During the ethics agency's investigation last year, Mezzatesta submitted an affidavit, saying "I have never solicited any grants for the Hampshire County board."
State schools Superintendent David Stewart and Hampshire schools Superintendent David Friend gave the commission similar sworn statements at Mezzatesta's request.
The Ethics Commission initially cleared Mezzatesta of any wrongdoing, but reopened an inquiry after The Charleston Gazette published a story about a 2003 letter Mezzatesta sent to Stewart soliciting department grant money for Hampshire schools.
In February, the Ethics Commission fined Mezzatesta $2,000 and gave him a public reprimand after agency investigators determined that Mezzatesta solicited a grant. Mezzatesta has refused to pay the fine.
State Police have been investigating Mezzatesta's affidavit since March. Mezzatesta signed the notarized statement in Hampshire County, which has jurisdiction in the matter.
"He knew when he signed that affidavit that it was false," said Wanda Carney, who filed an ethics complaint against the former lawmaker last year. "It's time for Mr. Mezzatesta to step up and take responsibility for his actions. Enough is enough. He needs to go."
Summers County Prosecuting Attorney Jim McNeely was assigned as special prosecutor to the Mezzatesta case. He declined comment Wednesday.
Hampshire County school administrators were directed on April 14 to return nearly half of a $75,000 state grant that Mezzatesta solicited.
A Department of Education consulting team determined that Hampshire school administrators misspent $35,000 in department grant money. Mezzatesta diverted the money to volunteer fire departments and the Capon Bridge Library in Hampshire County.
The money was initially intended for a sheltered workshop that served some Hampshire County special education students.
To contact staff writer Eric Eyre, use e-mail or call 348-4869.