Fowler trustees move to force out police chief

Officials are preparing to start legal proceedings if the chief refuses to resign.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
FOWLER -- The township's police chief, who is accused of paddling numerous juveniles as part of a diversion program, has seven days to resign or he'll be fired.
Atty. Mark Finamore, legal counsel for the township trustees, said officials no longer want James Martin as chief and plan to start legal proceedings to have him removed if he refuses to leave.
"We asked several weeks ago for him to resign and his lawyer sent us back a letter asking that Chief Martin be allowed to stay on his unpaid leave until his criminal case is over and find out if he has been acquitted," Finamore said Monday. "The trustees don't want to do that."
Atty. Randy Weltman, who represents Martin, could not be reached.
Finamore noted that trustees believe it is not in the best interest of the township to retain Martin.
'Credibility issue'
"The trustees believe it is now a credibility issue and anytime he would go to court on a case this could be brought up," Finamore said. "If he doesn't resign by Friday we will begin to take steps to have him removed from office."
Martin pleaded innocent to a 52-count indictment related to his actions in running the diversion program. He retired in May from his full-time job as police captain in Howland.
State and federal officials began investigating Martin's juvenile diversion program in March. The program used corporal punishment and was being operated out of the Fowler Township Police Department.
Martin has been on unpaid leave from the Fowler Department since April.
Martin, free on a $2,500 bond, is facing 20 counts of dereliction of duty; 11 counts of misdemeanor assault; seven counts of unauthorized photography; 12 counts of using a sham legal process; and two felony counts of theft in office, said Dave Toepfer, an assistant Trumbull County prosecutor.
Authorities said the charge of sham legal process means Martin showed juveniles a document that appeared official but in reality had no legal standing and was not lawfully issued.
Paddlings
The indictment further states that Martin used a wooden paddle on several juveniles and adults numerous times as part of the diversion program. The adults were 18 and 20 years old. All the victims were male, officials said.
"If this [were] his first time being told about this then it may be a different story, but he was told in Howland in 1993 to not do this anymore and he continued," Finamore said.
sinkovich@vindy.com