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