BY GREGORY A. HALL
The Cincinnati Enquirer
Clyde Middleton
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COVINGTON -- Kenton County's former judge-executive -- who lost his office in a courthouse bidding controversy -- can avoid prison by testifying before a grand jury investigating the winning bidder.
Clyde Middleton's plea agreement Monday states that the winning bidder for a new courthouse and garage, Corporex Cos. Chairman Bill Butler, used confidential information "to his advantage to assist him in being awarded the project."
In a statement, Corporex denied any wrongdoing in winning construction contracts for the $36 million courthouse and parking garage projects.
"While Corporex would like to put the situation behind, we remain firm in our position and are resolved to defend our high-quality reputation by revealing the true facts of what occurred, to the point of trial if necessary," the statement said.
The statement of Mr. Middleton, the 70-year-old former judge-executive, centers on an after-hours meeting with Mr. Butler the day bids were opened. For the first time since the contracts were awarded in 1996, Mr. Middleton stated Monday that he knew it was wrong to show Mr. Butler the bids of competitors.
Mr. Butler has said he reviewed his competitors' proposals, took them with him that night, copied them and returned them to Mr. Middleton's home.
Kenton County, in a civil lawsuit over the bidding, maintains only basic details, such as price and general drawings, were available. The rest was to be confidential until a contractor was chosen.
Mr. Middleton faced a felony charge of misuse of confidential information that could have landed him in prison for between one and five years. Instead, he pleaded to the misdemeanor charge of official misconduct, which calls for up to 12 months in prison and a $500 fine.
Hydee Hawkins, prosecutor for the state attorney general's office, is recommending that Mr. Middleton be placed on probation for two years in lieu of a year in prison. In return, Mr. Middleton must testify to a Kenton County grand jury, which will review the matter this week, and at trial, if necessary.
The state also is recommending that Mr. Middleton pay $25,000 restitution to the county.
Kenton Circuit Judge Douglas Stephens accepted the guilty plea and set sentencing for Jan. 11.
Mr. Middleton said little during the proceeding, other than to answer the judge's questions.
His last comment came when the judge asked whether he knew parts of the bids he showed to Mr. Butler were supposed to be confidential. "I did know that," Mr. Middleton said.
Previously, Mr. Middleton had said he thought the records were available to anyone, and that any error he made was done inadvertently and unknowingly.
The county's former top official looked relieved when the proceeding was over. The Fort Mitchell Republican kissed his wife, Mary, and then hugged family and friends.
"He's relieved that his chapter's done," said his son, John Middleton.
Phil Taliaferro, Mr. Middleton's attorney, said he hopes the attorney general and Kenton Fiscal Court will give Mr. Middleton a year or two to pay the $25,000.
The grand jury is to meet Wednesday to investigate the bidding. Corporex said Mr. Middleton's statement was another example of county officials changing their testimony as events suit. Numerous county officials have testified the bids were public records, the company's statement said.
"The actions and testimony in this litigation have taken unexplainable turns on numerous conditions, all of which have been disappointing with respect to the conduct and statements of the elected officials," the company statement said.
Corporex attorney Joseph Trauth said he can't understand how Mr. Butler would be the target of the investigation.
"The facts are still the facts," he said. "Truth will prevail."
Corporex attorney William T. Robinson III could not be reached for comment on a possible settlement. Negotiations between the county and Corporex in a civil lawsuit over the bidding appear dead for now.
The county is suing Corporex Cos. and Mr. Butler to recoup an $850,000 settlement paid to the two losing bidders -- Wessels Construction and Development Corp. and Carroll Properties -- over the 1996 competition for construction contracts.
The plea agreement allows Mr. Middleton to move on and preserve some of the reputation he earned as a state senator from 1967 to 1986 and as judge-executive from 1990 to 1998.
"He's one of the most honorable, decent, God-fearing human beings that I have ever known," said Mr. Taliaferro.
