YOUNGSTOWN Flask trial to go forward

The judge denied a request by attorneys for the former MVSD board director to delay the case.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
YOUNGSTOWN -- The judge overseeing a $2.4 million civil lawsuit filed by the Ohio Attorney General's Office against Edward A. Flask plans to proceed with the case.
During a brief conference Friday, visiting Judge Richard Markus decided to go forward with the trial despite a decision by a federal judge in a related case to dismiss that matter.
"The judge didn't mention a delay in the case," said Joe Case, an attorney general spokesman. "We're prepared to go to trial."
Flask's civil lawsuit is set to begin at 9 a.m. Monday in Mahoning County Common Pleas Court.
The attorney general's office filed three separate $2.4 million lawsuits against Flask of Poland, a former Mahoning Valley Sanitary District director; Frank D. DeJute of Niles, another former director; and the Gilbane Building Co. of Rhode Island, which served as construction manager for the water agency's $50 million capital improvement project.
The lawsuits contend Flask and DeJute improperly paid Gilbane for managing construction work at the MVSD that was never done.
Judge's decision: U.S. District Judge George C. Smith dismissed the Gilbane case Thursday. In his decision, the judge wrote there was nothing illegal about the MVSD's financial arrangement with the construction company; and therefore, there was no money that needed to be reclaimed by the attorney general.
The attorney general's office filed a notice of appeal to Judge Smith's decision Friday and the issue is now with the 6th Circuit Court of Appeals in Cincinnati, Case said.
Flask's attorneys asked Judge Markus during Friday's conference to delay the case so both sides could file motions in response to Judge Smith's decision. The request was denied.
State audit's findings: The lawsuits are based on information found in a 1997 special state audit of the MVSD, which called for $2.7 million in findings for recovery. Of that amount, $2.4 million was sought from Flask, DeJute and Gilbane.
"The court appreciates the intention of the auditor and the attorney general to root out corruption and enforce the laws of Ohio," Judge Smith wrote in his ruling. "In this particular case, however, the audit does not provide actionable findings of recovery against defendant upon which plaintiff may proceed."
Flask's attorneys, who could not be reached Friday to comment, are expected to seek the dismissal of the lawsuit.
DeJute's case is scheduled for Nov. 26 in Trumbull County Common Pleas Court. DeJute, who is defending himself, is also expected to seek a dismissal for his case.
Flask served 90 days in Trumbull County Jail last year after Judge Markus found him guilty of nine criminal charges related to improperly accepting $2 million in cash and gifts from MVSD vendors.
The MVSD provides water from Meander Reservoir to about 300,000 Mahoning and Trumbull counties customers through its member cities of Youngstown and Niles.
skolnick@vindy.com