An attorney hired by New Castle County Council has recommended the government not fulfill a request to pay $3.7 million in legal fees incurred by former Chief Administrative Officer Sherry Freebery in a five-year battle against federal corruption and fraud charges.
In a 29-page report made public Tuesday, Joel Rosen wrote that a provision allowing for the payment of legal fees was too narrowly drawn to apply to Freebery’s request. County code calls for the reimbursement of legal fees for county employees who are charged with crimes that may be linked to their role as a county employee, but only under very specific circumstances.
In a federal indictment, Freebery had been accused of manipulating county employees into doing work outside the purview of their normal responsibilities, such as running phone banks during the 2000 election and handing out campaign literature for council candidates the administration favored. It further charged that Freebery had them do personal favors for her – all on county time. Additional charges of mortgage fraud were also included.
Freebery pleaded guilty to a single felony charge of mortgage fraud in June and in exchange, prosecutors dismissed all other charges. She was forced to pay a $350 fine and was placed on probation.
Rosen, an attorney with the Philadelphia based-firm Montgomery, McCracken, Walker & Rhoads, said the code does not say what should happen in cases where charges are dismissed.
“The code does not permit me to conduct an investigation to determine whether or not there is, in fact, any such proof of the allegations,” he wrote. “Such an investigation would take several years and would cost countless dollars. Nor does the code give me the right to speculate beyond its plain language.”
Rosen also recommended against reimbursing Freebery’s top aide, Janet Smith, for $25,000.
The Council still must vote on whether or not to reimburse Freebery and Smith, but will first hold a July 21 meeting where they will hear arguments from their legal counsel.
“The goal here is to have a very fair process and part of due process is to have the opportunity to speak,” said County Attorney Gregg Wilson.
Council’s vote must come by mid-September, although several council members said they hoped to be able to vote immediately following the hearing at the July 22 council meeting.
“I’d like us to expedite this process as much as possible,” said Councilman George Smiley (D-New Castle). “Let’s do what we need to do.”
The Council paid $38,000 to Rosen for his report.
