CLARKSBURG, W.Va. — The arraignment of Harrison County commissioner indicted on fraud charges was continued after the appointed special prosecuting attorney requested to withdraw from representing the state in the case.
Bernie Fazzini will not enter a plea to four charges related to falsifying documents and false pretenses while seeking reimbursement for county-sponsored trips until January 11.
Special Prosecutor Pat Wilson, appointed to the case from Marion County, told the court Thursday he was previously appointed to lead an investigation related to a series of complaints filed to the state Ethics Commission accusing Fazzini of similar wrongdoings.
Those complaints were resolved through a conciliation agreement signed by Fazzini in April where he admitted “to the facts asserted in this Agreement, however, I state that I did not knowingly and intentionally receive personal gain.”
He was required to receive training on the West Virginia Ethics Act, pay a fine of $3,500, reimburse the county the amount the Ethics Commission determined he improperly received –$298.08– and was subject to public reprimand.
After the settlement, Wilson was approached by unnamed individuals who claimed to have further evidence related to the case and sought an indictment. However, after looking it over, Wilson’s office decided to not pursue any charges.
A private citizen –Wilson did not say if it was one of the same individuals– then presented the case to a grand jury, an indictment was returned and Wilson’s office was designated to represent the state as a special prosecutor.
Having already seen the evidence and choosing not to take legal action, Wilson argued Thursday to appointed Senior Status Judge John L. Henning that it would be in the best interest of fairness to have another appointed prosecutor look over the evidence with an unbiased perspective.
Three counts in the indictment allege Fazzini submitted a false and fraudulent purchase requisition to the county “in which he altered, amended and falsified the form and reimbursement receipts” to obtain money to which he was not entitled for three trips.
The fourth count related to a separate trip alleges Fazzini obtained money in excess of $1,000 from Harrison County by false pretenses “by altering, amending and falsifying form and reimbursement receipts.”
All four counts carry a maximum sentence of 10 years each.
Having heard Wilson’s argument, Judge Henning agreed, but ordered him to file a formal request to withdraw.
The judge then asked of Fazzini wished to proceed with the arraignment.
Defense attorney Mike Benninger objected to moving along on the grounds that Wilson’s request made orally Thursday was the first time he had heard of the idea, he had not seen the administrative order that allows private citizens to present cases to the grand jury and had not seen record of the grand jury’s proceedings to make sure it was done within the law.
Judge Henning then agreed to continue the case, but requested Benninger file written motions to obtain the documents he seeks.
The January 11 arraignment is scheduled to begin at 9:30 a.m., though which courtroom will be used has not yet been determined.