General’s report on whether we should take further administrative action.”

Graham said also that the practice of providing complementary hunting and fishing licenses to out-of-state wildlife officials was common practice, suggesting that the Wildlife Division’s constituents “…always felt the Division of Wildlife people should get free licenses but – and even though we had participated in that, I – with the changing attitudes of society towards government workers and what people should have access to, I felt like it was something we probably shouldn’t be continuing to do.”

Even so, says Graham, with 20/20 hindsight the agency could have handled the matter differently.

“It – again, I could sit here right now and say yes, that makes more sense but going back to the way I was viewing it before where it was – I was only seeing it as an administrative issue, then the other way made as much sense.”

Graham said also that he believed that Wright nor any other Natural Resources official made no attempt to hide anything.

"...the fact that he individually used his home address, I don't feel like there was an intent to do something to cover something up while he did it.." Graham said in his testimony.

For his part Nichols pointed out that had the Wildlife Division caught a member of the general public falsifying a hunting license application or allowing a non-resident to use the address of a resident then the agency would seek criminal charges.

Graham’s response was “Probably.”

The chief said as well on page 12 of the 29-page document that he kept Natural Resources Deputy Director Tony Celebrezze in the loop, saying that the official is his supervisor with whom he had some verbal discussions.

“...Whether he’d remember those or not I don’t know but I, you know, I had made him aware that we had this investigation…” Graham said in the document.

However, on page 9 of the Inspector General's report the document says "...None of the five reported Wright's alleged violations to the ODNR Director or his designee and Law Enforcement Administrator Mike Taylor, as required by ODNR policy and the Governor's policy."

Of concern to Nichols as well is that the current system of issuing hunting and fishing documents does not require proof of residency in spite of the fact that many people use their driver’s license for identification.

Graham noted this is especially true for Internet license sales and the fact the state has communities of individuals who don’t possess driver’s licenses.

Throughout the document Nichols appears to be skeptical about the agency’s handling of the matter and its laxness in dealing with potential and alleged criminal activity

“...So I kind of take the analogy that if 10 cars in front of me run a red light and I’m the 11th car and I go through and I get caught and say well, yeah, but the other 10 cars did it so it’s okay because it’s common practice, everybody does it. That’s not a good argument. It’s still a violation of law…”

Nichols further said he checked to see if it was a common practice for an Ohio wildlife officer to allow his address to be used by a non-resident.

“And what I found, too, was - you know, I did check to see if this is a common practice and the only thing that I came up with is it’s a common practice for Allan Wright. It’s not a common practice for other officers…” Nichols said in the document.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Monday, April 5, 2010

(Updated) Brown County prosecutor defends charges against state wildlife officials

Brown County prosecutor Jessica A. Little says she is sworn to uphold the law, requiring her to seek grand jury indictments against several top Ohio Division of Wildlife officials.

Among those charged with criminal offenses were Wildlife Division chief David Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines and the agency’s human resource manager Michelle Ward-Tackett.

Each has been charged with one count of obstructing justice and one count of complicity to obstructing justice. These are fifth-degree felonies and which can result in up to 12 months in prison, a fine of up to $2,500, or both.

Also charged is Allan Wright, the state wildlife officer assigned to Brown County. He is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

The felony charges' potential liability is up to 5 years in prison, a $10,000 fine, or both while the misdemeanor charge carries a liability of up to 6 months in jail, a fine of up to $1,000, or both.

All six defendants were processed about 1 p.m., Monday through the Brown County Sheriff’s office. Following arraignment in the Brown County Common Pleas Court the six Wildlife Division officials were released on bond, a Brown County Sheriff’s sergeant said.

While the full scope of the indictments are still being reviewed by Ohio Department of Natural Resources officials, what is known is that the indictments were issued late Thursday, said Mike Shelton, spokesman for the Natural Resources Department as well as Little.

Shelton said the indictments stem from an alleged incident in which Wright was said to have allowed South Carolina wildlife officer Eric Vaughn to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

On page 3 of the 17-page Inspector General’s report the following was noted: “Allegation 1: Ohio Wildlife Officer Allan Wright assisted a South Carolina Wildlife Officer, Eric Vaughn, in obtaining an Ohio resident hunting license. Officer Wright also checked in three deer killed by Wright and knowingly recorded a false address for Vaughn,” followed on page 5 after a detailed look into the allegations that “Accordingly, we find reasonable cause to believe a wrongful act or omission occurred in this instance.”

The report noted also that on Sept. 30, 2009 the Office of the Inspector General “received a complaint from a confidential informant alleging criminal activity” on the part of Wright and “the failure of the (Wildlife) Division to investigate the matter,” signed by the agency’s head Thomas P. Charles who said in a Monday telephone interview that the document is public record.

Little said her efforts to seek indictments is derived from the Inspector General’s report which was a “very good, thorough investigation.”

Little said also that Wildlife Division officials needed to investigate Wright’s alleged activities as criminal in nature and not as an administrative issue.

“Therein lies the problem,” Little said.
“This is not the crime of the century but the law must be respected whether you’re an official or not.”

