GIRARD Law director backs cop in probe of Ross

The police captain says he was berated by the judge.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
GIRARD -- The city law director says a police detective acted properly when he refused to hand over a statement taken from the police chief during an internal investigation.
Mark M. Standohar issued his opinion Monday in support of Capt. Frank Bigowsky.
"He's a lawyer; I'm the judge," municipal Judge Michael A. Bernard said Monday in reacting to Standohar's opinion.
The judge won't comment further because he said he has instructed court prosecutor Robert Johnson to ask the Ohio Bureau of Criminal Identification and Investigation to conduct a probe of the police department, partly because of its internal investigation of Chief Anthony Ross.
Assault alleged
The internal investigation was conducted by Bigowsky after Robert E. Suich, owner of the Dairy Queen on South State Street, accused Ross of striking him twice with his city-owned car Feb. 24.
Suich charged Ross with assault, a misdemeanor, and intimidation, a felony. The case is pending.
Questions about the two-page statement Ross gave arose after his May 8 arraignment.
Bigowsky initially refused to obey Judge Bernard's order to turn the statement over to him.
Bigowsky maintained that a 1967 U.S. Supreme Court opinion in Garrity vs. New Jersey protects public employees' from having statements taken during an internal investigation used against them in criminal proceedings.
In his opinion, Standohar wrote that refusal to turn over to the judge or prosecutor information about the statement in a criminal case "was both appropriate and legally necessary to protect Chief Ross' Garrity Rights."
Bigowsky said the judge knew he had the chief's statement in his possession but threatened him with contempt of court and other charges if he didn't surrender it.
Bigowsky said he was "berated."
He said the judge knew the statement existed because defense attorney J. Gerald Ingram had left it in the judge's chambers.
Fearful feelings
Bigowsky said he's fearful of appearing again before Judge Bernard because "he's going to blow up at me."
Bigowsky said his internal investigation didn't turn up any wrongdoing by Ross.
Judge Bernard has said an outside agency should have conducted the probe of the chief's actions.
yovich@vindy.com