WILKES-BARRE - A Luzerne County attorney cited Controller Walter L. Griffith's Fifth Amendment right against self-incrimination in a court motion filed Thursday to prevent Mr. Griffith's deposition.
District Attorney Stefanie Salavantis on Jan. 14 referred a criminal investigation to the state attorney general's office that Mr. Griffith illegally recorded dozens of telephone and in-person conversations with numerous people, including CityVest Chairman Y. Judd Shoval, without their consent. Also on Jan. 14, Mr. Shoval filed a civil lawsuit against Mr. Griffith and the county, and Mr. Shoval's attorney now wants to schedule a deposition of Mr. Griffith.
Judge Fred A. Pierantoni put all discovery matters in the Shoval civil case on hold and scheduled a May 6 hearing on the county request for a protective order. Attorney Jack Dean filed the motion for the county and Mr. Griffith, who did not return a message seeking comment Thursday.
Dennis Fisher, a spokesman for Attorney General Kathleen Kane, declined comment Thursday, citing an office policy to neither confirm nor deny investigations.
County Councilman Rick Morelli said Mr. Griffith should agree to the deposition.
"The public has the right to know if Controller Griffith secretly taped conversations and if he broke the law," Mr. Morelli said. "If this were some other elected official, Walter would be the first person to grandstand and expect that person to be open and up front as to what took place. If Walter has nothing to hide, then he should just answer the questions. The public deserves to know the facts."
At Tuesday's council meeting, Mr. Griffith asked council to investigate Mr. Morelli's claim he is donating his salary as a councilman to charities. Council members did not back Mr. Griffith's proposed investigation.
Detectives interviewed Mr. Shoval last November and played a recording obtained from federal agents of a telephone conversation Mr. Shoval had with Mr. Griffith in March 2011, according to Mr. Shoval's lawsuit. Mr. Shoval alleges he did not give Mr. Griffith permission to record the conversation.
In Pennsylvania, a person must obtain permission from each party involved in a conversation before recording. Mr. Griffith allegedly provided audio recordings to federal authorities investigating the failed CityVest project to restore the Hotel Sterling in Wilkes-Barre.
A federal audit released in November concluded the county should return $6 million misspent on the Sterling project and backed up findings from Mr. Griffith's 2011 audit of the Sterling project. The county provided $6 million to CityVest from a county loan fund.
Contact the writer: mbuffer@citizensvoice.com