MAHONING COUNTY Jailed ex-lawyer walks free after federal judge's ruling

Richard Goldberg will face state charges on theft and forgery next year.
YOUNGSTOWN -- For the first time since 1999, Richard Goldberg is out of jail.
U.S. District Judge Peter C. Economus agreed to release Goldberg, a former medical malpractice attorney, on a $50,000 unsecured bond with the condition he report to federal probation authorities.
During a bond hearing Monday in the Thomas D. Lambros U.S. Courthouse, Judge Economus said he had reviewed the written arguments filed by defense counsel and the state on a habeas corpus action. A writ of habeas corpus compels a defendant to be brought before a court to see if his imprisonment is lawful.
He also alluded to a ruling by a federal magistrate last week that contended Goldberg, 59, formerly of Liberty Township, was being held in Mahoning County jail illegally and a pretrial services report that recommended Goldberg be released on bond.
Subdued
After the hearing, a subdued Goldberg, still wearing his orange jail attire, was taken from the court. One of his lawyers, Martin Yavorcik, told him he would make arrangements for his street clothes to be brought to the jail.
Linette Stratford, an assistant Mahoning County prosecutor, said the judge deferred to the magistrate's ruling, and the release on bond appears to be proper at this time.
She added that the issue on the magistrate's ruling is still before the federal court on the merits, and the county will wait to read Judge Economus' decision.
Brian E. Dickerson of Columbus, also representing Goldberg, said after the hearing that Goldberg's release will allow him to help his lawyers prepare for the state case in Mahoning County Common Pleas Court next year.
Some of the charges -- theft, engaging in a pattern of corrupt activity and forgery -- mirror those he pleaded guilty to in federal court back in 1999.
Bilking
Goldberg, who is disbarred, filed for bankruptcy in 2001, and it will be up to a bankruptcy judge to decide what funds are available to repay the clients he bilked, Dickerson said. He added his client has worked with the bankruptcy court on the matter to make sure those with legitimate claims are entitled to reimbursement.
Goldberg 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 Judge Timothy P. Maloney of Mahoning County Probate Court. The judge had concluded that Goldberg concealed $1.2 million that should have been paid to four clients.
U.S. Magistrate Judge James S. 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.
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 Stratford, who represent Judge Maloney, have 10 days to object to the magistrate's recommendation. Judge Economus would then have 20 days after he receives the objection to rule on the matter.
Yavorcik has said the 21 months Judge Maloney imposed in May 2000 on misdemeanor contempt convictions should have been served concurrent with Goldberg's federal time.