YOUNGSTOWN Krichbaum will be judge over case of slain officer

Judge Lisotto represented Koliser years ago on criminal charges.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Another judge has been assigned to handle the case of a man accused in the shooting death of Youngstown policeman Michael T. Hartzell and the wounding of another man.
Martin L. Koliser Jr., 30, of Boardman, faces multiple criminal charges, including aggravated murder, for which he could get the death penalty if he is found guilty.
Authorities have said Koliser shot Hartzell while the officer sat in his cruiser during the early hours of April 29, and had shot 23-year-old Donell J. Rowe outside a Mahoning Avenue bar about two hours earlier.
The matter was assigned last week to Judge Robert Lisotto of Mahoning County Common Pleas Court, but Judge Lisotto stepped aside from the case Wednesday because he has a conflict of interest.
Here's why
Lisotto said he represented Koliser on criminal charges several years ago, before he became a judge. Because of that prior attorney-client relationship, he cannot serve as judge in this case.
Lisotto, who serves as administrative judge for the common pleas general division, said the case now is assigned to Judge R. Scott Krichbaum.
No conflict
Krichbaum said he has no conflict, so he can preside over the case.
Robert Rupeka, common pleas court administrator, said case assignments are done randomly by drawing numbered "pills" from a bottle. There are five pills, one for each of the five courtrooms.
Judge James C. Evans said if the case had been assigned to him, he would most likely have recused himself because he is acquainted with Hartzell's family, which creates a conflict of interest for him.
Judges Maureen A. Cronin and Jack Durkin did not have conflicts and could have accepted the case had their numbers been drawn.
bjackson@vindy.com