Prosecutor Says He Won't File Charges Over UA Testimony

Jun 3, 2014

File photo of current and former University of Arkansas officials testifying before the Joint Performance Review Committee in January. From left to right, Vice-Chancellor for Finance and Administration Don Pederson, Associate Vice-Chancellor for Financial Affairs Jean Schook, Chancellor David Gearhart, former Vice-Chancellor of Advancement Brad Choate, former Associate Vice-Chancellor of University Relations John Diamond (behind Choate) and former Advancement Division Budget Director Joy Sharp.
Credit Michael Hibblen / KUAR

The Pulaski County prosecutor says conflicting testimony from University of Arkansas officials isn't enough to warrant criminal charges under the state's perjury laws.

Prosecutor Larry Jegley reviewed testimony from a legislative hearing last fall about reported problems at the university's Division of Advancement. At the hearing, former UA spokesman John Diamond told lawmakers that school officials ordered him to "get rid" of records regarding a multimillion dollar deficit in the division.

Chancellor G. David Gearhart later testified that he never ordered the destruction of documents and that Diamond was a "disgruntled employee."

In Jegley's letter dated Monday, he said there was no probable cause for prosecution over the testimony.

Diamond, who now works for the University of Wisconsin System, declined to comment. Gearhart called the prosecutor's decision "the appropriate conclusion."