GOLDBERG CASE Judge considers lifting contempt convictions

A federal magistrate said the probate judge erred.
YOUNGSTOWN -- If three of Richard D. Goldberg's four probate court contempt convictions are vacated, the disbarred medical malpractice attorney could be released from the Mahoning County jail in time for Christmas.
The decision rests with U.S. District Judge Peter C. Economus.
The judge is reviewing a recommendation from U.S. Magistrate Judge James S. Gallas to vacate 18 months of Goldberg's 21-month contempt of court county jail sentence.
Goldberg, 59, of Liberty, bilked clients of roughly $4.5 million and was sentenced to 51 months in federal prison. He was released in October 2003.
Once released, Goldberg was transferred to the county jail to serve 21 months imposed by probate Judge Timothy P. Maloney of Mahoning County. Judge Maloney had concluded that Goldberg concealed $1.2 million that should have been paid to four clients.
As it stands, Goldberg is set to be released from the county jail on July 24.
Judge Gallas, in a 50-page report, concluded that Judge Maloney erred when he found Goldberg in contempt of court for three of four estate cases. The magistrate upheld one case's three-month sentence.
New proceedings
The magistrate said the errors in the three cases cannot be rectified without resuming the court proceedings at their initial stage. He recommended to Judge Economus that the cases be remanded and the sentences, which total 18 months, be vacated.
Two Cincinnati lawyers and an assistant Mahoning County prosecutor who represent Maloney have 10 days to object to the magistrate's recommendation. Judge Economus would then have 20 days after that to rule.
If Judge Maloney's lawyers accept the magistrate's recommendation and file no objections, Judge Economus could rule on Goldberg's release from jail before Christmas. Otherwise, the federal judge's decision would come in early January.
Judge Maloney imposed the 21-month sentence in May 2000, while Goldberg was still in federal prison, said Youngstown attorney Martin E. Yavorcik, one of Goldberg's lawyers. Goldberg is also represented in the lawsuit against Judge Maloney by two Columbus attorneys.
Yavorcik said the federal magistrate concluded that Goldberg's constitutional rights were violated because he was not afforded his right to due process.
"What Rick Goldberg did was reprehensible, but he served his time," Yavorcik said. "It seems like Judge Maloney has made it his goal to put Rick Goldberg away for life."
Goldberg, though, is focused on another case he faces in Mahoning County Common Pleas Court in February, Yavorcik said. Some of the charges -- theft, engaging a pattern of corrupt activity and forgery -- mirror those that Goldberg pleaded guilty to in federal court, Yavorcik said.
In October 2003, Goldberg's lawyers initially appealed his 21-month sentence but were overruled by the 7th District Court of Appeals. A visiting common pleas judge also denied his release.
Earlier this month, common pleas Judge R. Scott Krichbaum refused to release Goldberg but expressed concern that if a court rules Goldberg has been illegally detained, the county could be liable for a big lawsuit.
Yavorcik had asked the judge to release Goldberg on bond pending trial in February. Yavorcik said the 21 months Judge Maloney imposed in May 2000 on misdemeanor contempt convictions should have been served concurrent with Goldberg's federal time.