A possibility exists that the charges may be plea-bargained down, Little said also.

“I never say never. We do plea bargain and it is something that we always consider (but) I’m not anxious that we do this here. It’s a very good case. The whole reason for our case is based on the Inspector General’s report,” Little said.

Shelton said the Natural Resources Department is keeping an eye on the matter and that no decision has been made as to whether any of those charged will be placed on administrative leave.

A message was left on Graham’s home telephone over the weekend seeking comment.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Friday, April 2, 2010

(UPDATED 8:20 a.m., Monday) Top Ohio wildlife officials indicted, under state investigation

Several top Ohio Division of Wildlife officials were indicted by Brown County prosecutor Jessica A. Little for alleged infractions of law.

While the full scope of the indictments are still being reviewed by Ohio Department of Natural Resources officials, what is known is that Wildlife Division chief David Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines and the agency's human resource manager Michelle Ward-Tackett are parties to the indictment.

Each has been charged with one count of obstructing justice and one count of complicity to obstructing justice. These are fifth-degree felonies.

Also charged is Allan Wright, the state wildlife officer assigned to Brown County. He is charged with two counts of tampering with records (third-degree felonies) and one count of falsification for allegedly altering official Natural Resources records (a first-degree misdemeanor).

It is believed the indictments were issued late Thursday, though confirmation was hindered because the Brown County Prosecutor's office was closed Friday for Good Friday, said Mike Shelton, spokesman for the Natural Resources Department.

Shelton said the indictments stem from an alleged incident in which Wright was said to have allowed South Carolina wildlife officer Eric Vaughn to use his Ohio address in order to obtain an Ohio hunting license on Nov. 5, 2006.

A subsequent Ohio Inspector General's report - issued March 10 to the department and to Little and taking four months to assemble - recommended that the agency and Wildlife Division update its policies regarding suspected illegal activity and to review the actions of its employees in order to determine whether further administrative action or employee training is necessary.

The report noted also that on Sept. 30, 2009 the Office of the Inspector General "received a complaint from a confidential informant alleging criminal activity" on the part of Wright and "the failure of the (Wildlife) Division to investigate the matter."

On page 3 of the 17-page Inspector General's report the following was noted: "Allegation 1: Ohio Wildlife Officer Allan Wright assisted a South Carolina Wildlife Officer, Eric Vaughn, in obtaining an Ohio resident hunting license. Officer Wright also checked in three deer killed by Wright and knowingly recorded a false address for Vaughn," followed on page 5 after a detailed look into the allegations that "Accordingly, we find reasonable cause to believe a wrongful act or omission occurred in this instance."

However, the Inspector General's report on page 5 also said it didn't find "reasonable cause to believe a wrongful act or omission occurred" in regards to allegations that Wildlife Division officials issued a memo instructing its wildlife officers not to cooperate with the U.S. Fish and Wildlife Service's request for assistance.

Instead, these officers were instructed only to direct any U.S. Fish and Wildlife Service inquiry through the Wildlife Division's "Law Enforcement Supervisor for Approval."

Of chief concern to the Brown County Prosecutor's office and to the Natural Resources Department is whether the action of the Brown County wildlife officer should have resulted in potential criminal charges rather than administrative action, Shelton said.

A telephone message was left on Graham's home telephone seeking comment.

Further details will be provided as they become available. The Brown County Prosecutor's office will reopen Monday, Shelton said also.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com

Here fishy, fishy (None to be found, unless you're a Lake Erie walleye)

A view of the Chagrin River from one of Lake Metroparks wooden overlooks at Chagrin River Park less than one hour ago saw a handful of anglers.

However, only one or two looked serious enough to be judged a dedicated steelheader. The rest were wading wet, shirtless and holding spinning better suited for perch or bass than steelhead trout.

Not surprising that the stretch was barren of serious steelheaders. The overlook also offers a perfect vantage point for gazing down on migrating trout. But in 10 or 15 minutes of watching I didn't see any steelhead go up or down the stream.

And when a park ranger came riding up on his bicycle he also noted the lack of fish. In fact, he said, the numbers of fish moving around the streams at all of Lake Metroparks holdings has been very slim this year.

It wasn't much better Wednesday and Thursday for an annual get-together of outdoor writers called the Lake County Steelhead Fish Camp. From the Chagrin River to the Grand River to the Ashtabula River the word on the street (or stream) was the lack of trout.

Haven't heard much either from the Rocky or Vermilion rivers for that matter.

Now walley are a different story. Steve Pollick - the outdoor writer for the Blade in Toldedo - said at the Fish Camp how good the walleye fishing's been off Crane Creek in 10 to 12 feet of water. The fishermen are catching limits of male walleye in a short hurry there along with those anglers casting crankbaits off the reefs, Pollick said.

What's more, with the hot, dry weather in store for this Easter holiday weekend the Maumee (and to a lesser extent, the Sandusky River) should experience excellent jig fishing not only for walleye but for white bass as well, Pollick said.

I guess the fishing is starting to gain a good head of steam. Unless, of course, it happens to involve stream-run spawning steelhead trout. In that case the engine never did crank over.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com