State Patrol says it's reviewing Groene's computers for evidence of a crime

The Nebraska State Patrol said it continues to look for evidence that former state Sen. Mike Groene's actions toward a staff member amounted to a crime, according to records filed in Lancaster County District Court last week.

Groene, of North Platte, resigned Feb. 21 after reports that he took photographs of a female staff member who worked for him without her knowledge.

In a search warrant, State Patrol Sgt. Stacie Lundgren said there was probable cause to believe that evidence of official misconduct and oppression under color of office would be found on Groene's two state-issued laptops, seized as part of the investigation.

She asked to search the HP and MacBook computers for documents, records, emails and internet history, as well as social media, cloud storage and email accounts.

The investigation began shortly after Groene's resignation. On Feb. 22, the Nebraska Attorney General's Office asked the State Patrol to investigate whether a crime had been committed.

The previous Saturday, a day after news stories began circulating about a former staffer accusing Groene of taking photos of her without her knowledge, Omaha Sen. Megan Hunt sent a letter to the Nebraska Attorney General's Office asking for the investigation.

In court documents, Lundgren said on Feb. 4, while working on Groene's laptop, Kristina Konecko had discovered multiple emails that contained attached pictures of her.

"Konecko was most disturbed that there were so many pictures taken, that they were all taken without her knowledge or consent, that they may have been emailed to other people, and that Groene also emailed them to himself as well," the investigator said.

She said Konecko became incensed when she saw the objectifying and demeaning subject lines for the emails, which included "rear tight," and "legs."

Some of the photos were believed to have been taken years earlier, according to the search warrant.

Konecko filed a complaint with a human resources coordinator, who contacted Janice Satra, legal counsel for the Executive Committee of the Legislature.

According to the search warrant, Satra told Sen. Dan Hughes, chairman of the committee, in her opinion the photos weren't sexually gratuitous, "but there were enough of them in number that she recommended a complaint be filed concerning sexual or workplace harassment."

Lundgren said on Feb. 9, Hughes told Groene on the floor of the Legislature he needed to come to his office, where Groene was told he needed to set up a time to go to the IT department so the photos could be deleted from his laptop and personal phone, as Konecko initially had asked.

Lundgren said Hughes told her four more photos had been found on Groene's phone.

Groene, a two-term conservative lawmaker who often drew criticism for comments other senators deemed insensitive or offensive, later resigned. Gov. Pete Ricketts appointed Sen. Mike Jacobson, also of North Platte, to finish his term.

On March 14, Lundgren asked a judge for permission to search Groene's laptops, which Lancaster County Court Judge Holly Parsley granted.

Asked for an update on the investigation, State Patrol spokesman Cody Thomas said: "It’s still an ongoing investigation. I don’t have any updates at this time."

As of Monday, Groene hadn't yet been charged with a crime. He couldn't immediately be reached for comment.

Also Monday, senators on the Executive Board heard a resolution from Omaha Sen. Machaela Cavanaugh calling for the creation of a Special Ethics Investigative Committee to review the Legislature's workplace harassment policies.

Cavanaugh's proposal, which has eight co-signers, including Hughes, asks the Executive Board to create a committee of four men and four women.

"This is something that's been discussed in previous Legislatures, and I think it bears repeating and looked at further and continuing to pick up the work others have done," Cavanaugh said after the hearing.

The Executive Board did not take any action on Cavanaugh's resolution Monday.

Previously, the Executive Board killed a proposal from former Sen. John Kuehn of Heartwell that would have created a Legislative Ethics Board charged with investigating complaints against any senator or employee of the Legislature.

Kuehn's bill (LB1099), introduced in 2018, also would have created procedures to investigate complaints, determining what constituted inappropriate conduct, and what disciplinary actions would be taken.

In the wake of Groene's resignation, two other senators — Sen. Julie Slama of Sterling and Sen. Wendy DeBoer of Bennington — also sponsored resolutions calling on the Executive Board to examine the Legislature's workplace harassment policies, and issue a report.

With 10 days left in the 60-day legislative session, neither resolution — Slama's is LR311; DeBoer's is LR305 — has been scheduled to have a hearing.

Cavanaugh told the Executive Board she was open to the committee adopting a measure that combined ideas and language from all three resolutions.

"I really wanted to keep it open-ended, because this is a big issue and so complicated that I want the committee to be able to do the work they need to do," she said.