YOUNGSTOWN Goldberg's lawyers again seek dismissal

Prosecutors called the motion a desperate stall tactic.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Lawyers for Richard Goldberg are again asking a judge to dismiss criminal charges against the imprisoned and disbarred attorney.
Attorneys Karl H. Schneider and Brian E. Dickerson of Columbus say prosecutors have violated Goldberg's right to a speedy trial, so the charges against him should be dropped.
Jay Macejko, assistant Mahoning County prosecutor, said he disagrees with the defense argument and plans to file a written response this week. He said it's a desperate, last-minute attempt to stall the trial.
Judge Stephen Yarbrough, appointed by the Ohio Supreme Court to preside over the case, will make a ruling after he receives the prosecution's response.
Goldberg, 58, a former medical malpractice attorney from Liberty Township, is set for trial next month in common pleas court on multiple counts of forgery, theft and engaging in a pattern of corrupt activity.
He already is serving a 57-month sentence in a federal prison for bilking clients out of millions of dollars due them from lawsuit settlements. The state charges are based on the same type of activity.
Trial delays
In a motion filed this week, Schneider and Dickerson argued that under Ohio law, prosecutors had 270 days from the time Goldberg was indicted in March 2001 to bring him to trial.
They acknowledged that there were some lapses in the time limit that cannot be held against the state, but that even taking those into account, the speedy trial time has lapsed.
Since Goldberg has not filed a written waiver of his right to a speedy trial, his lawyers argue that the charges should not be allowed to go forward.
It's the second time Schneider and Dickerson have tried to get the charges against Goldberg dismissed. Last year, they filed a motion arguing that Prosecutor Paul Gains reneged on a promise to not press state charges against Goldberg in exchange for Goldberg's guilty plea to the federal charges.
Judge Yarbrough ruled, though, that there was no evidence that such a promise had been made.
bjackson@vindy.com