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GOP: Subpoenas Sent By Auditor's Attorney Not Legit
POSTED: 6:34 pm EDT August 24,
2009
UPDATED: 8:28 pm EDT August 24,
2009
CLEVELAND -- Last week, a special attorney for Cuyahoga County Auditor Frank Russo sent dozens of subpoenas to everyone who wanted a look at the auditor's books.On Monday, the Cuyahoga County Republican Party filed a motion saying the attorney has no right to be on the case and the subpoenas aren't legitimate, reported On Your Side chief investigator Duane Pohlman.Two months ago, Rachel Manias, a Broadview Heights mother of three, signed a petition demanding Russo open up his books."We all deserve honest government and that, currently, is not what we have," Manias said.Last week, Manias and more than 30 others were served with subpoenas, demanding they hand over personal documents including tax returns, mortgage statements and cell phone records.John Climaco, the attorney who sent the subpoenas, said he's not intimidating, he's just doing his job as special counsel to the auditor.The Republicans argue that Climaco was not properly appointed by the county."So, he's really acting without authority. He's sending subpoenas in a case where he has no authority, arguably. That's our argument," said Cuyahoga County GOP Chair Rob Frost.County leaders disagree, saying the appointment is legitimate, but the Republicans said the subpoenas are not, citing the lack of a date stamp as proof. While the subpoenas do have a date to appear at a hearing, they lack any other date stamp.The facts of the case will be argued in court, but there is already a fall-out. Three people who signed the petition have asked that their names be removed after subpoenas arrived at their homes."So, I guess John Climaco got his way. Sometimes, bullies get their way. But in the end, I think we'll see justice prevail," said Frost.Climaco heard about the motion and told Pohlman that "it's another frivolous act by Rob Frost in an effort to disrupt the county."If Frost succeeds, Climaco said an audit under way right now could be interrupted and he warned there would be serious financial damage to the county, and he would sue over the damages of that.A hearing to settle this is expected next week.
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