Newly elected Jefferson Commonwealth's Attorney Tom Wine has told five prosecutors -- including one of his May primary opponents -- and six other staff members that they will not be kept on when he takes office in January.
It's not unusual for an incoming commonwealth's attorney to make changes in the staff and I am not insensitive or indifferent that some people are losing their jobs," he said in an interview Monday. "This is the way the process works."
Wine will be taking the place of Dave Stengel, who is retiring at the end of the year after 16 years in office. Wine would not name those who will be leaving, saying he didn't want to jeopardize their job searches.
However, Stengel confirmed that one of those being dismissed is high-profile prosecutor Tom Van De Rostyne, who ran against Wine in the May primary for the top prosecutor spot and criticized him for taking a large judicial retirement pension while running for elected office.
"He did not like Tom's advertisement where he called him a double dipper," said Stengel, who defended Van De Rostyne, saying he "has impacted crime in the community more than any other prosecutor since I've been here. It's a shame he is being let go for political reasons."
Van De Rostyne, who did not return a phone call to his cell phone seeking comment, has worked as a prosecutor since 2001 and is a division trial chief who has prosecuted some of the city's most notorious defendants - including Ricky Kelly, who was indicted for eight murders before his case went to federal court.
The prosecutor has been dogged in recent months, however, about his involvement in recommending the release of James Mallory, who was accused of murdering a 15-year-old just weeks after getting shock probation at Van De Rostyne's request.
In another case, defense attorneys for Steven Pettway, charged with the shooting of Troya Sheckles, told a judge last week that Van De Rostyne's failure to turn over evidence that may reveal an alternative killer revealed a "pattern of deceit and deception." The defense attorneys say the slaying case should be dismissed.
Stengel said defense attorneys are making wild claims about Van De Rostyne because he has been such a successful prosecutor.
"He's done nothing wrong," Stengel said.
Wine, who has been seen in the back of the court observing some of the Pettway hearings, said he had no comment on Van De Rostyne. But in remarks after his May primary win, Wine pointedly thanked opponents Carol Cobb and Steve Ryan for "running positive and clean races" but did not mention Van De Rostyne.
And one of his campaign promises was to change how the office deals with jailhouse informants, particularly referencing the Mallory case, saying he would review every case with jailhouse informants and not let them out of prison until after they have testified.
Mallory was given shock probation from a nine-year prison sentence in February after offering the Jefferson Commonwealth's Attorney's Office evidence against several defendants. He later denied making that deal or having any information about the cases.
Stengel - who himself dismissed six employees when he took office in 1996 - declined to name the other prosecutors not being retained by Wine, saying they wanted to first inform the families of victims that they would not be able to continue with their cases. He said he does not know the reasons as to why Wine selected those particular prosecutors.
"I'm mystified," he said, adding that the last few months of waiting has been "hell" on those in the office.
Wine, who was not challenged by a Republican in the general election, said he has been spent several months interviewing staff and prosecutors in the office, as well as observing prosecutors in court. He declined to offer specifics as to why he was not retaining certain prosecutors.
"It's every incoming commonwealth's attorney's prerogative to choose the people who would be best for the commonwealth," he said.
Besides the five prosecutors being let go, three other prosecutors have resigned for various reasons since Wine was elected, said Assistant Commonwealth's Attorney Leland Hulbert, a spokesman for the office.
The office has 48 prosecutors in total.
Wine said he hopes to fill as many of the open spots as possible, especially the prosecutors, but it will depend on how much money his office is given in the upcoming budget.
He said he has interviewed some potential new prosecutors but promised nobody a job. Wine added that, because of budgetary constraints, some support staff jobs - which include secretaries, detectives, paralegals, victim's advocates - may not be filled.
Most of the affected employees were informed on Friday with a letter from Wine.
Wine said he understands there will be some anger over the decision, but that he expects that the "people in that office will perform their jobs in a professional manner."