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Prosecutor: No evidence of crimesProsecutor: No criminal charges

By ELENA LESLEY
Published December 16, 2006

YANKEETOWN - Although State Attorney Bill Cervone has not officially decided whether to prosecute town officials, one of his prosecutors has reported there is not enough evidence to file criminal charges.

The Florida Department of Law Enforcement received word Thursday that the 8th Judicial Circuit State Attorney's Bronson office did not "find sufficient probable cause that would warrant prosecution for violation of laws," according to a summary report from the FDLE.

This came after the recent conclusion of a six-month FDLE investigation in Yankeetown. Citrus and Levy counties are in different judicial circuits and have different state attorneys.

Last May, state agents began visiting the turbulent hamlet after receiving numerous letters and phone calls from residents. They accused their leaders of Sunshine violations and said they were conspiring with developers who want to build a resort hotel on the Withlacoochee River.

Cervone did not receive a full copy of the FDLE report until Friday.

Spencer Mann, an investigator for Cervone's office, said he did not know if the Bronson office had received a full copy of the FDLE report before issuing its finding.

But "FDLE agents have been bringing in different pieces all along," he said. "Investigators have been reviewing documents during the course of the investigation."

The assistant state attorney in Bronson was not available for comment Friday.

The summary report states that, during the course of the investigation, agents conducted multiple interviews with more than 50 people. Thirty-one incident reports were generated and hundreds of pages of documents reviewed. Three special agents and one analyst logged more than 400 hours of investigative time.

Probing possible Sunshine Law violations, agents interviewed former Mayor Jimmie Wall and former Town Attorney Clark Stillwell. They determined that Wall and Stillwell had held preliminary discussions with the developers regarding the legal format for the submission of their proposal to the town.

"At the advice of Attorney Stillwell, this information was not discussed with other Town Council members," the summary reads.

Though Helen Ciallella sat on the Town Council and planning board while she had her property under contract to the developers, investigators determined that this had not led to any direct conflicts of interest.

"No issues directly related to Ciallella's property or related to contractual agreements were found to be addressed" in town meetings, the report reads.

Agents also investigated allegations that Joanne Johannesson, a former council member who replaced Jimmie Wall as mayor before resigning in September, had illegally removed and destroyed documents from Town Hall.

They found originals of the development-related documents, which citizens had been unable to obtain from the town, were in the possession of Stanley Moore.

Moore was working as temporary building and zoning official for the town from his home in Inverness. After he certified that all documents were present, agents returned the originals to Town Hall.

They also painstakingly reassembled shredded documents that residents reported Johannesson had thrown into a trash bin behind Town Hall. Agents were able to find originals for all of the documents except one, which was beyond the required retention period.

As word of the state attorney's preliminary findings spread through town Friday, some rejoiced while others questioned.

"I don't agree with the findings," said Peggy Page, an Inglis resident who works in Yankeetown. "It must have been an incomplete investigation."

Dawn Clary, Yankeetown's new mayor, called the investigation "a milestone" and said she hoped it would bring some closure to the town.

"A lot of people have really been awaiting the outcome of this," she said. "I'm just glad it's over."

Almost. Cervone said he still needs to review the entire report before a final decision is reached. He said that would probably come early in the new year.

Whatever the outcome, some residents are just glad things have gotten a little quieter in Yankeetown.

"Gov. Bush stepped in and we've got a great new council," said resident Bill Cox. "Sometimes God works in mysterious ways."

Elena Lesley can be reached at elesley@sptimes.com or 564-3627.

[Last modified December 15, 2006, 19:51:35]