10
Fridav. October 9. 1987 / University Daily Kansan
State/Local
Stephan feared subpoena, lawyer says
The Associated Press
WICHTA — Attorney General Robert Stephan's fear that he would be forced to answer questions under oath from Kansas legislators was one reason why he publicly disclosed terms of his secret settlement of a harassment lawsuit, according to sworn statements from his lawyer.
Vern Miller of Wichita, a former Kansas attorney general who was a friend of Stephan's for more than 20 years, testified last month in a deposition that Stephan was concerned about pressure from the media and legislators to make the settlement public. The Wichita Eagle-Beacon obtained a copy of Miller's deposition Wednesday.
The lawsuit was settled in March 1985, when Stephan was considered the leading Republican gubernatorial candidate. Eight months later, Stephan withdrew from the governor's office and troversy over the secret settlement.
"The press kept riding him about the settlement. He also talked to me about the Legislature. He thought they were going to subpoena him in and make him reveal the settlement, and I told him he didn't have to tell them nothing." Miller testified.
Miller said Stephan told him many times after the lawsuit was settled that he would not discuss the settlement. Miller said he advised the attorney general that legislators could not force Stephan to answer their questions.
Atchison sheriff's removal sought
TOPEKA — Attorney General Robert Stephan announced yesterday that an ouster petition in Atchison County District Court was filed, seeking to remove from office Atchison County Sheriff Dennis L. Weinmann
Stephan's petition alleges willful misconduct and wilful neglect of duty by Weinmann.
Specifically, Stephan alleges that Weinmann failed to turn over approximately $10,000 in vehicle inspection fees to the county treasurer as required by law, misused that money, made false sworn statements and false writings in recording some of the fee collections in an unaudited account and converted county money to his own use.
As soon as the case is assigned to a judge, Stephan said, he will ask that Weinmann be suspended temporarily from his job while the ouster proceeding continue.
"By such willful misconduct and neglect, respondent
(Weinmann) has forfeited his right to hold an office of public trust . . . "Stephan said in his petition.
"The use of public monies in a manner not authorized by law is a criminal violation of the laws of the United States."
The petition alleges that Weinmann used that money "in a manner not authorized by law nor in compliance with the duty enjoined upon him by law."
The ouster petition says that between May 1, 1985, and July 15 of this year, Weinmann's deputies and representatives conducted 2,256 vehicle identification number inspections under an agreement with the superintendent of the Kansas Highway Patrol, and that $9,916 in inspection fees collected were never turned over to the Atchison County treasurer as required by law.
"The act of misuse of public funds by the respondent constitutes willful misconduct in offie and, by such willful misconduct, the respondent has forfeited his right to hold an office of public trust."
"But he was scared of the Legislature. And he said, 'I don't know what I'm going to do if I get up there,' and I kept telling him, 'Tell them to go to hell, you know, they can't do nothing to you.'" Miller testified.
Miller's deposition is part of a
Miller helped settle that lawsuit in March 1985, but Tomson sued Stephan again on Nov. 19, 1985, claiming he had violated terms of the secret settlement and had defamed her. Stephan withdrew from the governor's race an hour after the second
lawsuit filed by Marcia Tomson, a former secretary in Stephan's office who first sued him in 1982, accusing Stephan of sexually harassing her.
Stephan did not return a telephone call Wednesday requesting comment. His lawyer, Assistant Attorney General Carl Gallagher, said he could not comment because all the lawyers had agreed not to discuss the case with reporters.
In his deposition, Miller said under oath that Stephan participated in the settlement.
lawsuit was filed.
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