No conflict, but Miller considering special prosecutor for Culver case

Attorney General Tom Miller is considering whether to appoint a special prosecutor to look into allegations of improper contributions to Gov. Chet Culver's re-election campaign.

The state Division of Criminal Investigation is probing possibly improper donations to the governor's campaign from three Fort Dodge businessmen. They reportedly gave $25,000 to the campaign last November and December after they had received $25,000 themselves from Peninsula Gaming. The company and businessmen are partners in an effort to get a casino license in Fort Dodge.

Culver, who publicly advised the Racing and Gaming Commission to issue licenses for casinos in Fort Dodge and three other communities, has denied any impropriety in regard to the contribution.

His public advocacy for the licenses is considered unusual. In the past, governors typically have not weighed in on license applications.

The donations to Culver's campaign raised questions about whether they were funneled from the casino company through the businessmen. It's illegal to make contributions from somebody else in your own name or to knowingly receive those donations. The company has denied any wrongdoing. The businessmen said the payments to them were for expenses related to the license application.

While waiting for the DCI to complete its investigation, Miller is considering whether his office should turn the case over to a special prosecutor.

“First of all, we don't think there is any direct conflict, that there's no interest or relationship that requires us to say we cannot do the case,” Miller said after speaking at a conference on elder abuse sponsored by Heritage Agency on Aging Elder Abuse Initiative and the Linn County Seniors Against Crime Triad.

“What we're concerned about is the appearance of a conflict of interest, Miller said. “It's very nebulous. It's hard to deal with. There can always be some sort of questionable appearance.”

His office has farmed out very few cases to independent prosecutors, Miller said.

“We're looking at whether it's reasonable for people to think we can go ahead and do this fairly and on the law, Miller said. “We have a reputation for this that I believe is well-earned.”