Judge taps AG to investigate Greene DA
news@greenecountymessenger.com
A judge in Greene County is asking the state Attorney General鈥檚 office to serve as the special prosecutor investigating District Attorney David Russo鈥檚 actions in charging two county officials earlier this year.
President Judge Lou Dayich signed the one-page order last week tapping the attorney general to handle the case after he determined there was enough evidence to show probable cause that Russo 鈥渃ommitted gross negligence in performance of his duties.鈥�
The decision came after Dayich鈥檚 Sept. 5 order calling for a special prosecutor to investigate and possibly indict Russo over his handling of a criminal investigation into how the ballot order was selected for candidates in March. County Commission Chairman Mike Belding and county solicitor Robert 鈥淕ene鈥� Grimm both were charged over the process with 鈥渃asting of lots鈥� before the May 16 primary, although Russo referred the criminal case to the attorney general, which reviewed the investigation and withdrew all charges.
In response, Grimm filed a motion to remove Russo from office on May 12 by arguing it was a conflict of interest for the district attorney to investigate the case rather than refer it to other authorities first since he was also a candidate affected by the process. Dayich held a hearing last month to listen to the accusations, and the judge鈥檚 order last week found probable cause that Russo abused his prosecutorial powers with 鈥渨illful and gross negligence in the execution of his duty,鈥� which now gives the Attorney General鈥檚 office the ability to investigate and file a misdemeanor charge, if warranted.
A spokesman for the attorney general confirmed 鈥渢he latest development鈥� with the judge鈥檚 decision appointing the office as special prosecutor, but declined further comment about the investigation.
Russo blasted the decision Monday, calling Dayich鈥檚 decision 鈥減olitical鈥� and questioning the decision to appoint a special prosecutor under state Title 16, subsections 1405 and 1406 that allows for such an investigation.
鈥淚t鈥檚 all part of a political agenda,鈥� Russo said. 鈥淒ayich and the A-G want to prosecute me under an antiquated statute under which, to my knowledge, no district attorney has ever been charged. It鈥檚 unfortunate that this is what politics have turned into in this country.鈥�
If the Attorney General鈥檚 office decides to charge Russo, the case would go through the normal legal process. Punishment for a conviction on the misdemeanor charge includes up to one year in jail, a $1,000 fine and removal from office.
Russo, who was elected to office in 2019, lost in the May primary to Republican challenger Brianna Vanata, who also secured the Democratic nomination through a write-in campaign. Barring any unforeseen circumstances, Vanata will be taking over as district attorney in January.