The state gambling commission has recently appointed C. Stanley McGee as interim executive director. The gambling commission stated their defence of McGee’s “presumption of innocence’’ regarding a 2007 unprosecuted accusation of sexual assault.
“A fair society and just society recognizes the value and importance of that presumption,’’ wrote commission chairman Stephen Crosby on Monday, in a letter addressed to Norfolk Republican Daniel Winslow.
Winslow had recommended delays for McGee’s employment for further investigation. Winslow also suggested in a letter that the commission give McGee a lie detector test.
McGee was formerly accused of assaulting a 15-year-old youth in Florida, though an investigation showed lack of evidence despite the accuser cited as credible by child welfare specialists. A civil suit followed though the case was settled, confidentially.
“The commission is not a law enforcement agency,’’ Crosby stated in a response to Winslow. “Except in limited circumstances, none of which is applicable here, it is illegal under state law to require a polygraph examination as a condition of employment, even if the subject of the examination agrees to such examination.’’
“I am, to say the least, surprised that you would suggest that the commission embark on a course that is both illegal and impossible to accomplish,’’ Crosby also added.
Winslow retorted, accusing the commission of failing to conduct “adequate due diligence’’ before filling a senior position.
“I respectfully disagree that the lack of criminal prosecution is tantamount to exoneration for due diligence purposes and I certainly hope as a matter of public policy that will not be the standard the [commission] applies when reviewing applicants for gaming licenses,’’ Winslow wrote.
The two have been duelling via letter for the past week. Crosby’s two-page letter to Winslow however offers a broad defense regarding the decision to hire McGee temporarily.
“The allegations of criminal wrongdoing were brought to the attention of Florida authorities, investigated by Florida authorities,’’ and were not prosecuted, Crosby wrote. “The presumption of innocence that Mr. McGee was entitled to as the process began thus was unchanged by anything the investigation revealed.’’
Crosby also emphasised that the decision to settle the civil suit does not reinforce any guilt.
“The decision to settle a case requires the agreement of all participants in the lawsuit and is done for a variety of reasons that may or may not have anything to do with the underlying merits of the case,’’ he wrote. “Thus, no change to the presumption of innocence can be reasonably inferred from the fact that the civil action was settled.’’
McGee, who was suspended during the former accusations of sexual assault, though resumed his job after the pursuant criminal case was dropped.
McGee’s appointment comes from his history in crafting legalization to legalized casino gambling in Massachusetts. He is expected to serve the gambling commission for several months until a suitable replacement is found.
McGee has not made any statements regarding the issue since his appointment.
Source: Boston Globe