Detachment blamed for sexual misconduct

The prosecution wants an indefinite suspension of the attorney's license.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
AKRON -- Anxiety and schizoid personality disorders caused an assistant Mahoning County prosecutor to self-medicate by sexually acting out with clients, a psychologist says.
Dr. George Mass of Columbus testified Wednesday on behalf of Edward F. Sturgeon at a disciplinary hearing at the Summit County 9th District Court of Appeals.
Sturgeon, 53, of Boardman, maintains a private practice there. He admits he received oral sex from one client in March 2003, exposed himself to another in June 2003 but denies he wanted a third to trade sex for legal fees in March 2004.
The allegations involve his private practice, not his conduct as an assistant county prosecutor in Mahoning County Court in Canfield.
A three-member panel, all members of the Supreme Court of Ohio Board of Commissioners on Grievances and Discipline, heard the case Monday and Wednesday.
The prosecution asked that the panel recommend an indefinite suspension of Sturgeon's license. Indefinite means a minimum of two years.
The defense wants whatever suspension is imposed to be stayed while Sturgeon continues treatment for his disorders. The lawyer said he takes medication for depression.
The panel's discipline recommendation will be made to the board of commissioners, which may not meet again until March. The final decision will be posted by the Supreme Court.
Background
Sturgeon went on voluntary unpaid leave from the prosecutor's office March 9, the day The Vindicator reported two sexual misconduct allegations compiled by Jonathan E. Coughlan, disciplinary counsel for the Supreme Court of Ohio.
Testimony showed that Sturgeon began treatment with Mass in April, after Sturgeon admitted he received oral sex from one client and became aware that a third client had filed a complaint with the bar association. The complaint of the third woman, which involved his exposing himself, was added to the case in October.
Mass said Sturgeon is not a sex addict but acted out sexually with his clients to make himself feel better. The doctor described the lawyer as emotionally detached, adding he didn't express concern for the women involved but was preoccupied with himself. The treatment plan is to get Sturgeon in touch with his emotions.
When asked in court if the behavior would reoccur, Mass said: "He's not likely to put his hand on a hot stove again once it has been burned."
Panel member Sandra Anderson, a Columbus attorney, pointed out that Sturgeon lied about who initiated the oral sex and exposing himself and wondered why the panel should believe him when he says did not try to entice a woman to trade sex for legal fees.
The case was investigated by the Mahoning County Bar Association and disciplinary counsel. It was prosecuted by Columbus attorney Lori J. Brown, first assistant disciplinary counsel; Ronald E. Slipski, president-elect of the bar and chairman of its grievance committee; and David "Chip" Comstock Jr., another member of the grievance committee.
Slipski said this is the first sexual-harassment type prosecution of a member of the bar that he could recall.
In her closing statement, Brown said Sturgeon's motives were selfish to wait so long to admit wrongdoing, that he showed a pattern of misconduct, provided false evidence, made false statements and lied repeatedly under oath.
Praise for victims
Brown praised the three women clients for having the courage to come forward and for having to endure his denials. She said what happened to them should not happen again.
Sturgeon never said "I'm sorry" or "I apologize" but rather said he is remorseful, Brown said. "Actions speak louder than words."
Sturgeon is represented by Boardman attorneys John B. Juhasz and Mary Jane Stephens.
Under questioning by Stephens, Sturgeon said he was mortified when the allegations were made public in the newspaper and that he didn't tell the truth at first as a defense mechanism.
"I knew the consequences would spill out to my wife, family and associates," he said from the witness stand. He vowed the behavior would never occur again.
Juhasz, in his closing statement, asked that whatever suspension is imposed be stayed. He said Sturgeon's "trolley went off the tracks" and the objective now is to get him back on track.
The defense subpoenaed Judge Scott D. Hunter, who presides over the Canfield court, and Boardman attorney John F. Shultz to testify Wednesday.
The judge said Sturgeon performed his duties as a prosecutor in a professional manner. The court is in session two half-days each week. They didn't socialize.
Judge Hunter said he doesn't condone what Sturgeon did.
Shultz said he was "shocked and surprised" by the allegations and that he and Sturgeon have known each other for 35 years and shared office space. They have a common interest in politics.
Shultz said the allegations were totally out of character for Sturgeon, who doesn't curse or swear around women and blushes if he hears an off-color joke. Shultz said his high opinion of Sturgeon hasn't changed.
Shultz said he recommends potential clients to Sturgeon but might express caution from now on if the potential clients are women.
meade@vindy.com