MAHONING COUNTY Judge clears deputy sheriff of charge of contempt

The inmate flap spurred a letter to the sheriff from the U.S. Marshals Service.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Mahoning County deputy sheriff has been cleared of a contempt-of-court charge levied against him a week ago.
Judge R. Scott Krichbaum of common pleas court wrote in court documents that he is satisfied that the deputy, Gary Flores, "understands that his conduct was contemptuous" and that his "apology is sincere and appropriate, albeit after the fact."
Judge Krichbaum absolved Flores of the contempt finding he had made against him Sept. 23.
The decision followed a meeting earlier this week between Judge Krichbaum, Flores and Glenn Kountz, president of the Fraternal Order of Police Lodge 141, which represents deputies. The meeting was requested by Flores and Kountz.
"I was just there representing my deputy," Kountz said. "He was kind of stuck in a rock and hard place between policies."
He said Flores apologized to the judge and assured him that the same problem won't happen again.
About the situation
The issue involved a county jail inmate who is being held on both state and federal charges. He was arrested by federal authorities and had already been arraigned in U.S. District Court. He was in jail awaiting further proceedings.
The same inmate was due for a hearing in Judge Krichbaum's court on a violation of his bond for a felonious assault charge. Flores refused to send him to common pleas court, though, without a written court order.
The county has a contract with the U.S. Marshals Service for housing federal inmates in the county jail. Terms of the contract state that federal inmates can be released from the jail only by permission of federal authorities. That's why Flores would not release the inmate at the request of Judge Krichbaum's bailiff.
Judge Krichbaum said Flores should have allowed the inmate to be delivered to the courthouse anyway. He said common pleas judges should have equal access to inmates being held on both state and federal charges.
After a hearing last week, he found Flores in contempt of court and fined him $500. Flores does not have to pay the fine now that the judge has absolved him of the contempt finding.
Prompted letter
Judge Krichbaum's action last week spurred David L. Harlow, chief deputy U.S. marshal for the Northern District of Ohio, to write a letter this week to Sheriff Randall Wellington.
In the letter, Harlow reiterated terms of the intergovernmental agreement and said federal prisoners may only be released to a U.S. marshal or their designee.
"Violations of this article may jeopardize the entire agreement and require the removal of the remaining federal inmates" from the county jail, Harlow wrote.
The county is paid $67 per day, per inmate, by the federal government for housing its inmates in the jail.
Harlow wrote that in the future, no federal inmates are to be released unless "express approval" is obtained from his office.
bjackson@vindy.com