Special prosecutors wants OSBI to look at parts of special audit

MUSKOGEE, Okla. (AP) _ A special prosecutor appointed to investigate allegations of budgetary mismanagement and other problems in the Muskogee County Sheriff's department wants state agents to look

Saturday, November 18th 2000, 12:00 am

By: News On 6

MUSKOGEE, Okla. (AP) _ A special prosecutor appointed to investigate allegations of budgetary mismanagement and other problems in the Muskogee County Sheriff's department wants state agents to look at six concerns listed in a special audit.

The concerns ``merit further investigation because they suggest certain criminal statutes have been violated,'' Assistant District Attorney Charles Rogers said Friday.

``Such offenses, if shown to have occurred, have long periods within which a well-founded prosecution may be commenced.''

Rogers emphasized, however, that the request for further investigation ``should not be misinterpreted by anyone to mean that we now believe that crimes have been committed.''

``Such a request only reflects our opinion that such matters bear further investigation.''

After Muskogee County District Attorney John David Luton recused himself from the matter, the state Attorney General in September assigned Rogers' office to review the audit. Payne County prosecutors said they delayed release of the findings until after a recent election because the issues had become ``intensely politicized.''

Incumbent Republican Sheriff Cliff Sinyard, who lost to Democrat Charles Pearson in the general election, said he is innocent of the allegations and welcomed a probe by the Oklahoma State Bureau of Investigation.

``Let them do it,'' he said. ``I got nothing to sweat on this.''

Sinyard, who has dismissed his woes as politically motivated, first got into trouble with other county officers when he overspent his $1.5 million budget during the past fiscal year. The county provided more than $80,000 in supplemental money originally earmarked for a carryover fund.

The state Auditor and Inspector's office visited the department over the summer and a reported with 28 allegations was issued.

Some of the concerns are ``more properly should be considered in an accusation for removal brought by a grand jury under state statutes,'' Rogers wrote in his audit review.

State auditors said Sinyard exceeded his budget three times over the past year. The audit report, which covered July 1, 1997 through July 13, 2000, noted that anyone convicted of violating those provisions would have to forfeit his office.

Sinyard will leave office in January.

Among the counts that the OSBI will look are an allegation that federal funds meant only for specific programs may have been used to pay some of Sinyard's payroll and for other expenditures. The allegation previously was forwarded to the U.S. Department of Justice.

Another allegation still within prosecutors' reach deals with the sheriff's commissary account and inmate trust fund. This money is supposed to be held for inmates' commissary purchases.

Rogers said he could not comment further on the findings until he received an answer from the OSBI.