Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!americast.com!americast.com!americast-post Newsgroups: americast.twt.metro From: americast-post@AmeriCast.Com Organization: American Cybercasting Approved: americast-post@AmeriCast.com Subject: DCHFA officials spurn subpoenas of council panel Date: Tue, 17 Nov 92 15:07:56 EST Message-ID: \SE B;METROPOLITAN \HD DCHFA officials spurn subpoenas of council panel \BY Vincent McCraw \CR THE WASHINGTON TIMES Four officials of a troubled housing finance agency failed to answer subpoenas yesterday to appear before a D.C. Council committee, which said it will now ask a judge to force them to respond. "We won't take this slap in the face," said council member Frank Smith, chairman of the Committee on Housing. "We will see to it that they are hauled in here and compel them to testify." The committee is one of five agencies probing the spending practices of the D.C. Housing Finance Agency (DCHFA). It voted to subpoena former agency chief M.L. Carstarphen, board Chairman John "Jack" Gloster, board member Irving Ferman and developer Charles Harper after they failed to appear at an Oct. 19 hearing. Mr. Smith said he will ask the full council to adopt a resolution at its Dec. 1 meeting asking a Superior Court judge to enforce the subpoenas. Should the court act favorably, they would be ordered to appear before the committee on Dec. 18, he said. It would be the first time the council has asked a court to enforce its subpoena power. In 1989, the council's Government Operations Committee subpoenaed witnesses for a probe of the Barry administration's involvement in a Virgin Islands personnel project, but all of those witnesses appeared as ordered. In addition to the committee, the D.C. Office of Campaign Finance, the D.C. Office of the Inspector General and the D.C. auditor are investigating DCHFA spending, as is the U.S. Department of Housing and Urban Development inspector general. An FBI probe began after the bureau received information regarding Ms. Carstarphen's spending. Ms. Carstarphen was fired by the board Aug. 31 after reports that $4,000 in DCHFA funds were used to buy tickets to a political fund-raiser for Mayor Sharon Pratt Kelly. The money was later returned. In letters sent Friday to Mr. Smith, each of the witnesses said they would not appear yesterday. Lawyer Walter E. Diercks said Ms. Carstarphen would not attend because her attorney of record, Frederick D. Cooke Jr., is out of the country until Nov. 23. Mr. Diercks, a partner of Mr. Cooke's, also said "her counsel simply cannot advise her to waive her constitutional rights" by testifying before the council committee since other investigations are incomplete. "Any attempt to require her to testify under such circumstances would be incredibly unfair, as well as unproductive," wrote Mr. Diercks. Mr. Gloster's attorney said his client is seriously ill and, since being released from the hospital last month, "has been working diligently to meet his personal and professional responsibilities." He said Mr. Gloster has been unable to prepare adequately to testify. DCHFA lawyer George R. Keys said Mr. Ferman's "medical condition was unchanged" and that he could not testify. But Mr. Smith said the committee had offered to take depositions from Mr. Ferman and Mr. Gloster. "They chose not to do that," he said. Mr. Harper was out of town and scheduled to return late yesterday, according to his attorney. Mr. Smith also urged Mrs. Kelly to dissolve the current structure of DCHFA to replace the entire five-member board. The terms of board members Jim Dickerson, Erman Clay and Mr. Ferman expired last year. Vada Manager, a mayoral spokesman, said Mrs. Kelly has concluded interviews with possible candidates to fill the expired terms and would announce her appointments soon. This article is copyright 1992 The Washington Times. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM