MACON, Ga. — Macon District Attorney Anita Howard says she wants to take a look at all documents relating to a 2021 investigation into Macon Water Authority board member Desmond Brown.
The request comes within two weeks of 13WMAZ's story that includes a clip of Brown appearing to thank Howard for not prosecuting him. In 2021, the Macon Water Authority started investigating Brown for possible misconduct in office and potential violations of state ethics laws.
The authority hired former Macon District Attorney David Cooke as special counsel to investigate. His report alleged Brown had a pattern of defrauding elderly women, telling them he'd complete work on their houses and never finishing it.
"He either didn't complete it, or didn't do any of it, but he kept the check," Cooke said this month.
Howard wrote this week to Macon Water Authority Chairman Gary Bechtel, asking him to forward Cooke's entire report to her office by Dec. 31. Howard also asked for all other evidence and documentation, and asks anyone with information to contact law enforcement or her office.
According to Cooke's report, Brown is a contractor and tried to get the authority to pay out insurance money to one of his clients. Cooke says that's a clear conflict of interest.
RELATED: District Attorney Anita Howard seeks Water Authority’s investigative files on Desmond Brown
Brown stepped down to run for chairman, so the investigation stopped, according to former Macon Water Authority Chairman Sam Hart. When Brown won re-election to his old seat, District 2, it never resumed.
Nearly two years after Cooke filed the investigation, Brown stood up at a Nov. 27 redistricting meeting and appeared to thank Howard: “Y’all know I shouldn’t be standing here. Thank God for a beautiful lady in this room. I ain’t going to call her name, but I’m sure darn glad she’s in office because if she wasn’t, I’d be gone up the road by now,” he said.
Based on this Facebook video, the only two elected women in the room were Howard and Macon-Bibb County Commissioner Elaine Lucas.
"This is no laughing matter," Cooke said Friday. "Here, we have someone who clearly, clearly thinks that he should've been prosecuted, and clearly thinks that he would've been held accountable, were the current DA not the DA."
Previously, Howard said she did not have any conversation with Brown about what he said in the meeting. On Friday, in a statement, she said she would uphold her oath to investigate, and prosecute if needed.
"For him or anyone to suggest I would approach his matter in any way other than based upon the evidence and the law, clearly does not know who I am, as I will always uphold my oath to prosecute, when evidentiarily warranted, without fear, favor, or affection," she wrote.
Howard also denies having a personal or professional relationship with Brown, despite pictures of the two together at a 2021 event, and Brown's pictures of himself supporting Howard at another event. The two are also Facebook friends. When 13WMAZ asked about the connection, Howard's office replied:
"Like many public officials, DA Howard is requested to take photos at events and is connected through social media with various community members, who often feature her photos in their own posts. Interacting with the public is an important part of her job. To suggest a photo or social media connection gives someone special treatment or is a realistic basis for a professional relationship is ridiculous and lacks integrity in its inquiry."
Desmond Brown and Anita Howard on social media
According to Howard's letter, her office and the Bibb County Sheriff's Office will review Cooke's report,
"Together, members of the Bibb County Sherriff’s Office and the Macon Judicial Circuit District Attorney’s Office will review the report to determine if there is any evidence which can be used to prove whether there have been violations of Georgia law by employees and/or board members of the Water Authority," the letter reads.
Until now, Howard's position was that she had no reason to investigate, since the Macon Water Authority didn't forward their findings to her office last year. Howard blames Cooke and the Water Authority for not sending over their findings.
"I am disappointed that the lead investigator, as a former district attorney, would not immediately and instinctively send his report to law enforcement for further review if, in fact, he believed there were potential violations of the law," she wrote.
Cooke disagrees. He says Howard could have and should have started an investigation sooner, and that his job was to present his findings to the authority.
"Macon Water Authority did its job. It's time for the DA's office to do theirs," Cooke said.
Brown did not respond to requests for comment Friday.
You can read Howard's full letter and statement below.
Howard's full letter:
"Dear Mr. Bechtel:
Please accept this letter as an official request for the Macon Water Authority to immediately forward the investigative report developed by special investigator David Cooke to both the Bibb County Sheriff’s Office and to my Office for review regarding accusations of misconduct by Macon Water Authority Board Member Desmond Brown. We would expect to receive this report no later than December 31, 2023.
Together, members of the Bibb County Sherriff’s Office and the Macon Judicial Circuit District Attorney’s Office will review the report to determine if there is any evidence which can be used to prove whether there have been violations of Georgia law by employees and/or board members of the Water Authority. If the Water Authority has any other information, documentation or evidence that would be valuable in the legal assessment of this matter, we request that information be sent to us as well. Anyone with information regarding this matter is encouraged to contact law enforcement or my Office.
Without fear or favor, the Macon Judicial Circuit District Attorney’s Office uses the law and evidence to determine whether there have been violations of our criminal laws. Thank you for your attention to this matter, and please feel free to reach out to me if you have any questions or concerns.
Regards,
Anita Howard"
Howard's full statement and responses to follow-up questions:
"On Tuesday, December 12, 2023, I sent a letter to the chairman of the Macon Water Authority requesting the investigative report developed by David Cooke. Ideally, this report whether complete or not, should have been sent to the sheriff and me immediately so we could launch a review of the allegations.
While my Office and law enforcement may conduct proactive investigations, typically, people call police when they believe a crime has occurred. Police investigate the allegations and then bring charges to my Office for review.
I am disappointed that the lead investigator, as a former district attorney, would not immediately and instinctively send his report to law enforcement for further review if, in fact, he believed there were potential violations of the law.
In addition, I have no personal or professional relationship with Mr. Brown. For him or anyone to suggest I would approach his matter in any way other than based upon the evidence and the law, clearly does not know who I am, as I will always uphold my oath to prosecute, when evidentiarily warranted, without fear, favor, or affection."
13WMAZ asked if Howard would recuse herself from investigation or prosecution: "As we have just today received information from the Macon Water Authority, it is too premature to make any informed decisions regarding our next steps. The Water Authority is also sending this information to the Sheriff's Office, and they will be conducting further investigation. Once their investigation has been completed, if there is probable cause that a felony has been committed the case will be referred to our Office. If probable cause exists for misdemeanor charges, the case will be referred to the Solicitor-General's Office of Bibb County. At this time, no valid or lawful grounds exist for a recusal."
13WMAZ also asked about Howard's connection to Brown on social media: "Like many public officials, DA Howard is requested to take photos at events and is connected through social media with various community members, who often feature her photos in their own posts. Interacting with the public is an important part of her job. To suggest a photo or social media connection gives someone special treatment or is a realistic basis for a professional relationship is ridiculous and lacks integrity in its inquiry."