Judges, prosecutor duke it out in public



The fur is flying in the Mahoning County Courthouse and the Trumbull County administration building -- there's an earthier way of putting it, but not in a family newspaper -- and this writer is thrilled. One of the biggest problems with government is the refusal by public employees, especially elected officials, to openly criticize one another. This see-no-evil mentality has facilitated corruption and incompetence.
But hope springs eternal -- given what is taking place.
In Mahoning County, Prosecutor Paul Gains is in a battle with judges of the Common Pleas Court, and considering the venom being spewed, the public is in for a rare glimpse of what occurs in the inner sanctum of the courthouse.
The first shot was fired by Gains, whose thin skin shrivels every time he's criticized by the press.
On Jan. 19, he filed a motion with Judge James Evans "for clarification of scheduling" for three cases that are pending. In layman's terms, Gains submitted a formal court document to the judge that said, "Get your act together."
Here's a taste of the language the prosecutor used:
"Thus, the State is requesting that the Court formally inform the undersigned via Journal Entry immediately as to which case the Court intends to proceed to trial on February 12, 2007, in order that the State of Ohio has a reasonable time to prepare, since it is unreasonable to require one attorney to prepare more than one case for trial on the same day. Furthermore, to require the State to prepare for trials which the Court does not intend to proceed is a waste of time and tax dollars."
Cheap shot
The "waste of time and tax dollars" was a punch below the judicial belt.
Judge Evans -- he's a former state trooper and Gains is a former Youngstown policeman -- wasted no time in responding.
After several paragraphs in which he ran through the scheduling process for the cases, Evans had this to say:
"It is further the Order of this Court that the Mahoning County Prosecutor refrain from further verbiage concerning his efforts to impress others and the media of personal feelings concerning the obligations of the office of Mahoning County Prosecutor in their efforts to prepare for trial when scheduled. Certainly the office of the Mahoning County Prosecutor can devote more time to organization within his own office than lecturing the Court on the necessity to prevent a wasting of time and dollars."
Now there's a judicial smack across the face.
But rather than throw in the towel, Gains decided to take on Common Pleas Judge Maureen Cronin, whom he blamed for granting postponements in a murder case that resulted in key witnesses being killed. The murderer, Charles E. Lynch, ended up getting a 13-year prison sentence through a plea agreement, rather than life.
Responding to the prosecutor's criticism, Judge Cronin said:
"It has nothing to do with continuances requested by the defense attorney. It has everything to do with the prosecutor's office failing to prepare the case."
Burn, baby, burn.
Gains has been around long enough to know that his every move, his every action -- both professionally and personally -- are now fair game for the judges of the Common Pleas Court.
And the judges, in turn, are on notice that they are under the prosecutor's microscope.
Such public airing of dirty laundry is what the taxpayers of Mahoning County deserve.
Trumbull County
In Trumbull County, Commissioner Paul Heltzel has been given the green light to scream, shout, use abusive language and even cause employees to vomit when he believes they aren't doing their jobs.
Former county Administrator Anthony "Commissioner Heltzel was mean to me!" Carson tried to get taxpayers to pay for his fleeing from his public job. Fortunately, a state board concluded that quitting because a commissioner gives you a verbal wedgie isn't grounds for claiming unemployment compensation benefits. Carson must repay 9,568 he collected after he quit.
"Mr. Heltzel, during the month of [Carson's] employment, was demanding, abrasive, vulgar and loud," the report from the Ohio Unemployment Compensation Review Commission stated. "It is understandable [Carson] did not care for the way Mr. Heltzel treated him and other employees. That does not necessarily mean, however, that [Carson] was reasonably justified in quitting."
Puke, baby, puke.