In other news, Judge William Graham has given Greg Stumbo's office the authority to look at all emails from the Transportation cabinet.
Franklin County Circuit Judge William Graham on Thursday said he would give the attorney general's office, which has been conducting the investigation, virtually unfettered access to all Transportation Cabinet documents. Previously, the cabinet had hired lawyers to review the materials before they were turned over to the investigation.This is not surprising. Fletcher is losing approval.
Graham said he has been cautious and indulgent of state agencies as they have examined stacks of documents and computer records to determine if they were responsive to subpoenas from the grand jury.
But the judge's patience apparently wore out when a newspaper published e-mail exchanges between Transportation Cabinet officials that Deputy Attorney General Pierce Whites said had not been included in documents subpoenaed by the grand jury.
M. Stephen Pitt, one of what Graham called the "host of lawyers" hired by the state to review subpoenaed records, said the exchange between Dick Murgatroyd and Otis Reed was not responsive to the subpoena. The subpoena asked for records of numerous individuals and hiring, including Murgatroyd, who was then deputy secretary of the cabinet, and Reed, who was then the agency's chief personnel officer.
"I don't think anyone with a lick of sense can read those e-mails, regardless of whether or not they had legal training, and not understand that those e-mails are pertinent to the investigation," Graham said.