LISOTTO CASE Gains, lawyer disagree

The day the newspaper asked to see the judge's file, the county prosecutor sent it to a potential special prosecutor.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Mahoning County Prosecutor Paul J. Gains says he had extensive plea negotiations with Judge Robert G. Lisotto's lawyer before deciding the common pleas court judge's case needed a special prosecutor.
Atty. J. Gerald Ingram, though, sees it differently.
"While Prosecutor Gains and I have discussed this case, I would not, in any fashion, characterize those discussions as plea negotiations," Ingram said Monday.
Judge Lisotto accepted Pittsburgh Steelers tickets from a lawyer who had cases in his court. Separate from any criminal action, the Ohio Supreme Court disciplinary counsel has filed a complaint against the judge and will recommend punishment.
On Feb. 26, The Vindicator asked Gains to review the FBI file he and the disciplinary counsel received about six months ago. The FBI concluded Judge Lisotto had committed no federal crimes but had misused his position.
Gains refused the newspaper's request for the file, saying he was contemplating a misdemeanor charge. Also, he said the file contains FBI documents that cannot be released.
Cites conflict of interest: Then, late Friday, Gains concluded a conflict of interest exists with the case because he represents the common pleas judges. He asked them to appoint a special prosecutor from Stark County.
Ingram then asked that a visiting judge be appointed.
Gains said Monday that the same day the newspaper asked about the judge's file, he sent it on to Robert Horowitz, Stark County prosecutor, for review.
Gains denied that the newspaper's inquiry prompted his action.
"I had been discussing it. Let's face it, it's a controversial issue here with this guy," Gains said. "I didn't all of a sudden spring into action. ... That's your interpretation."
A reporter asked how Gains could serve as prosecutor for what he called extensive plea negotiations with Ingram and later determine the case needs a special prosecutor.
"Have you seen a plea?" Gains said. "That's part of what the quandary was, so I decided hey, all right, we'll give it to Horowitz and see what he thinks about this."
Dennis Barr, an assistant Stark County prosecutor, has agreed to take the case if appointed.
Lawyer's view: "It has consistently been my position that because this is an ethical investigation the matter belongs before the [Supreme Court] commissioner on grievances and discipline," Ingram said. "The FBI investigation has uncovered no evidence of wrongdoing and does not even result in an allegation that Judge Lisotto's integrity was compromised or that he engaged in criminal wrongdoing."