MAHONING COUNTY Judge fines deputy $500, finds him in contempt

The deputy was caught in a conflict between state and federal courts.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Mahoning County deputy sheriff was found in contempt of court and fined $500 Thursday for refusing to send a jail inmate to common pleas court for a hearing.
Judge R. Scott Krichbaum of common pleas court said Deputy Gary Flores either ignored or disobeyed his court order to bring the inmate to court for a bond revocation hearing.
Sheriff Randall Wellington and Prosecutor Paul Gains said Flores was simply following the department's policy regarding transport of federal prisoners held in the jail.
"He's an excellent deputy," Wellington said. "The judge made his decision, and we have to abide by it."
Gains said he'll discuss the matter with the Fraternal Order of Police before deciding whether to appeal.
About the case
The controversy centers on Christopher Anderson, who was free on bond awaiting trial in Judge Krichbaum's court for felonious assault charges. While Anderson was awaiting trial on those charges, federal authorities issued a warrant for Anderson on unrelated drug charges.
Based on the federal issue, Judge Krichbaum also issued a warrant for Anderson's arrest Aug. 30, intending to revoke his bond on the state charges and hold him in the county jail until his trial.
Anderson was arrested shortly thereafter by federal authorities, arraigned in U.S. District Court, and placed in the county jail to await further federal court proceedings.
Gains said Anderson was booked into the jail as a federal prisoner under guidelines established in an intergovernmental agreement between the county and the U.S. Marshal's Office regarding the housing of federal inmates in the county jail.
He said the county's contract with the federal government clearly states that, except in cases of medical emergency, federal prisoners may not be released from the jail without a written court order or authorization from the federal marshal.
Judge Krichbaum's bailiff called the jail Sept. 1 and requested that Anderson be brought to common pleas court the next day for a bond revocation hearing.
Took name off list
When Flores arrived at work Sept. 2 and saw Anderson's name on the list of inmates scheduled for transportation to the jail, he recognized Anderson as a federal inmate and removed his name from the list because there was no written order for his release.
He did not, however, notify the court that Anderson wasn't coming.
When Judge Krichbaum's bailiff called the jail to ask why Anderson was not sent to court, Flores said he could not release Anderson without a written court order from the judge and without approval from the U.S. Marshal's Office.
"He was caught between obeying the judge's order and obeying the terms of the intergovernmental agreement," Gains said.
Flores consulted his supervisors, who arranged for Anderson to be immediately taken to court. Wellington said Flores was verbally reprimanded for the way he handled the situation and that a new jail policy was created to avoid the problem from recurring.
Judge Krichbaum said common pleas judges should have equal access to inmates in such situations because they are being held in the county jail on charges stemming from county authorities.
"This is not about me. It's about a county deputy who is sworn to serve the courts," Judge Krichbaum said. "I have as much right to that inmate as the feds do."
The judge said he could have ordered Flores put in jail for contempt, but opted against it. "The punishment levied in this case was enough to be indicative that a court order must be obeyed," he said.
bjackson@vindy.com