Indiana Attorney general enters La Porte County email dispute

The Indiana Attorney General is involved in a lawsuit against the La Porte County Commissioners for refusing to provide the prosecutor with emails from the former prosecutor.

The lawsuit was not unexpected after the commissioners were repeatedly warned legal action was almost guaranteed if they continued to deny the request of La Porte County Prosecutor Sean Fagan.

Fagan is listed as the plaintiff in the lawsuit submitted June 2 in La Porte Circuit Court by Indiana Attorney General Todd Rokita.

Rokita’s office is paying the legal costs of the lawsuit from Fagan who’s represented in the case by The Bopp Law Firm out of Terre Haute.

Fagan, who took office on Jan. 1, is asking for the emails of former prosecutor John Lake and several members of his staff from last year.

The lawsuit claims the emails on a county server are needed to close any gaps in information on cases Fagan inherited from his predecessor.

According to the lawsuit, information that might be important to a case could come from a wide range of emails.

The emails might include talks with

BY STAN MADDUX

victims and opposing counsel along with communications between deputy prosecutors on things like strategy in a case.

Citing state statue, the lawsuit maintains even though the emails are on a county server, they’re owned by whoever is prosecutor and the commissioners have no authority to deny access to the emails by the prosecutor, who is a judicial officer of the state.

The lawsuit also alleges failure to comply with a prosecutor’s request for emails from the office under Indiana law constitutes official misconduct, a level 6 felony offense.

Commissioners Connie Gramarossa and Rich Mrozinski have stood their ground in repeatedly denying Fagan’s request, which was first made on January 5.

The last denial was on April 5 when the two commissioners again ignored the advice of their legal counsel along with a written demand from Rokita to turn over the emails.

Andrew B. Jones has since been replaced as county attorney by Scott Pejic, who chose not to comment on a pending legal matter.

Mrozinski also chose not to comment while attempts to reach Gramarossa were unsuccessful.

Gramarossa, though, has previously agreed to give Fagan the emails he needs from last year on specific cases only to protect county employees from having their privacy violated if total access was given to the server.

However, the lawsuit argued a prosecutor cannot know which emails to request unless all of them are opened in advance to see which ones might be helpful to a case.

Mrozinski has repeatedly alleged Fagan is out to conduct a political witch hunt.

Commissioner Joe Haney feeling the law is obviously on Fagan’s side has consistently voted to grant his request.

He said the cost of the lawsuit for taxpayers is already estimated above $10,000 and could easily rise well into six figures.

“The actions of commissioners Gramarossa and Mrozinski are absolutely reckless,” he said.

The lawsuit is asking Fagan be given all of the emails he requested along with a declaratory judgement that the emails were unlawfully withheld.

A forensic audit of the server is also sought from the court to determine if any emails have been deleted and, if so, who had access to the emails.

New Buffalo Area Schools to provide summer meals for kids, teens

As part of its efforts to ensure kids have access to meals during the summer months, New Buffalo Area School is pleased to announce its summer meal site will be serving kids and teens.

Starting Monday, June 26, kids, and teens 18 and under can receive meals free of charge, no registration needed. Meals will be served at New Buffalo Middle/High School Cafeteria located at: 1112 E. Clay Street in New Buffalo. Breakfast will be served from 8 a.m. to 8:30 a.m. from June 26 through July 28.

Lunch will be served from 11:15 a.m. to noon from June 26 to

Aug. 4. The district will be closed on July 4.

The Summer Meals program is funded by the USDA and run by school districts. Local organizations and sites can be found throughout the community. Families can text “FOOD” or “COMIDA” to 304-304 and type in a zip code to find nearby summer meals sites, along with operating days and times. No application, registration or proof of residency or citizenship is required at sites. Visit www.nbas.org and click on Food Service or contact the Food Service Office at 269-4696048 if you have any questions.

— STAFF REPORTS