Former state schools Superintendent Tony Bennett won't face criminal charges
The Marion County prosecutor's office will not file criminal charges against former Indiana schools Superintendent Tony Bennett, Prosecutor Terry Curry announced Friday afternoon.
Curry renewed the investigation into the case last December after an Associated Press report revealed that former Inspector General David Thomas had found more than 100 possible violations of federal wire fraud law during an investigation into Bennett's use of state resources during his 2012 re-election campaign.
Thomas at the time said he also believed Curry could seek state criminal charges against Bennett.
In a news release Friday, Curry said his office made its decision after reviewing investigatory records that had alleged Bennett, the former superintendent of public instruction, had improperly used state resources, violated the state's "ghost employment" statute and changed the state's A-F grading system to benefit a charter school run by a prominent Republican donor.
"A thorough review of the materials, including hundreds of documents and thousands of emails, was conducted," Curry wrote, adding that the Grand Jury Division of the prosecutor's office also conducted interviews with people the inspector general also had spoken with for their investigation.
The U.S. attorney's office, which would have had jurisdiction over any violation of federal wire fraud law, also has not filed any criminal charges against Bennett.
"This matter has been the subject of significant rumor and innuendo," Curry said. "However, the conduct in question has been appropriately addressed as ethical violations, resulting in sanctions against Mr. Bennett by the State Ethics Commission."
The inspector general's report contrasted heavily with a separate document released by the Ethics Commission last July, which found minimal violations and resulted in a $5,000 fine. Bennett has never been charged, and he has consistently denied any wrongdoing. The commission cleared him of the allegations of manipulating the state's A-F accountability system.
On Friday, Bennett declined to comment directly on the case, instead deferring to his attorney, Larry Mackey.
In a written statement, Mackey said Bennett "appreciates the thorough and professional review conducted by the MCPO and the conclusion reached."
"This matter is now closed and fully behind him for which he is very grateful," Mackeywrote. "As for Tony Bennett, whether in the public or private sector, he will continue working to improve the future of young people everywhere."
The inspector general investigation was a source of contention between Curry and Thomas last December. Thomas said he notified Curry's office in February 2014 that his office would be receiving 12 binders of material concerning the case. Thomas also provided The Star with an email from a Curry staffer acknowledging receipt of the binders, which contained the criminal probe.
Curry, however, said in December that he was never given the report. He then requested and received a copy of that report, which was reviewed along with other materials during the criminal investigation.Former state schools Superintendent Tony Bennett won't face criminal charges:
Star researcher Cathy Knapp and Star reporters Brian Eason and Tony Cook contributed to this story.
Call Star reporter Jill Disis at (317) 444-6137. Follow her on Twitter: @jdisis.
