McVey allegedly to have destroyed records

STEUBENVILLE – The state attorney general’s office released more information about the criminal case against Steubenville City Schools Superintendent Michael McVey, in which McVey allegedly destroyed or altered records involved in the Steubenville rape case.

Assistant attorney generals Scott Longo and Ashley Rodabaugh filed a bill of particulars Thursday in the indictment against McVey filed by the special grand jury called for by Ohio Attorney General Mike DeWine to investigate all aspects of the Steubenville rape case. A bill of particulars specifically states what the defendant is alleged to have done. It mentions the August 2012 rape case, in which two Steubenville High School students were convicted, and another sexual assault allegation made in April 2012 in which no charges were filed.

McVey, who has been on leave from his post, was indicted on two counts of obstructing justice and single counts of tampering with evidence, obstructing official business and falsification. The indictment states the alleged acts occurred between April 5, 2012, and Nov. 19, 2013.

A hearing was held on May 5 before visiting Judge Patricia Cosgrove, in which McVey’s attorney, Charles Bean of St. Clairsville, asked for a bill of particulars from the attorney general’s office containing more detail about the charges against his client.

Cosgrove at the time ordered the attorney general’s office to file the bill of particulars within 20 days.

The attorney general’s office in the bill of particulars for the tampering with evidence charge said McVey deleted e-mails; failed to fully comply with subpoenas served upon him, deleted information from computers or had someone else do it; failed to provide information regarding an investigation the school undertook and/or lied about an investigation that the school undertook regarding the August 2012 rape; manufactured e-mails with false or misleading information; directed others to create records after the fact; and/or created a timeline after the first subpoena was served upon him in a way to hinder, obstruct or mislead the official investigation being conducted into the Steubenville City Schools regarding the April 2012 and August 2012 events.

On one obstructing justice charge, the bill of particulars states McVey from April 5, 2012, to Nov. 19, 2013, deleted e-mails, withheld compliance of a subpoena, wiped computers or influenced or discouraged others from assisting in the investigation of missing computers and other items.

On the second obstructing justice charge, McVey is alleged to have created a misleading timeline, misrepresented facts in an e-mail, made false statements about an investigation the school did or did not do, misrepresented when he first learned of the August 2012 events and/or concealed information regarding the April 2012 events and/or when he learned of them.

For the falsification charge, McVey allegedly lied regarding knowledge of the April 2012 events, lied regarding an investigation that the school did or did not do regarding the August 2012 events, misrepresented when he learned of the August 2012 events and/or lied about the facts surrounding his e-mails.

On the obstructing official business charge, the attorney general’s office said McVey deleted e-mails, wiped computers or had someone else do it, failed to comply with subpoenas served on him, failed to provide information regarding an investigation the school undertook and/or lied about an investigation that the school undertook, manufactured e-mails with false or misleading information, directed others to create records after the fact and/or created a misleading timeline after the first subpoena was served upon him.

Bean did not respond to a request for comment.

Cosgrove set a trial date of Aug. 18 for McVey but that date may be jeopardy because Bean just hired an expert to review the large amount of evidence presented in the case. A final pretrial has been scheduled for 11 a.m. on July 14 for both sides to provide a list of witnesses and exhibits.

The trial is expected to be lengthy, with the attorney general’s office submitting a witness list that totals 53 people. Bean submitted a witness list totaling 25, with many being on the attorney general’s list. The attorney general’s list includes city board of education members and staff, school employees and Ohio Bureau of Criminal Investigation agents and forensic experts.

Six people were indicted by the special grand jury investigating aspects surrounding the events before and after the rape of a Weirton teen by two Steubenville High School students in August 2012.