MAHONING VALLEY Teen files federal suit in paddling case

The lawsuit is seeking more than $200,000 in damages.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
HOWLAND -- An 18-year-old high school senior says he agreed to take part in a juvenile-diversion program that included the use of corporal punishment because he was told if he didn't, he would go to prison.
Robert J. McCrystal, of Stillwagon Road, Warren, filed a federal lawsuit Thursday in U.S. District Court, Youngstown, alleging that his constitutional rights were violated when he was made to take part in the program run by Fowler Police Chief James Martin.
Martin is also a captain in the Howland Police Department.
Named as defendants are Howland and Fowler trustees, Howland Police Chief Paul Monroe and Martin. Howland officials declined to comment. Fowler officials and Martin could not be reached.
The suit is seeking more than $200,000 in damages.
Teen's comments
"He lied. He tricked me," McCrystal said Thursday in the office of his attorney, Sarah Kovoor. "He told me I would go to prison for two years if I didn't take part in this program. I now want him to be punished for what he did to me. I believed him because he was a cop."
According to the suit, McCrystal was attending Howland High School at the time and got into a fight with another student Oct. 15.
Two days later, McCrystal's mother, Beatrice DeLung, received a telephone call from the Howland police station stating the other student's parents were pursuing aggravated-menacing charges against her son, the suit states. DeLung says she does not remember the name of the officer who called her.
The officer said that because her son was 18, he would be facing two years in prison and a $2,000 fine, the suit states. The officer recommended that DeLung telephone Martin at the Fowler Township Police Department to find out if her son would be eligible for a diversion program.
No criminal charges were ever filed against McCrystal, Kovoor said.
Signed over rights
The suit further states that when DeLung and McCrystal met with Martin, he instructed McCrystal to sign over his adult rights to his mother. Martin then placed McCrystal in the program, the suit states.
"Chief Martin told us that Robert would receive corporal punishment when he attended the probation sessions," DeLung said Thursday. "Chief Martin said that if I didn't want to hear my son cry or scream that I should not stay in the building during the sessions."
DeLung said she sat in her vehicle in the parking lot when her son attended the sessions.
The suit also notes that information concerning Martin's use of physical punishment against juveniles that occurred pre-1993 disappeared and are missing from Martin's personnel file in Howland.
Copies of letters
The Vindicator obtained copies of letters former Howland Police Chief Steve Lamantia sent to the Trumbull County prosecutor's office and Trumbull County Children Services Board in 1993 asking for an opinion on Martin's use of corporal punishment. Both agencies wrote letters back stating that Martin should not use corporal punishment in the diversion program.
"The willful interference with or destruction of evidence by the defendants disrupt this case," Kovoor said. "Steve Lamantia is the one individual who tried to contain the captain and now that he is gone from the department, they can't find the records?"
Township officials say they do not have the records.
The FBI and agents with the Bureau of Criminal Identification and Investigation are investigating Martin's use of corporal punishment. A Trumbull County grand jury convened Wednesday to hear evidence in the matter. No charges have been filed.
sinkovich@vindy.com