THREE WEEKS AFTER CRIMINAL PROBE BECOMES PUBLIC
A few weeks after it became public that he is under investigation for allegedly improperly accessing the email account of the county prosecutor, incumbent Platte County Presiding Commissioner Scott Fricker has withdrawn from his bid for reelection.
Fricker sent an email to multiple members of the local Republican party at 6 p.m. Monday announcing that he is terminating his campaign. He mentions the criminal accusations against him in his email.
The Landmark first confirmed the criminal investigation of Fricker with an online story on Feb. 25. The Missouri State Highway Patrol is investigating the presiding commissioner for allegedly tampering with computer data and the computer equipment of Platte County Prosecutor Eric Zahnd.
At that time, Fricker described the allegations as “total bullshit” and “attempted intimidation” by the prosecutor to get Fricker out of seeking reelection. He went on to describe the action as “lawfare” and said the situation will “bite (Zahnd) in the ass.”
A special prosecutor has been appointed in the matter, with Judge Ann Hansbrough naming Greene County Prosecuting Attorney to serve in that role to handle any prosecution deemed warranted by the investigation.
The case began when an email from Zahnd was included with an ethics complaint against the prosecutor. The complaint was filed with the Missouri Ethics Commission by Fricker. The email that Fricker provided to MEC showed email addresses in the BCC field, which can only be seen by the sender (Zahnd). Therefore, the allegation is that Fricker had either accessed Zahnd’s email himself or had instructed the county’s IT department to access Zahnd’s email account for him.
Fricker and the sheriff and prosecutor had been in disagreement over funding for law enforcement in this year’s budget. The law enforcement officers wanted pay raises of at least five percent for employees in their departments, but county commissioners only approved a 2.5 percent pay increase.
In his email to Republicans this week, Fricker said: “First, let’s get this out of the way. I was recently publicly accused of committing crimes. But those charges, initiated by Platte County Prosecuting Attorney Eric Zahnd, are totally false. I have the best attorney in Platte County and I’m confident that we’ll get the charges dismissed. Don’t expect any news coverage of my exoneration, but I’ll know and you’ll know.”
Fricker went on to write in the email:
“Deciding not to run for reelection has been a difficult decision for me, and I have gone back and forth on this. I have a strong desire to keep serving the people of Platte County, to keep standing up for taxpayers, working families, and small businesses. But I have a stronger desire to protect my family from the negative and destructive side of public life.”
The Platte County Board of Elections on Tuesday morning confirmed that Fricker withdrew his candidacy on Monday.
Reached Monday evening after Fricker’s email had been circulated, Zahnd declined any direct comment on Fricker terminating his reelection campaign.
It’s not known if this is related to the Fricker situation or simply coincidental, but a short time later on his social media accounts Zahnd posted a GIF of a Captain America figure that included the words “I don’t like bullies.”
Zahnd recently said Fricker has long been referred to as a “bully” by multiple people who work inside the administration building.
On Tuesday morning, a Landmark call to Fricker went to voicemail, where the newspaper left a message seeking comment on his withdrawal from the race. Almost immediately after the message was left, Fricker sent two texts to the newspaper:
“Ever since I became a commissioner, you have done everything in your power to destroy me, my reputation, and my family. You are no better than your partner Zahnd. I don’t know if this is all just to make a buck, or that you’re just a terrible person. Either way, I will have nothing else to say to you ever.”
That first text from Fricker was immediately followed by this one: “Print that asshole.”
AGREEMENT PROPOSED
BUT NOT SIGNED
Zahnd told The Landmark that he had signed a proposed agreement regarding the Fricker situation. Zahnd said Platte County Recorder Chris Wright had verbalized to the prosecutor some stipulations that Fricker sought.
It is not known if the agreement, which was signed by Zahnd but not Fricker, would have been legally binding even if signed by all parties.
In that proposed agreement, Zahnd states that if Fricker resigns as Platte County Presiding Commissioner, withdraws his candidacy, and agrees not to refile for election in Platte County in 2026, Zahnd would ask the special prosecutor to enter a “deferred prosecution agreement” with Fricker for those alleged crimes and any other crimes resulting from Fricker’s “unauthorized intrusion into my email account.”
