Some media may report that State Attorney Ginger Madden cleared former Escambia County Commissioner Doug Underhill’s aide of any crime related to the personal text messages of Commissioner Jeff Bergosh.
- But the unadulterated fact is the investigation found that Jonathan Owens and the County’s former IT director, Bart Siders, lied to cover up their conspiracy to take out Bergosh.
Background: In 2023, the PNJ reported that Owens had given former County Medical Director Rayme Edler’s attorneys a spreadsheet containing 60,000 of Bergosh’s text messages.
- Bergosh had turned over his personal phone to the Bart Siders in February 2022 because it was having issues, and he wanted a backup to preserve any public records before an overseas trip. Bergosh was given a copy of his files, and he said he directed IT to delete all other copies.
How did Owens get the files – which were a combination of personal and public emails?
Owens told PNJ reporter Jim Little when Siders asked him about the files:
“I said a thumb drive showed up in my office when I was still working at the county, and lo and behold, it had all Commissioner Bergosh’s text messages on it.”
- Owens unsuccessfully ran against Bergosh in 2020 for the District 1 County Commission seat in the Republican primary – coming in third with only 3,174 votes behind Bergosh (5,464) and Jesse Casey (4,377). The commissioner’s aide made no effort to hide his animosity for Bergosh.
The Truth
According to the letter from Assistant State Attorney Greg Marcille, dated Sept. 4, Owens’ tale was a lie.
Under oath, Siders told the state attorney’s office:
After Bergosh complimented Siders and his staff for helping him with his phone during a public meeting, he received a telephone call from someone who said he wanted to remain anonymous but was making a public request for the data downloaded from Bergosh’s phone.
Even though the caller did not identify themselves, Siders recognized the voice was Jonathan Owens.
- Siders provided Owens a complete copy of the information downloaded from the phone. This took place in a parking garage adjacent to the county office building.
Siders said that he did not review or redact any confidential or exempt material that provided information contained private communications and personal identification information, not subject to public records request.
- LIE: Owens’s story that Siders asked him how he got the files and a thumb drive had mysteriously shown up in his office. Owens lied, and Siders didn’t contradict him until called to the state attorney’s office.
Why No Charges Filed?
Marcille gave nuanced reasons for not prosecuting Owens for the unlawful possession of the personal identification of another person.
- The statute applicable to this matter is a specific intent crime. This means the state must prove beyond a reasonable doubt that the person intentionally and knowingly possessed such personal identifying information and did so without authorization.
- There is no evidence that Owen’s intentionally intended to obtain personal identifying information when he made his public records request.
- Marcille added that had Siders followed proper procedure, the public record response would’ve been reviewed and any exempt non-public information would’ve been redacted.
- The state cannot prove beyond a reasonable doubt that Owens was even aware that the public record response contained personal identifying information.
BART SIDERS
Siders was a disciple of former County Administrator Janice Gilley and blamed Bergosh for her firing in June 2021.
In November 2023, I asked Bergsoh on “Real News with Rick Outzen” if he questioned former IT director Bart Siders about how the data could have been downloaded undetected off the servers under his supervision. Sider resigned in August 2022. That past summer, the county asked the FBI to investigate the matter.
- “I believe (Siders) has been spoken with by the agents looking into this,” Bergosh said. “I personally spoke with him. I was very disappointed. I’ve known him for 20 years. He and I coached together; our kids played ball together. He told me unequivocally that he had no idea how it happened. I’d like to be a guy that takes him at his word.”
Siders lied to his friend and assistant coach, Jeff Bergosh.
- Why wasn’t Siders charged illegally for fulfilling a public record request? Bergosh refused to do an interview but said the state attorney’s office told him that Siders was granted immunity.
Why would Owens and Siders lie about transferring the text messages if they both believe they acted lawfully?
- Both Owens and Siders understood how public records laws work and circumvented them.
The goal was to end Bergosh’s political career, regardless of Florida law or ethics.
August 20 GOP Primary
Steve Stroberger: 4,801
Jeff Bergosh: 3,260
Well the board bailed.
That will leave the county open to further litigation rather than demand justice for bad actors stealing priviledged information.
Studio 850 as well as are still spinning the bias.
The Parking Garage is also A wonderful place to POP champagne I hear ??!!!
Haven’t seen this on ECW. Interesting
Sad thing is the judge dismissed the county’s case with prejudice. I think he was wrong. Now the board on the recommendation of the county attorney votes tonight to settle with the defendants. Will they get 3 votes. Bergosh should not abstain. Appeal! But Commissioner math.
We’ll see.
If they do agree those text were private then how in the world would would they explain they are of public interest. Talk about twisting, gaslighting using the law as a shield and a sword.
The board decided to persue the case because clearly they know the records were passed off illegally. The clerk should pay it.
So even the clerk is ironically upholding the illegality of stolen records by not paying the bill
However Bergosh made the Faux Pau of trusting Siders and also trying to be nice and thank them. He probably should have just thrown the phone over the bridge knowing the psychos were in wait. He did get ugly with the ethics complaints and the redistricting and enjoyed getting in the gutter on facebook himself.
I hate to see him go. He fought the good fight, explained his side. I’ll miss his blog.
I’m guessing if he wants he can continue to fight it on his own. He’s pretty smart though.
Can’t squeeze blood out of a turnip or expect people who don’t pay legal bill to pay him for defamation.
Interesting to see where this goes tonight.
Ah, the time honored tradition of the Escambia County parking garage hand-off–how all ethical and legal transactions are known to take place.
So if somebody gave me a car as a present, and I found out it was stolen, I can just keep it per state statute, because I didn’t know at the time it was given to me that it was stolen?
But then of course Owens didn’t just keep the prviate messages. He turned them over to multiple people, including transmitting them across state lines to an attorney who was suing the County at the time, a fact that he proudly admitted in print and on the radio.
Welp, rumor has it that Owens is spreading the word that Stroberger is going to plant him on the Planning Board for his trouble. If Stroberger sticks with that plan, that means that, in Escambia County, being willing to break the law for political outcomes guarantees you a spot on a quasi-judicial board. Sounds about right.