The possibility that a criminal grand jury investigation into
Morgan Hill School District construction practices is under way is
once again being raised. School Board Trustees have not received
information about an alleged investigation.
The possibility that a criminal grand jury investigation into Morgan Hill School District construction practices is under way is once again being raised.
School Board Trustees have not received information about an alleged investigation.
“Absolutely zero,” said Board President Tom Kinoshita Monday in response to questions on what he knew about an investigation. “I can talk to you about this now; I can tell you there is nothing that I know of, but if there were something going on, my response would have to be to refer you to our lawyers.”
Former Director of Facilities Martell Taylor, who resigned from the district in December and moved to Utah, has said that he has been interviewed by a criminal investigator for the District Attorney’s office. John Coyle, a former state inspector for the district, also said he had been interviewed, and Harlan Warthan, a long-time board-watcher whose wife has a $1 million lawsuit against the district, said months ago that he was interviewed twice by the criminal investigator about information he had gathered about the district.
Bill Larsen, grand jury specialist for the DA’s office, said that if there is a civil Grand Jury investigation, a report must be prepared about the investigation. If the investigation is a criminal one, however, the DA’s office can neither confirm nor deny the existence of an investigation unless there is an indictment.
The new grand jury was sworn in June 28, according to Larsen. Any investigation by a previous criminal grand jury would be carried forward by the new panel, Larsen said.
“I know of no investigation of the district, of the board, of anyone in the district,” Superintendent Carolyn McKennan said Monday. “If the DA’s office is contacting people, I am not aware of that … I don’t know any reason why there would be an investigation involving this district.”
According to Taylor, the investigator questioned him about the contract between the district and Sverdrup, which later became Jacobs Facilities, the company that built Barrett Elementary and completed some of Live Oak renovations.
Warthan and Coyle say they were questioned earlier in the year.
“Three times since Jan. 1 I have been interviewed by the Santa Clara County District Attorney’s Office concerning a criminal grand jury investigation of the Morgan Hill Unified School District,” Warthan said. “During that period of time I asked four board trustees if they were aware of such an investigation and the unanimous answer was no. My question is this, Why did the superintendent fail to communicate the investigation to the trustees?”
Warthan said the investigator did not disclose the focus of the investigation, but the nature of the questions led him to believe the bid process used by the district when it hired Sverdrup was in question.
Coyle said the investigator seemed to be concerned with the state education code and state money the district received to build Barrett Elementary and to use for Live Oak renovations.
