By Mark Scott
Buffalo, NY – A special Grand Jury will be empanelled to probe allegations of criminal mismanagement at an Erie County Highway Department facility in Aurora. A county comptroller's audit recently uncovered more than $3 million of purchases made without authorization at the highway barn in Aurora about two years ago.
The use of a special Grand Jury is unusual, according to Erie County District Attorney Frank Clark. But he says in this case, its necessary. Clark says it's a highly complex, potentially political case.
"There has been an awful lot of rumor and innuendo that has surrounded this entire investigation -- some of it specific and some of it non-specific," Clark said. "And I think a Grand Jury, because it can compel testimony and subpoena evidence, is a good way for us to find out whether those rumors are nothing but rumors, or whether they are truly fact based."
The case has raised questions about everything from private use of county equipment to a possible cover-up by the County Executive's Office. The special Grand Jury could take anywhere between six weeks and a year to complete the probe. They are being asked to come back with a full report, outlining any criminal and/or non-criminal mismanagement by county employees.
They can subpoena reluctant witnesses and could also return indictments. County Sheriff Patrick Gallivan says he believes there was criminal activity involving three or four persons whom he did not identify. But he said he doesn't believe involvement extends to the Rath Building.
"Based upon our investigation I do not believe there was a cover-up -- at all," said Gallivan. "In fact, our investigation began at the request of the county executive who had reached out to us."
Some of the county employees allegedly involved have fired or removed from their jobs at the Aurora barn.
District Attorney Clark did say County Executive Joel Giambra and his office have been fully cooperative and forthcoming since the investigation began this spring. But he says the special Grand Jury will be asked to find out who knew what, and when they knew it about the crimes that allegedly took place two years ago.