MAHONING VALLEY Montgomery speaks of ex-officials' trials

The attorney general was in Trumbull County speaking about protecting the rights of senior citizens.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
HOWLAND -- Ohio Attorney General Betty Montgomery said she is pleased that a visiting judge has set new trial dates for two former Mahoning Valley Sanitary District directors.
The dates for civil trials for Edward A. Flask of Poland and Frank D. DeJute of Niles were postponed in June after a federal judge questioned the authority of the state auditor to conduct special audits of agencies.
A 1997 audit of the MVSD was directly responsible for Montgomery's office filing civil suits against Flask and DeJute seeking about $2.4 million claiming the two mismanaged money at the water district.
U.S. District Court Judge George Smith ruled the special audits unconstitutional but said he would seek an opinion on the audit law from the Ohio Supreme Court. The judge never sought the opinion.
Dates chosen: Seeing that the matter would not be cleared up anytime soon, Visiting Judge Richard M. Markus, who is overseeing the Flask and DeJute civil cases, set trial dates for the two for Sept. 24 and Oct. 22 respectively.
"We went through the normal process to prod [Judge Smith] what he needs to do, and quite frankly, it's frustrating," Montgomery said today. "There's been inaction, but we're quite pleased Judge Markus is moving ahead."
Montgomery said she is confident the Supreme Court would rule that special audits are constitutional.
"If a state auditor can't go in where there is evidence of misdoing, then what is an auditor's job?" she said. "The law is with us and we're anxious to get the cases prosecuted. We've been thwarted at every turn here legally."
The AG's office contends Flask and DeJute paid the Gilbane Building Co. of Rhode Island for construction management work on its $50 million capital improvement project that was never performed. The AG's office also is suing Gilbane for about $2.4 million in federal court in front of Judge Smith.
About execution: Regarding the scheduled execution of condemned killer Jay D. Scott, which is set for Tuesday, Montgomery said in all likelihood the execution will be tied up in the courts for the next three to six months.
Scott, 48, convicted of the 1983 murder of a Cleveland delicatessen owner, has a hearing Monday in Cuyahoga County Common Pleas Court to determine whether he is competent to be put to death.
"We'll be in a legal battle in the appeals process," Montgomery said. "How far it goes is anyone's guess. If a stay is not granted Monday, it will proceed very quickly through the appeals process, but it will still be months."
Montgomery was at the Avalon Inn today speaking at a senior-citizen rights protection seminar organized by Trumbull County Probate Court Judge Thomas Swift.
"Seniors are more trusting, often lonely and are more vulnerable to those who conduct telemarketing or consumer scams," Montgomery told the audience of about 300 people. "My office is focusing on ways to protect our seniors."
Montgomery pointed out Miriam Fife, the county's victim witness advocate, and Jane Harris, president of the Girard Senior Center, as two people making a difference in the local community.
As far as her political future, Montgomery said she will most likely run for state auditor next year. She is unable to run for a third term as attorney general when her term expires in 2002 because of the state's term limit law.
"I should have a final decision in the summer or early fall."