SOUTH BEND – The St. Joseph County Democratic Party is calling for the termination of St. Joseph County Assistant Prosecutor Loris Zappia as county employee and the immediate investigation by a special prosecutor into the alleged assault on his brother.
On Aug. 9, St. Joseph County police were called to a Granger family home in the 15800 block of Amston Court. The caller told police the incident occurred between Loris Zappia, the Republican candidate for probate judge who has served in problem-solving court for 23 years, and his brother Len. If elected probate judge, Loris would preside over juvenile court. When police arrived, they found no one in the home and said there were no signs of a struggle or forced entry, a statement to The Tribune said.
The St. Joseph County District Attorney’s Office said in an Aug. 13 statement that it was working with St. Joseph County Human Resources to determine what steps, if any, should be taken regarding Loris’ employment. St. Joseph County Human Resources hired an outside attorney to investigate the alleged assault case, it said in an email to The Tribune.
Documents provided by Diana Hess, the chair of the St. Joseph County Democrats, on Aug. 26 show an email from Michael Misch, the attorney for Anderson, Agostino and Keller — who is also the attorney for the county commissioners — that led to an exchange between Kortney Mullins, the county’s finance and human resources director, and Commissioner Derek Dieter. They discussed contacting a private attorney about the “Zappia attack and public threat,” according to the subject line. Dieter recommended that a hired private attorney immediately begin investigating the facts “before anyone else gets hurt,” according to the email.
Also included in the August 10 email were Commissioners Carl Baxmeyer and Anthony Hazen, Jennifer Coffman of the Juvenile Court Human Resources Division and District Attorney Ken Cotter.
Hess now claims that the county commissioners – all Republicans – knew about the situation immediately but did nothing about it.
“Loris Zappia has engaged in dangerous behavior and the evidence supports the belief that he is receiving special treatment, which certainly creates the impression of a cover-up,” she said in a statement. “He is not fit for office and we hope the county commissioners do the right thing.”
The Tribune learned from Lee and Zalas’ attorney, Clint Zalas, that he was assigned by the commissioners to investigate. He said Assistant Human Resources Counsel Pete Agostino was never involved in the investigation and was never assigned to the case. Zalas said Agostino is not in charge of the investigation because Loris Zappia formerly worked at Agostino’s firm, Anderson, Agostino and Keller.
“Given his ties to Mike Misch and Pete Agostino, I assume they suspected a conflict of interest,” Zalas told The Tribune.
Zalas did not provide any information about Loris Zappia’s employment.
“The commissioners have essentially completed their investigation,” he said on August 15. Zalas completed his part of the investigation within 48 hours, he said.
Hess said Loris refused to participate in the investigation. She said a district employee who assaults another employee and then refuses to participate in a personnel investigation should be grounds for firing. In addition, she said a violent attack on someone should result in a criminal investigation. She questioned why there had been no firing or criminal investigation.
The Tribune filed a Freedom of Information Act request on August 14, but was informed on August 23 that the request was denied.
“After the investigation was completed, the lawyer submitted correspondence to the commissioners,” the response said. “This correspondence is subject to attorney-client privilege.”
A Tribune reporter contacted Dieter on Aug. 22. He declined comment and referred all inquiries to the human resources department. The Tribune left a message for the county’s human resources department on Aug. 26.
Who made the emergency call?
Both brothers deny calling 911 about the incident, and prosecutors describe the information given to authorities as “third and fourth hand.”
The 911 caller told dispatchers he wished to remain anonymous to avoid professional repercussions. When asked what number he was calling from, the caller asked someone else for the number and then repeated it.
The Tribune called the number the call came from and the person who answered said they did not call 911. When asked if they would put a reporter in touch with the person who called, they said they would have to ask the caller if they were OK with it first. The Tribune still has not spoken to the caller.
Email Tribune editor Camille Sarabia at [email protected].
