Goldberg contests contempt sentence

The disbarred lawyer argues the judge was biased.
By D.A. WILKINSON
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Richard D. Goldberg contends he doesn't have to serve jail sentences in Ohio on charges of contempt of court.
He's asked a federal judge to decide if he's right.
Attorneys for Goldberg have filed a lawsuit in U.S. District Court here to contest Goldberg's 21-month jail term on contempt. Goldberg is in the Mahoning County jail serving that term.
No hearing date has been set in federal court on Goldberg's suit.
The disbarred attorney was brought here from a federal prison in Kentucky. Goldberg was released about four months early from a 54-month federal sentence for defrauding clients out of $4.5 million they were owed from lawsuits.
The federal lawsuit was filed against Judge Timothy P. Maloney of Mahoning County Probate Court, who found Goldberg in contempt for not appearing for four hearings, on Jan. 10, 11 and 13 and Feb. 2 of 2000.
At issue
Goldberg's lawyers argue that Goldberg was already in federal custody and was able to attend only the Feb. 2 hearing. The suit also alleges that Judge Maloney showed "actual bias" toward Goldberg, which prevented him from having a fair hearing on the contempt citations.
Goldberg's lawyers, Karl H. Schneider and Brian E. Dickerson of Columbus, also say that, under state law, contempt is a misdemeanor punishable by no more than 18 months in jail.
Goldberg lost a similar appeal in the state courts.
Goldberg is to go on trial in January in Mahoning County Common Pleas Court on multiple counts of forgery, theft and engaging in a pattern of corrupt activity.
wilkinson@vindy.com