Perjury count won't be filed locally, Gains says



Edward Sturgeon, who admitted to two sex acts, has resigned his position.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- If perjury or sex-related charges are pursued against Boardman attorney Edward F. Sturgeon, it won't happen here.
Mahoning County Prosecutor Paul J. Gains said Thursday that Sturgeon, who admitted to two sex acts in his private practice and lied about them under oath, did not commit perjury in this jurisdiction.
The perjury -- giving false answers about the sex acts in a deposition -- took place at the Supreme Court of Ohio disciplinary counsel in Columbus, which is in Franklin County, Gains said.
Gains said a perjury charge would have to be pursued by the disciplinary counsel through the Franklin County prosecutor.
Before his disciplinary hearing this week in Akron, Sturgeon, 53, admitted he had sex with one client in March 2003 and exposed himself to another in June 2003, both at his then-downtown office. He denies he wanted a third woman to trade sex for legal fees in March 2004 at her townhouse in Liberty.
During the hearing in Akron, Sturgeon admitted that he was not truthful in some answers he gave in his deposition.
The Mahoning County Bar Association and Supreme Court of Ohio disciplinary counsel investigated the misconduct case. 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.
Gains said Thursday that Sturgeon has resigned as an assistant county prosecutor. Sturgeon took a voluntary unpaid leave March 9, the day The Vindicator reported two sexual misconduct allegations. The third charge was added in October.
Strong words
"He resigned and I'll never bring him back," Gains said. "I'm shocked. I would never have believed what he did. That kind of behavior disgusts me, and it's a disgrace to the bar association."
Gains said there is a two-year statute of limitations for misdemeanor charges, such as solicitation. With that in mind, only the March 2004 allegation against Sturgeon is still viable, and the location is Liberty, which is in Trumbull County, Gains said.
At the closing of Sturgeon's disciplinary hearing, the prosecution asked that his law license be suspended indefinitely. 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 hearing panel's discipline recommendation will be made to the Supreme Court of Ohio Board of Commissioners on Grievances and Discipline, which may not meet again until March. The final decision will be posted by the Supreme Court.
meade@vindy.com