Phill KlineIt’s the last item on tomorrow's Johnson County Commission agenda and it appears as if District Attorney Phill Kline is going to be a no-show.
In a letter delivered to the commissioners Wednesday (see below), Kline said he won’t be appearing before them to respond to their concerns about his hiring of two special prosecutors to investigate his predecessor, Paul Morrison, the former state attorney general.
Now the question remains: Will commissioners make good on their threat and yank the $25,000 they gave him in December to fund the independent investigation?
Kline stated he was declining their “invitation” to appear because he is no longer involved in the investigation. Kline told the commissioners they should direct all questions to the special prosecutors Tim Keck and Robert Arnold III.
“My appearance will simply provide more media coverage of an investigation that should be allowed to proceed without the influence of politics,” he wrote. “This office will refuse to participate in efforts to generate media attention and will continue its policy of not providing public comment.”
Commissioners agreed last week to summons Kline and if he failed to show, stood the risk of taking a financial hit. Commissioners said they wanted him to explain how the investigation could be considered independent of the district attorney’s office, when Keck had worked for that office until mid-February.
Kline did not directly answer the question in the three-page letter. He did say that “any decision to de-fund the investigation is not supported by the board’s previous binding actions and is nothing more than a vote to end an investigation before it reaches the conclusions dictated by the interests of justice.”
When asked if Kline was saying that the commission had no legal grounds to rescind the $25,000, Kline spokesman Brian Burgess declined to comment. He had the same response when asked if the investigation would proceed without the money.
The original funding request came at the end of the county’s fiscal year. Now, a new fiscal year affords Kline more financial flexibility to fund the investigation.
Chairwoman Annabeth Surbaugh said she expected the board would yank the funds last week, but instead wanted to afford Kline a chance to respond to their concerns.
Today, the two attorneys met with some commissioners to try and convince them of the independence of their investigation. Said Surbaugh: “They’re not going to change our minds and we’re not going to change theirs.”
Kline appointed the special prosecutors to look into allegations of criminal wrongdoing involving Morrison, who stepped down as attorney general on Jan. 31. Morrison was Johnson County’s district attorney until he beat Kline in November 2006 for the attorney general spot. The two have been political adversaries for years.
In December, Kline told commissioners that he had evidence that indicated the possibility of telephone harassment, blackmail and other potential crimes arising out of an extra-marital affair Morrison had with Linda Carter, the former director of administration for the Johnson County District Attorney’s Office.
He told them he needed to appoint someone independent of his office because some of his staff could be called as witnesses.
Kline hired Keck shortly after assuming office in January 2007. Carter remained employed in the office until last fall. The extramarital affair is believed to have ended in September.
In the letter, Kline said that Keck, a Republican, has “a stellar record in private practice and as a prosecutor.” He said Arnold, a Democrat, has worked in the Offices of the Democrat Attorney General of New York.
Keck and Arnold recently opened a law practice in Olathe.
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My apologies to Kline
Someone needs to, so I will. I said he should appear tomorrow.
But after reading his reason for not appearing, I am supportive of his decision.
He handled it fine. Way to go, Phill Kline. If no one else will admit they are wrong wanting you there, starting with the BOCC, I'll show some gumption and admit I was wrong.
If they want to rescind the funds, let them. They'll only further embarrass themselves.