Callen fails to make case against Judge Krichbaum

When James B. Callen filed candidacy petitions to challenge Judge R. Scott Krichbaum of the Mahoning County Common Pleas Court, there was an expectation that he would come forward with solid evidence to show that the incumbent has been doing favors for organized crime figures.
The allegations of Krichbaum's connection to the Mafia surfaced during the FBI's investigation of government corruption and organized crime in Mahoning County.
But even though the judge's name popped up in conversations between mobsters that were taped by the federal government and was mentioned in sworn testimony in a trial in federal court, there have been no charges filed against him.
Krichbaum says he was interviewed by the FBI about a case in his court involving two individuals connected to the mob, but that's as far as it went.
That is why Callen's candidacy triggered such interest. After all, the executive director of the Northeast Ohio Legal Services has long been a mainstay of the Citizens League of Greater Youngstown, a grass-roots organization committed to ridding the Valley of organized crime.
Congressional hearing
Several years ago, Callen testified as an expert on the region's Mafia families at a congressional subcommittee hearing in Washington.
His election challenge of Krichbaum is founded on one issue: corruption.
However, when pressed to produce solid evidence of the allegations that he has leveled against the Republican incumbent, here is what Callen told Vindicator editors and writers:
"I don't have any additional information other than what has been reported. That [the news reports] is something one can make a judgment on."
Asked whether he believes the allegations are of such a serious nature that they should result in the judge's indictment, trial, conviction and imprisonment, the Democratic nominee said, "I'm not seeking to put Judge Krichbaum in jail. I'm seeking to replace him."
But that raises a question. If the FBI and the U.S. Attorney's Office in Cleveland -- it has mob boss Lenine Strollo as a cooperating witness, providing details of organized crime activities in the region --have chosen not to go after Krichbaum, what is the basis of Callen's conclusion that the judge has been acting at the behest of the Mafia?
The information that he has been using on the campaign trail to justify his "Seven reason why Judge Krichbaum must be fired" is the same information that is in the possession of the FBI and federal prosecutors.
Callen's admission that he has nothing more than what has been reported by the press is disturbing and once again points to a weakness in his approach to fighting organized crime. He has depended on information in the public domain to argue his position.
That is not enough in an election campaign which centers on the allegation that the incumbent has contributed to the corruption of the criminal justice system in Mahoning County.
Callen also contends that Krichbaum has accepted gifts and others things of value which give the impression that he is for sale.
The Ohio Supreme Court disciplinary counsel investigated those complaints and concluded that they did not justify a recommendation for disciplinary action by the justices of the court.
Veil of secrecy
A letter was sent to Krichbaum, which he has refused to make public. We do criticize him for placing this veil of secrecy on the issue when he is not bound to do so by the code of judicial conduct.
But athough we are offended by his denial of our request to see the letter, we do not believe his stance warrants our finding him unfit for office.
Krichbaum is one of the leading judges in the region and even Callen concedes that he can find no fault with the Republican incumbent's knowledge of the law or the rulings he renders from the bench.
In the Democratic's challenger's view, it's all about the appearance of impropriety.
Short of his producing a smoking gun, we find Callen comparatively ill-prepared for the position of Common Pleas Court judge.
We, therefore, endorse Krichbaum for re-election -- with the hope that the FBI and federal prosecutors aren't withholding information that could have a direct impact on the race.
Callen simply has not provided the hard evidence to support his charges of corruption.
That said, we do urge Krichbaum to heed the advice of a former federal prosecutor who fought crime in the Mahoning Valley: A judge should be the loneliest officeholder in a community. In other words, Krichbaum should keep his many friends in the legal profession at arm's length.