(La Porte County, IN) - LaPorte County government could be sued over a majority of the commissioners refusing to give the prosecutor access to emails from his predecessor and select members of his staff.

 

The request by LaPorte County Prosecutor Sean Fagan was tabled in a 2 to 1 vote by the commissioners last month. In response, the Indiana Attorney General’s Office issued a written warning to give Fagan access to the emails.

 

The letter read during Wednesday’s meeting by Commission President Joe Haney strongly indicated failure to do so will result in legal action, if necessary.

The emails are on a county government server.

 

However, the IAGO said county prosecutors are employees of the state and emails from the office are state property.

 

“Prosecutor Fagan is legally entitled to these email records,” said John Walls, Chief Counsel, Advisory Division for the IAGO.

 

Last month, Fagan said he wanted all of the emails last year from former Prosecutor John Lake and his wife, Mary, who was his chief deputy prosecutor, along with three members of his staff.

 

Fagan said he wanted the emails to try and replace evidence in some of the criminal cases he inherited from the previous administration.  He said evidence was lost from hard copy records being destroyed in a flood caused by a frozen water line bursting in late December at the LaPorte County Complex.

 

Fagan said he was also hindered in becoming familiar with some cases from Lake not being very cooperative during his transition into the office.

 

His request was denied when Commissioners Connie Gramarossa and Rich Mrozinski went against the recommendation of their attorney, Andrew B. Jones.

 

 

Despite the letter, Gramarossa and Mrozinski did not budge. They again offered to give Fagan access to emails related strictly to the criminal cases.

 

“We’re willing to work with him on any cases that he wants.  Bring forth some cases.  I will personally make sure that we go through whatever he needs,” Gramarossa said.

 

Again, Jones advised that was not good enough.

 

“He’s entitled to all of them. These things belong to him.  They don’t belong to him personally.  They belong to his office,” he said.

 

Mrozinski previously alleged Fagan was out to conduct a political “witch hunt.” This time, he was joined by a visibly upset Gramarossa in making similar allegations.

 

“I don’t understand what he wants. We’re offering to give you what you need.  Instead, you want to go this other route.  This whole thing smells bad,” Mrozinski said.

 

Gramarossa accused Haney and Jones of being on the same political side of the fence as Fagan.

 

“I wanted it stated here right now at this public meeting that this is forced upon me by the president of the commission and the attorney,” she said.

 

The IAGO gave the commissioners 15 days from the March 24th date on the letter to respond.  No vote was taken after Gramarossa stood up from her seat and walked out of the meeting just before it adjourned.

 

“I’m at a point where I’m feeling emotionally and physically bullied,” she said.