‘THIS DOCUMENT IS CONFIDENTIAL, PROTECTED BY ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT Date. May 12, 2008 To: Joshua A. Engel From: Michael McCann and Heather R. Frient ‘Subject: Legal Review of OSHP KKK Investigation ‘As you are aware, there was a recent incident (January 20, 2008) atthe Sandusky ‘OSHP post in which Trooper Craig Franklin (hereinafter ‘Franklin’ dressed in makeshift Ko attire while Sgt. Erie Wlodarsky (hereinafter “‘Wlodareky’) took a picture of him and forwerced ito ther employees. All tree individuals were subject to discipine Pursuant to your request on April 22, 2008, we conducted a legal overview of the KKK investigation (hereinafir “the KKK investigation’) from the Sandusky OSHP post. The ‘purpose ofthis overviow was to detormine, in preparation for anticipated Iigaton, the knowledge, if any within the OSHP concemning a prior counseling of Sgt Wiodarsky for the use of racist language, We have provided a bref summary ofeach investigation below. Lt. Charles Linek On Apri 23, 2008, we interviewed Lt. Linek who works in OSHP Labor Relations. Lt Linek confirmed that he was part ofthe decision-making process in determing the recommendation for discipline in the KKK investigation, LU Linek confined that he was familar withthe prior allegations fled against \Whodarsky by Sgt Johnson (regarding Wiedarsky using racial slurs) when he was making his recommendation in the KKK investigation. However, he stated on more than ‘one occasion that Johneon's ategations were “unsubstantiated.” in that incent, the only witness to the conversation, besties Johnson and Wiodarsky, could not remember \whether Wiodarsky used the n-word” or eaidblack’. Adtltionally, Lt Linok state that ‘Johnson had lied about previous issues, which apparently affected his crecibility ("So ‘weve got the word of this ar who's saying that Wiadareky dd this othor stuff and how uch weight can you put into #7). Lt. Linek later stated that. during the Johnson investigation, Wiocarsky had admitted to using the mword in the past But not on the ‘occasion that Johnson had alleged, UL Linek was aware that Wiodarsky had received a “counseling” by hie supervisors as a result of the Johnson aciministrative investigation ‘AN, bu dd not know the specifics of the counseling. He said he was not sure whether the counseling dealt solely wih racial Issues or some ofthe other issues (\e., "saying things infront of subordinates about “another supervisor’) that were raised in the Johnson A Le Linek stated that counseling Page 1 of 14