ĢƵ

close

Greene County judge to consider accusations of negligence against DA Russo

By Jon Andreassi, For The Greene County Messenger 4 min read
article image -

news@greenecountymessenger.com

Greene County District Attorney David Russo appeared at the defendantĢƵ table Tuesday morning for a hearing to determine if there is enough evidence to investigate his decision to charge county officials in connection with how the election board handled the ballot order selection process earlier this year.

County Solicitor Robert Eugene Grimm filed a civil suit against Russo on May 12, alleging that misdemeanor charges brought against himself and Commissioner Mike Belding amounted to “willful and gross negligence” of RussoĢƵ duties as district attorney.

Judge Louis Dayich said that he will rule on the case by Sept. 13. If he rules in favor of Grimm, it would result in the appointment of a special prosecutor to investigate his claims against Russo.

The charges lodged against Belding and Grimm arose out of complaints from the Greene County Republican Party Committee over how the elections office handled the “casting of the lots” to determine the order candidates’ names would appear on the ballot in the May 16 primary.

The initial ballot selection on March 15 was nullified following complaints the procedure was not properly advertised. A second casting of the lots was held on March 23, and several candidates, Russo included, protested and refused to pull a number when it was their turn.

Rather than having an elections worker draw on behalf of those objecting, those candidates were dropped to the bottom of the ballot in their races.

RussoĢƵ office initially filed charges against Grimm and Belding on April 4, but soon after referred the case to the state attorney generalĢƵ office.

The attorney generalĢƵ office dropped the charges, saying the complaints were not sufficiently supported.

Grimm, who represented himself at TuesdayĢƵ hearing, alleges that the charges were the culmination of what became an adversarial relationship between the county commissioners and Russo since he took office in 2020. He argued that Russo frequently disregards potential conflicts of interest, and should have referred the case to the attorney generalĢƵ office from the beginning.

“It was after he got the glory of filing charges,” Grimm said of RussoĢƵ decision to refer the case after the fact.

According to Grimm, there have been other instances in which Russo was advised he should refer cases to the attorney generalĢƵ office due to a potential conflict.

One of those was the case of Timothy Nease, who was a county detective for two weeks. Nease was charged for misrepresenting his military service. The case was taken over by the attorney generalĢƵ office, after RussoĢƵ office filed charges.

Russo was represented in court Tuesday by Ryan James. While cross-examining Belding, James keyed in on the decision to place objecting candidates at the bottom of the ballot. Belding explained that normally, a third party would draw on an absent candidateĢƵ behalf, but that candidates outright refusing to draw was a unique situation.

“It was just a random, arbitrary decision?” James asked.

“Yes,” Belding responded.

James also insinuated that the timing of GrimmĢƵ lawsuit, just days before the May 16 primary, was intended to hurt RussoĢƵ reelection prospects. Russo was defeated by Brianna Vanata in the Republican primary.

“I’m asking the court to dismiss this. This is a political hatchet job,” James said.

In his closing statement, Grimm said his life has been negatively affected by the situation. He left his role as county solicitor after the charges were filed, and returned when they were dismissed, costing him a monthĢƵ salary. He argued had the case been referred to the attorney generalĢƵ office from the start, he never would have been charged.

“If you Google my name, it says I’ve been arrested for 16 misdemeanors,” Grimm said. “Everywhere I go, I get this. I’m an aggrieved person. I don’t do this lightly. (Russo) has a habit of ignoring conflict of interest, and going right to filing charges.”

CUSTOMER LOGIN

If you have an account and are registered for online access, sign in with your email address and password below.

NEW CUSTOMERS/UNREGISTERED ACCOUNTS

Never been a subscriber and want to subscribe, click the Subscribe button below.

Starting at $4.79/week.