The proposed agreement also said that Zahnd would not seek to uncover “any additional criminal activity by Mr. Fricker (while fulfilling my duty to report any alleged crime and seek a special prosecutor if any new crime is disclosed to me without any inquiry by me).”
Zahnd signed the proposed agreement on Feb. 26. He said Fricker has not signed it.
“Given that Mr. Fricker has apparently chosen not to resign, I am no longer bound by this offer, which Platte County Recorder Chris Wright told me were Mr. Fricker’s demands prior to his resignation. I will no longer abide by any of the promises made in the agreement. Stay tuned,” Zahnd told The Landmark on Tuesday morning.
The proposed agreement also said Zahnd would allow Fricker to withdraw his ethics complaint against Zahnd and the prosecutor would not pursue actual and compensatory damages against Fricker.
It also noted that Zahnd would forgo filing all civil causes of action he may have against Fricker.
“If asked about my reaction to Fricker’s resignation, state only ‘It’s good that Mr. Fricker did the right thing for Platte County,’ and refuse to make any other comment,” the proposed agreement said.
The proposed agreement detailed that Zahnd would keep the agreement confidential but permit Fricker to disseminate it as he wishes.
On Tuesday, The Landmark reached out to Wright, the county recorder, to ask if by speaking with Zahnd about Fricker whether he was acting as Fricker’s agent in the matter.
“I was acting in an unofficial capacity, just trying to broker the peace. He’s (Fricker) a personal friend of mine, though we don’t always agree politically. The whole situation was going to (expletive) and making everyone at the courthouse look like morons,” Wright told The Landmark. “It was literally me trying to broker the peace.”
FRICKER ATTACKS
ZAHND’S PERSONAL
APPEARANCE
Zahnd said he and Fricker were both present at a March 2 meeting of the Platte County Republican Central Committee.
Zahnd said he tried to initiate a civil conversation with Fricker about a grant program at that meeting. The following is Zahnd’s account of the exchange between the prosecutor and Fricker on that night, as best Zahnd can recall.
Zahnd recalled he said “Hey Scott, how are you?” and stuck out his hand. He said he left his hand there for about five seconds and Fricker eventually engaged in a handshake, “squeezing hard, so I squeezed back even harder.”
Zahnd continued: “Eventually he lets go first. I ask him to go to a quiet part of the room so we can have a discussion. He responds: ‘I’m never having a private conversation with you ever again because you’re a liar.’
Zahnd added: “I ask him what he means. He says I am telling everyone he’s getting out of the race. I respond that I’ve only told a few trusted confidants after I heard it from Chris Wright, who I know has told many people. I say I know many people are telling him to get out, including Dagmar (Wood, former county commissioner). He asks how I know that. I say ‘I have eyes everywhere, Scott.’”
At that point, Zahnd recalls that Fricker said: “Why don’t you bend over and (f) yourself?”
Zahnd: “Scott, I’m not sure I can do that.”
Zahnd recalls Fricker then said: “That’s right. Because you look like that (gesturing to Zahnd’s stomach).”
Zahnd: “Yeah, Scott, you’re right, I need to work on that.”
Zahnd recalls that Fricker then said: “You should be embarrassed that you’re so fat.”
Zahnd: “Well, yes, I said I need to lose some weight.”
Zahnd said Fricker then asked when Zahnd is going to stop prosecuting him. “I tell him I‘m not prosecuting him, I couldn’t prosecute him because I’m the victim (in the email case). He laughs, saying ‘So now you’re the victim.’ I tell him I am and he will see me listed under the victim section of the crime report when he gets it. He tells me Ted Smith (in the county’s IT department) says I never asked him to stay out of my email. I tell Scott that’s not true, and that’s not what (Ted) told the MSHP.”
He asks how I know that. I tell him that investigators and prosecutors routinely keep victims advised of the status and key facts found by the investigation. I tell him once Todd (Todd Graves, Fricker’s attorney) sees the reports, I predict he advises Scott to strike the deal Chris Wright asked me to sign that I thought you asked for.”
Zahnd said Fricker then walked away.
RELATED POSTS
