Judge questions probe of chief

Judge Bernard has removed himself from the case.
& lt;a href=mailto:yovich@vindy.com & gt;By TIM YOVICH & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
GIRARD -- Municipal Judge Mi- chael A. Bernard is raising questions about an internal investigation by city police of their chief, saying, "I'm not satisfied there was an investigation at all."
Chief Anthony Ross, 78, has been charged with assault and intimidation of Robert E. Suich, owner of the Dairy Queen on South State Street.
The charges stem from a run-in March 24 in the business parking lot, in which the chief is accused of striking Suich twice with his unmarked city car.
Police Capt. Frank Bigowsky said he conducted an internal investigation of the chief, although one wasn't required.
Bigowsky pointed out that Suich filed the charges himself rather than filing a complaint with the police department.
"An employee doesn't investigate his boss," Judge Bernard said, noting he thinks it would be more appropriate for an outside police agency to review Ross' actions.
Bigowsky countered he's qualified to conduct an internal investigation.
Judge removes himself
Judge Bernard has removed himself from the Ross case because, the judge said, he has a working relationship with the chief, and Ross has a civil lawsuit pending against the judge in Trumbull County Common Pleas Court.
The question about the internal investigation of Ross was raised when Ross was arraigned May 8 on the charges by Judge Bernard.
After the hearing, the judge said he learned from Ross' lawyer, J. Gerald Ingram, that Ingram had a two-page police statement signed by Ross the day of the run-in with Suich.
The judge said court prosecutor Robert Johnson didn't have the statement and Bigowsky refused to give it to him. Judge Bernard said Bigowsky also refused to give the statement to his bailiff or Johnson's secretary.
Judge Bernard then signed an order for Bigowsky to turn over all police documents concerning the case.
Bigowsky termed the judge's action a "charade," pointing out the judge already knew he had the two-page statement.
Possible evidence
Judge Bernard said that he's unclear if the statement is a public record but that he believes it's evidence.
"The court has the right to inspect documents to determine if there is evidence, and each party has a right to the evidence," Judge Bernard said.
"The police are to serve the prosecution," he added, noting that defense attorneys are normally seeking evidence.
Bigowsky said he turned over everything he had about the case to the court, except for Ross' two-page statement. The captain said he thinks the document should not be made public.
Bigowsky said that Ross doesn't warrant discipline, but that for his own safety he should have called police headquarters to alert fellow officers he had stopped in the parking lot and why.
Judge Bernard said a transcript of the court proceedings involving Bigowsky will be sent to the FBI or the Ohio Bureau of Criminal Identification and Investigation.
"They can do with it what they please," the judge said.
Bigowsky said he has nothing to hide and welcomes any investigation.
"I'm calling his bluff," he said of the judge. "I don't believe I did anything wrong."
& lt;a href=mailto:yovich@vindy.com & gt;yovich@vindy.com & lt;/a & gt;