DAYTONA BEACH -- Jonathan Kaney, Jr. has informed the Volusia County Council that because three people and Waverly Media itself refused his subpoenas, he has no choice but to seek action in circuit court for compliance and that mens he won't be able to complete his report on Waverly Media by the March 14 deadline which is Friday.
Kaney made his announcement to the members of the County Council on Wednesday and forwarded a copy of his communication to Headline Surfer®.
Here is what Kaney wrote:
Dear Council Members,
Ordinance 2014-001 requires me to submit my final report on the Waverly Matter on March 14, 2014 “unless unable to do so for noncompliance with a subpoena.” Although I have enjoyed full cooperation from a large number of witnesses, including all members of the Council, in fact, four witnesses have failed or refused to comply with subpoenas, viz: Kimberly Was, Justin Kennedy, Ted Doran, and Waverly Media, LLC. Because each of these sources of evidence are important to the investigation, I have filed an action in County Court to enforce these subpoenas. A copy of the complaint is attached. This will delay my final report for a period of time that I am not able to estimate at this time. I will make an interim report as soon as I can be assured that the information to be reported in the interim report is not likely to change when I finally get the testimony and records sought by this complaint.
Kennedy, a candidate for the district 3 County Council race in 2012, told Headline Surfer® last month that Kaney had no legal standing and he had no intention of honoring his subpoena.
"Let Jon Kaney take me to court," Kennedy said. "If a judge says I have to answer his questions, then I'll deal with it then. I already answered questions of a State Attorney investigator almost a year ago. There's nothing new here. It's just a political witch hunt."
Doran, who ran for the county chairmanship in 2012, told Headline Surfer® he answered Kaney in writing and would counter him in court, emphasizing like Kennedy that he, too, doesn't believe Kaney has any legal standing to compel him or anyone else to answer his questions.
The 24/7 internet newspaper could not reach Was for comment Wednesday evening.
Jim Sotolongo, a principal in Waverly Media, said Kaney's investigation is politically motivated by certain politicians including County Councilman Doug Daniels of Ormond Beach, who he described as a "vindictive enemy" of County Councilman Joshua Wagner.