Clemens Readies Legal Response to Bribery Accusation
Posted
Daniel Riordan-driordan@timesuniononline.com
A candidate for Warsaw mayor who told the county election board earlier this week he was offered a bribe by a city councilman not to run may now face litigation from that councilman.
The Times-Union has learned that outgoing city councilman George Clemens has retained legal council regarding statements made by Warsaw mayoral candidate Jerry Opperud this morning.
It is expected that an attorney for Clemens will send out a letter asking for a public retraction from Opperud.
Whether Opperud issues a public retraction or not, a slander and defamation of character lawsuit could follow.
The pending litigation concerns comments Opperud made Tuesday to the Kosciusko County Election Board.
Opperud laid out several accusations of impropriety from the recent primary election in May.
Among those, Opperud stated under oath that he was offered a bribe by Clemens, co-owner of Rabb-Kinetico, to not run for mayor.
“George Clemens set up a meeting at his house and he sat down with me. There were no other people in the room. His wife was in the house and he sought to get me to not run. He expressed and outright bribed me, and I expressed no interest and I was offended that I was approached and was asked to withdraw from the election,” Opperud told the board. “He said we have put your significant other in a position to be elected, what else could you want from us?”
Opperud's partner, Cindy Dobbins, is running unopposed in one of Warsaw's city council races.
After the meeting, when contacted by the Times-Union, Opperud was asked what was offered to him as a bribe.
At that point, Opperud backed away from saying he was bribed.
“If I said that, that is not the truth because I understand the nature of a bribe and the implications of it,” Opperud said. “But in fact it was a conversation that was headed in that direction but it didn’t get there. I stopped it before it got there. As quickly as I realized the intent I said, ‘maybe you should take it to your candidate and get him not to run,’” Opperud said late Tuesday morning.
Opperud entered the mayoral race this summer as an independent and will face city councilman and optometrist Joe Thallemer in the general election Tuesday.
“Although it is up to the prosecutor’s office to pursue perjury charges if in fact he lied under oath, the fact that Jerry Opperud accused me of a serious crime is so egregious I must pursue allowing the legal system to help clear my name and reputation,” said Clemens.
The Kosciusko County Prosecutor’s office has not received a complaint of perjury or any investigation information from a policy agency regarding any perjury allegations against Opperud.
Clemens has also questioned Opperud's paperwork filed with the Kosciusko County Clerk's office.
On his contributions and expenditures report filed with the clerk's office, Opperud lists that he's received no contributions in the time between July 15 and Oct. 21. It also lists zero cash on hand as well as no expenditures.
Opperud has spent money on advertising, signage and a website, jerryopperud.com
Opperud said his report is accurate because he didn’t spend any money on his campaign until after Oct. 21.
The first personal ad for Opperud’s campaign that appeared in the Times-Union was Oct. 20.
“They both were probably expected with the circumstances (Clemens) got himself involved with,” said Opperud of the lawsuit and expenditure complaint. “If I was misheard, misquoted or misrepresented, I cleared it up,” said Opperud.
Opperurd’s quote where he used the word bribe in Tuesday’s meeting was noted by both the Times-Union and South Bend television station WSBT.
A court reporter also recorded Tuesday’s meeting.
Opperud this morning also recounted his meeting with Clemens that he said Clemens set up.
Opperud said he stopped Clemens before he could offer a bribe and so no bribe occurred.
Kosciusko County Clerk Jason McSherry has asked the Secretary of State whether that investigation falls under its scope.
As for Opperud's initial allegations, he was told the board of elections couldn't act on them.
Regarding his complaints to the election board – Clemens’ alleged bribe, a Warsaw businessman voting illegally and former mayoral candidate Tony Miller running while not maintaining a Warsaw home – Opperud was told to take his information to the Indiana State Police.
The lawsuit is the most recent event in a contentious race for Warsaw mayor.
When Thallemer entered the race he was the presumptive favorite as he has served on the city council and is currently council president.
Thallemer was later joined in the republican primary by councilman Kyle Babcock, Miller and general contractor Michael Alspaugh.
Thallemer won the primary with 49 percent of the vote while Miller came in second with 23 percent.
Alspaugh was also at Tuesday's meeting and stated he brought up the issue of Miller's residency to the clerk's office previously.
Clemens, co-owner of Rabb/ Kinetico Water Systems, is currently the third district representative for Warsaw. He decided not to run for re-election and his term will expire at the end of this year.
Whether Opperud or Thallemer wins Tuesday, Warsaw will have its first new mayor in 14 years as current Mayor Ernie Wiggins also decided not to seek re-election.
