MAHONING COUNTY Challenger looks to unseat Gains in prosecutor race

Both candidates have extensive prosecutorial experience.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Paul Gains is standing on his record in his bid for election to another term as Mahoning County prosecutor.
But Brad Gessner says that's a shaky foundation to stand on.
Gessner, a former assistant county prosecutor, is seeking to unseat Gains in the March 2 Democratic primary election. Gains wants to be elected to a third four-year term.
Gains became prosecutor in 1997 after unseating former prosecutor James A. Philomena, who is serving a state prison sentence for fixing cases while he was in office.
"This administration has destroyed the 'for sale' sign which was previously on the prosecutor's office door," Gains said, referring to Philomena's case-fixing conviction.
Decrease in homicides
He said that under his watch, criminal indictments and prison commitments have each increased significantly. Homicides also have dropped sharply, from 68 in 1996 to 19 last year.
Gains said that's because his office does not routinely dismiss firearm specifications that are attached to violent crimes in which guns are used. A conviction for a firearm specification carries a mandatory three-year prison sentence that must be served prior to and consecutive to any other sentence imposed.
"This results in more violent offenders being sent to prison," Gains said.
He said he has worked closely with federal law enforcement to secure grants for Project Safe Neighborhoods, which focuses on prosecuting gun-related crimes.
Gains said he also has concentrated on building a strong civil division, which represents county and township officials, many of whom in the past hired private lawyers to represent them.
"This administration has demonstrated an ability to put politics aside in dealing with elected and appointed officials, and has engendered trust in many statutory clients who previously refused to use the services of this office for fear of political repercussions," Gains said.
Competitor's view
Gessner has taken a leave of absence from his job as assistant Summit County prosecutor to campaign for the Mahoning County post. He also had worked as an assistant under Philomena.
He says Gains and his staff have allowed too many cases to languish on court dockets for years without bringing them to trial. He points to the case of LeRoy Gore, who was indicted for murder in 1999 and still is in the county jail awaiting trial.
The matter is set for trial in March, but Gessner said the prosecutor's office never has made a serious attempt to get the case into a courtroom. He said the office has not objected to repeated continuances, and has never subpoenaed a witness for trial.
"I have the mind-set of a prosecutor rather than that of a criminal defense attorney," Gessner said, noting that he's worked as a prosecutor for 14 years.
Gessner said if he is elected, he would implement a program to directly present more cases to a county grand jury instead of having them bound over from lower courts. He said that will eliminate the time and cost involved in preliminary hearings.
bjackson@vindy.com