Lawyer tells of sex with 1 client

Edward Sturgeon denied a complaint saying he traded sex for legal fees.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
AKRON -- Edward F. Sturgeon, an assistant Mahoning County prosecutor on unpaid leave, admits he had sex with one client and exposed himself to another, but he denies he wanted a third to trade sex for legal fees.
The three women clients form the basis of a disciplinary hearing held Monday at the Summit County 9th District Court of Appeals. A three-member panel, all members of the Supreme Court of Ohio Board of Commissioners on Grievances and Discipline, is hearing the case.
The hearing resumes Wednesday with the defense calling Sturgeon, a psychiatrist and character witnesses, including Boardman attorney John F. Shultz and Mahoning County Judge Scott Hunter, assigned to Canfield court. Letters of support also may be offered.
Sturgeon was prosecutor at Judge Hunter's court until March 9, the day The Vindicator reported the sexual misconduct allegations compiled by Jonathan E. Coughlan, Supreme Court of Ohio disciplinary counsel. Sturgeon went on voluntary unpaid leave that day.
Sturgeon, 53, of Boardman, maintains a private practice there. The allegations center on his private practice, not his conduct as an assistant county prosecutor.
The case is being prosecuted by Columbus attorney Lori J. Brown, first assistant disciplinary counsel; Ronald E. Slipski, president-elect of the Mahoning County Bar Association and chairman of its grievance committee; and David "Chip" Comstock Jr., another grievance committee member.
Brown, in her opening statement, told the panel the case involves a long history of Sturgeon's denying the sexual misconduct. She said he admitted much of the conduct 48 hours before Monday's hearing.
Brown said this is a case of an attorney's taking advantage of three women -- women he exploited from a position of power "to satisfy his own needs and desire."
The women's allegations
In April, a month after the allegations were reported, Sturgeon admitted having oral sex with one client, Stephanie Fisher, in his office in March 2003, saying at the time that she initiated it. He now admits he initiated it.
Also in April, he denied telling the second woman, Christine Killa, that she could pay his fees by having sex with him at her home in March 2004. He still denies the accusation.
In October, a third woman, Tosha J. McGee, was added to the complaint. She alleged that in June 2003 Sturgeon wanted her to perform oral sex on him in his office and told her if she did it would allow her to pay off her bill quicker. She said he unzipped his pants, exposed himself and moved toward her.
Sturgeon, in stipulations offered in court, now admits he exposed himself to McGee.
He is represented by Boardman lawyers John B. Juhasz and Mary Jane Stephens. Stephens told the panel that Sturgeon is remorseful and that the case has affected his peers and family.
Sturgeon was called as the prosecution's first witness.
Lied about two issues
Brown established that Sturgeon was not truthful when he testified under oath during a deposition about the oral sex with Fisher and exposing himself to McGee.
Brown said in court that Sturgeon learned from his boss, Prosecutor Paul J. Gains, that Fisher had filed a police report about the oral sex a day after it happened in March 2003. Gains learned about the police report from Police Chief Robert E. Bush Jr., Brown said.
"You didn't tell Paul Gains the truth," Brown said.
"He did not ask," Sturgeon replied.
"You didn't tell him about the oral sex," Brown said.
"Correct. I was not asked," Sturgeon said.
Fisher and McGee did not testify Monday but may be called as rebuttal witnesses Wednesday, Brown said.
The remaining allegation involves Killa, who testified Monday. She works in Mercer County as a licensed therapist. She withheld her current residence.
Killa, who desired custody of her two children, said Sturgeon wanted to come to her townhouse in Liberty for their second meeting March 9, 2004. He arrived around 10 a.m. and stayed about two hours, she said.
Killa said Sturgeon told her that, as an assistant prosecutor, he carried a gun and opened his suit jacket to show her. She said he went around the townhouse checking doors and locks and closed the bedroom blinds.
"He laid on the bed, patted it and said 'Come here, lay down next to me.'... He pushed my face toward him for a kiss. He put his hands on my body, the side of my breast," Killa testified. "I ran downstairs crying, shocked and disgusted."
She said she didn't want to trade sex for legal fees.
Stood up for defendant
James P. Dwyer, retired Mahoning County Probate Court administrator, testified on Sturgeon's behalf. Dwyer said Sturgeon's reputation in the community is one of "a good lawyer, nice guy, good family man."
Dwyer said his opinion of Sturgeon hasn't changed since the allegations made news. Dwyer said he knows Sturgeon has been in counseling.
When the hearing ends Wednesday, the defense and prosecution will make recommendations to the three-member panel. The panel's discipline recommendation will then be made to the board of commissioners, whose deliberations are private.
If found guilty of misconduct, Sturgeon's discipline ranges from a public reprimand to disbarment for life. The final decision will be posted by the Supreme Court.
meade@vindy.com