Horton Case: Prosecutor Submits more Evidence and Witness List

Two former board presidents were to testify

Thomas HaydenOctober 3, 20261 min read

On Friday, the government published more documents in the Horton case, including the list of potential witnesses and evidence:

  • Potential Witness List: Including two former Board Presidents, Sergio Hernandez and Anya Tanyavutti, and former superintendents Goren and Turner. All four were to testify “regarding District 65 policies and procedures for contracting for services.” or “policies and procedures followed by District 65’s board.”

  • Exhibit List: Includes a variety of emails, citizen FOIA requests, District 65 documents, and various contracts and sales quotes.

Also on the potential witness list was Simone Griffin, a former D65 staffer who went on to become superintendent of the Benton Harbor Area Schools. A few months ago, I wrote about how her administration hired Horton’s spouse in a no-bid contract related to the MIRACLES program.

FOIA Gras made the exhibit list including my March 2023 story, where Mr. Ross objected, because I am a journalist and not law enforcement (true!). Mr. Ross is still scheduled to go to trial.

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Exhibit List Objections

The government also offered a supplemental Santiago proffer, describing the alleged scheme in more detail, including claims that work was not performed and Horton was aware.

SAMUEL ROSS did not perform most of the services for which he invoiced District 65 on the Second Contract, and Horton knew that SAMUEL ROSS had not provided those services. SAMUEL ROSS falsely and fraudulently represented to District 65 that these many items of services described in the invoices had been performed, knowing he had not performed the work. On multiple occasions, SAMUEL ROSS informed Horton that he had not yet performed the services called for under the contract, but Horton directed SAMUEL ROSS to submit an invoice anyway. At Horton's direction, SAMUEL ROSS submitted the invoices, repeatedly billing District 65 for services that he had not performed.

SAMUEL ROSS was friends with Antonio Ross. In or around late 2023 or early 2024, SAMUEL ROSS spoke to Antonio Ross at Antonio Ross's residence in Chicago. During this conversation, Antonio Ross told SAMUEL ROSS that he had also been making payments to Horton on District 65 contracts and that some of the payments had been funneled through Individual A (Horton's sibling).

Horton’s Change of Plea Hearing is set for 10/5/2026 at 10:00 a.m.