MVSD Group criticizes judge's decision

Judge Richard Markus says he can't comment on cases before him.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
YOUNGSTOWN -- The Citizens League of Greater Youngstown has lashed out against a judge for not ordering a former Mahoning Valley Sanitary District director to make restitution in a kickback scheme.
Edward A. Flask, the deposed MVSD director, was given an additional two year's probation last Thursday by visiting Judge Richard Markus in Trumbull County Common Pleas Court. But he was not ordered to pay what he owes.
Flask was convicted nearly three years ago of improperly accepting $2 million from those doing business with the public water distribution system.
Although ordered by Judge Markus to pay $78,562 to the Ohio Ethics Commission for its investigation and a $5,000 fine, Flask had only paid $1,240 as of July 2001.
Judge Markus extended Flask's probation from three to the maximum five years. He has served a 90-day jail sentence.
In a statement issued Tuesday, the watchdog group said it is "outraged" by the refusal by Judge Markus to punish Flask by forcing him to make restitution.
"The original crime to which Flask pleaded guilty was betraying the public trust by taking $2 million in kickbacks. The light sentence by Judge Markus was insulting to the good, honest people of the Mahoning Valley," the statement said.
No payment schedule
Judge Markus declined to comment Tuesday, saying he is prohibited under the Code of Judicial Conduct from making public statements on cases he's responsible for.
"Judge Markus continues to insult us by his coddling of Flask," the league said. "The only punishment that Markus could think of was to extend Flask's term of probation an additional two years."
"Perhaps Judge Markus does not recognize contempt of court when it is happening all around him," the league asserted.
During the probation violation hearing last week in Trumbull County Common Pleas Court, no payment schedule was ordered.
James Collier, league treasurer, said the group wants state Attorney General Jim Petro to step into the case to force Flask to pay up.
He said that Judge Markus' actions have damaged the community because he has not held Flask accountable for his actions.
The league statement said that the judge's decision "demonstrates that the Mahoning Valley has not yet left behind the days of unequal punishment, of weak punishment, of tolerance for the crimes of the influential."
The league has long supported the effort to rid the Valley of public corruption.
"Crimes should not pay, but criminals should," the league concluded.
yovich@vindy.com