FBI probe 'shock' to employees

The administrator said proper procedures were followed throughout the case.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- Trumbull County's courthouse administrator says "shock" is the reaction inside the building to news that an FBI agent has questions about a civil case there.
Tony Cornicelli, who is also a court magistrate, said the thing most difficult for him and other courthouse employees to comprehend is why Judge John Stuard's name is being connected with the investigation.
"There's a sense of shock in the courthouse community that it might even be insinuated that his integrity is being attacked," Cornicelli said of the FBI's looking at a case handled by Judge Stuard.
"I can honestly say I don't put my neck on the line for a lot of people. But Judge John Stuard values his good reputation and deservedly so, and his honesty and integrity is beyond reproach," Cornicelli said.
Administrative Judge Andrew Logan referred questions about the FBI's courthouse visits to Cornicelli.
The magistrate said he became aware that William Fleming, the defendant in a civil case involving a Howland condominium dispute, had come to the courthouse numerous times in recent months to look at the case file.
He also became aware later that an FBI agent was asking to look at the file. Judge Thomas P. Curran, a visiting judge from Cuyahoga County who had been assigned the case last fall, told Cornicelli to provide the agent with complete access.
Agent questioned employees
Last week, the agent began interviewing courthouse employees, Cornicelli said, adding that some of them came to him seeking advice on what to do. Cornicelli said he left that decision up to the individuals and believes they all cooperated with the agent.
Cornicelli said he believes nothing will result from the investigation.
A message left with John Kane, supervisor in charge of the FBI's Youngstown office, was not returned Thursday.
From his discussion with the agent, Wallace Sines, Cornicelli said he doesn't believe the investigation has anything to do with Judge Stuard or his actions in handling the case. The lawsuit was filed in 2000 by David Miller of Howland against Fleming and his construction company.
"It's a case that just happened to be in his court," Cornicelli said.
In 2002, Judge Stuard ruled that Fleming failed to appear for a deposition, used unfair and deceptive sales practices in his dealings with the Millers, and ruled that the Millers were entitled to actual damages of about $140,000 plus triple damages totaling about $565,000.
Fleming said that at least one fraudulent document found its way into the file during the five years the court was handling the case and that the document or documents denied him his opportunity to defend himself against the $565,000 judgment.
Judge removed himself
In an Oct. 21, 2005, entry, Judge Stuard removed himself from the case, and it was turned over to Judge Curran. Stuard said he turned the case over to the visiting judge because Atty. Donald Ford Jr., who represents Fleming, had insinuated that something improper had happened in the case.
Cornicelli said the events from fall 2001 through March 2002, when Fleming lost the $565,000 judgment, followed state law. Fleming failed to appear for a deposition and two other hearings that followed in which the amount of damages was determined, and the judge had no choice but to rule against Fleming, Cornicelli said.
Fleming said he never received notices about the deposition or hearings, but courthouse records and information from Atty. Randil Rudloff, who represented the Millers, show that notices were sent to Fleming, Cornicelli said. Rudloff did not return a call Thursday.
Requiring that such notices go through certified mail instead of regular mail would cost an astronomical amount, Cornicelli said.
As to whether documents were stamped instead of personally signed or whether documents couldn't be located because they were filed incorrectly, Cornicelli said such problems occur in every courthouse because of the high volume of paperwork connected with the legal system. Judge Stuard said earlier this month that he has discontinued his practice of using stamped signatures.
runyan@vindy.com