MVSD Will Flask trial ever take place?



Flask filed for bankruptcy, which caused the civil lawsuit filed by the Ohio Attorney General's Office against him to be delayed. Visiting Judge Richard M. Markus said he is legally obligated to postpone the trial until after the former Mahoning Valley Sanitary District board director's bankruptcy issue is resolved.
But in Mahoning County Common Pleas Court on Monday, Judge Markus was noncommittal about whether the civil suit will ever be heard.
"Will this case proceed in this court at some time in the future? I don't know," Judge Markus said. "It will be up to the bankruptcy court if they choose to dismiss it or move it back here."
Surprised by filing: The judge and the assistant attorneys general handling the case expressed surprise at Flask's decision to file for bankruptcy. Flask filed the paperwork Friday afternoon, and Judge Markus and the AG's office didn't hear about it until Sunday evening. The case was to begin at 9 a.m. Monday.
But John Corrigan, a Flask attorney, said it should not have come as a shock that his client would file for bankruptcy because that has been discussed with the attorney general's office as a very viable option during the last few months.
In his bankruptcy filing, Flask listed $15,801.90 in assets with about $2.6 million in potential and actual liabilities -- nearly all of it being the $2.4 million lawsuit and unpaid legal and court fees from his criminal case.
Assistant Attorney General Arthur Marziale Jr. said that his office will challenge the validity of Flask's bankruptcy filing and that the case will be back in common pleas court someday.
Three lawsuits: The attorney general's office filed three separate $2.4 million lawsuits against Flask, of Poland, Frank D. DeJute of Niles, another former MVSD board director, and Gilbane Building Co. of Rhode Island, which served as construction manager for the water agency's $50 million capital improvement project.
The lawsuits say Flask and DeJute improperly paid Gilbane for construction work never done at the MVSD. The lawsuits also accuse Flask and DeJute of improperly receiving health, life insurance and pension benefits from the district.
A federal judge dismissed the Gilbane lawsuit last week saying the company did not receive any illegal fees from the MVSD.
DeJute says he is so confident with his case that he's defending himself in the civil case even though he is not an attorney.
DeJute's case, rescheduled a few times, was moved again. DeJute's trial was set for Nov. 26 in Trumbull County Common Pleas Court, but has been rescheduled for Dec. 17.
Marziale said at the Flask hearing that DeJute wanted his case to begin sooner. DeJute said that is not true, noting that Judge Markus wanted to begin sooner, but after DeJute declined, the judge pushed it to Dec. 17.
skolnick@vindy.com