Trial delays anger judge
The prosecutor and judge had exchanged caustic correspondence.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- A Mahoning County Common Pleas Court judge who prioritized three jury trials for Prosecutor Paul J. Gains says he ended up with "24 jurors waiting in the wings" and no trial ready to go forward.
"I don't have a trial this week -- that's what happened," Judge James C. Evans said Thursday. "I called Gains and did not get a return call."
The judge said an "irritating" lack of organization by Gains' office created the situation.
The sequence of events began Jan. 19 when Gains filed a "request of clarification of scheduling" for three of Judge Evans' cases, all set to begin last Monday. Gains noted in his filing that two assistant prosecutors are assigned to Judge Evans' court. Gains suggested that Robert B. Lundy, in jail awaiting trial, be tried first.
Lundy, 24, of Wabash Avenue, has been in the Mahoning County jail since Dec. 13, 2005, said Warden Alki Santamas. Lundy had two cases merged for trial -- a felony assault case from July 2005 and a separate case of carrying a concealed weapon and having weapon under disability from December 2005, records show.
Gains' filing
"It is unreasonable to require one attorney to prepare more than one case for trial on the same day," Gains said in his court filing. "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."
He asked that the judge designate the first case to be called for trial "and which case the court would like as the backup case in the event that the first case does not proceed to trial."
On Jan. 19, Judge Evans filed a journal entry in response to Gains' request for clarification of scheduling of the three cases.
"Apparently, by lack of coordination amongst assistant Mahoning County prosecutors and the assignment office ... the aforementioned cases have all been scheduled for trial on Monday, Feb. 12," the judge wrote.
Judge Evans ordered that, unless resolved beforehand, the Lundy trial go first. The judge designated as the second/backup trial the case against Ida Hayes of New Springfield (tampering with records case filed in October 2004).
The judge listed Daniel R. Baldwin of Leetonia (driving under the influence case filed in January 2005) as the last priority.
Judge's reprimand
"It is the further 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 [his office] ... to prepare for trial when scheduled," the judge wrote. "Certainly [Gains] ... can devote more time to organization within his own office than lecturing the court on the necessity to prevent a wasting of time and tax dollars."
Judge Evans, in his order, then asked Gains for the names of the two prosecutors assigned "to facilitate reduction of the court's docket -- one of whom was hired in an effort to accomplish same."
The judge noted that at least five prosecutors were named in one of the cases at issue.
"Certainly the taxpayers of Mahoning County deserve more than confusion and disorganization in an office deemed pertinent to attempting criminal justice," the judge said in his order.
Day of trials
Last Monday morning, with those 24 jurors waiting, Lundy reached a last-minute plea agreement and pleaded guilty to the assault and gun charges, the judge said. Lundy's sentencing is set for April 4.
Judge Evans said he then told Michael Villani and Kerry Shidell, assistant prosecutors, "OK, obviously, we're going to trial on the next one."
Villani, the judge said, wasn't ready for the next trial, citing the need for time to review recently provided discovery.
"I said 'Put it in writing,'" the judge said he told Villani.
The next case would have been Ida Hayes' 2004 tampering with records case.
Her trial was reset to June 11.
Baldwin's case, as per the judge's order, would have gone forward Monday if prosecutors had resolved both Lundy's and Hayes' case a week before.
A new trial date will be set for Baldwin.
Gains did not respond to messages left at his office seeking comment. Robert E. Bush Jr., chief of the criminal division, called The Vindicator on Gains' behalf.
Bush said medical records from Hayes' defense lawyer arrived the day of her trial, Monday, which prompted the prosecutor's request for a postponement. Bush said prosecutors were not to blame for the delay.
Numerous delays
A review of Lundy's assault and gun cases, meanwhile, shows that he reached a plea agreement and was scheduled to plead guilty March 23, 2006.
That day, however, Lundy, an indigent defendant, changed his mind and wanted new court-appointed lawyers.
Defense attorneys Douglas King (assault charge) and Mark Carfolo (gun charges) were replaced by Martin E. Yavorcik. King was paid 331 in attorney fees and Carfolo was paid 485, records show.
Yavorcik wanted off the case in June 2006.
Lundy rejected a plea deal that month and the case was set for trial Sept. 6, 2006.
The day of trial, the judge permitted Yavorcik to withdraw from the case and appointed defense attorney Mark Lavelle. Yavorcik was paid 280.
Lavelle didn't show for a pretrial Dec. 1, 2006, and it was reset to Dec. 14, records show.
Then on Jan. 19, Gains filed his request for clarification of scheduling and was told by the judge that Lundy's case would be the first trial last Monday.
Lavelle's attorney fees are pending.
With the daily rate at 68.84 to house a jail inmate, by the time Lundy is sentenced April 4, the county will have spent nearly 33,000 to keep him locked up.
meade@vindy.com