Opening arguments are heard in Ross suit

Court proceedings will resume today.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
WARREN -- Girard Judge Michael Bernard and retired Girard Police Chief Anthony Ross both once protected the community from the same building, but this week they sit opposite one another in Trumbull County Common Pleas Court.
Opening arguments were heard Monday in a civil case filed against the judge by the former police chief. The case is being heard in the courtroom of Judge John Stuard by visiting Judge Thomas Curran.
Ross is suing Bernard for $25,000 stemming from an incident in the Girard city government building on Sept., 11, 2001. According to Ross, Bernard repeatedly bumped him into a wall during a disagreement causing damage to his back.
The former chief said the judge wanted to lock the entire government building down, including the police department located inside that building, after two planes hit the twin towers in New York on Sept. 11, 2001. Ross said he disagreed with the departments being made inaccessible to the public and the two men became involved in a confrontation in the lobby.
Ross has since retired from the department.
Monday morning was spent picking a jury for the trial.
History of service
Attorney Ed Fitzgerald of Cleveland, who represents Ross, started off by detailing the former chief's history of service and commitment to the area. He also explained to the jury the extent of Ross' medical issues before and after the alleged assault.
According to Fitzgerald, Ross emerged from his office to find a building locked down so that police officers could not come into work. He said officers could not transport prisoners in or out of the building or respond to any local crisis that might have arisen.
Fitzgerald told the jury that Ross made it clear to the judge that locking the public from police was unacceptable and the judge, he said, lost control, eventually coming into physical contact with Ross. Ross' statement to the jury is that Bernard took a football stance against him and shoved him into a wall several times.
Fitzgerald asked the jury to use common sense in deciding the motives of witnesses that may come forward and testify in the case. Police officers and court bailiffs witnessed the encounter.
Dedication to area
Atty. Martin White, who represents Judge Bernard, also started with details of the judge's dedication and commitment to the area, but told members of the jury the events on 9/11 were less dramatic and far less damaging than portrayed by Ross.
White told the jury it is important to note that the judge and former chief had bad feelings between them long before the day of the incident. He said the lawsuit is a means of getting back at the judge for past disagreements.
"What the evidence will show is that on Sept. 11, they had a strong disagreement, but nothing happened to cause anyone any injury. That is the defense," he said.
White told the jury the layout of the building and what doors were actually locked will be key to the defense. He also told the jury that Ross did not complain of any back pain until weeks after the incident and took a trip to Florida in the meantime.
The trial is to resume at 1 p.m. today.
jgoodwin@vindy.com