Thursday, February 22, 2007
The prosecutor said he can't comment on any bar complaint.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- The Mahoning County Bar Association counsel said lawyers are barred from making false statements to a judge but he "can't confirm or deny" whether assistant county prosecutor Mark Villani, who a judge said provided false information to delay a trial, will be investigated.
Atty. David Comstock Jr., speaking in generic terms only, said any lawyer's actions that may constitute a violation of ethical rules should result in an investigation either by the local bar or the Office of Disciplinary Counsel in Columbus. The Ohio Supreme Court then decides discipline.
Comstock said investigations remain confidential until certified by the Board of Commissioners on Grievances and Discipline. He said the local bar does not have to receive a formal complaint before it or the Office of Disciplinary Counsel launches an investigation.
He said new Ohio Rules of Professional Conduct were adopted Feb. 1.
He said under a section titled "candor towards tribunal," a lawyer shall not knowingly do any of the following: Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to a tribunal by the lawyer.
He said that rule applies in all cases.
What resulted
Tuesday, Mahoning County Prosecutor Paul J. Gains said Villani, who had about 10 years on the job, resigned with two weeks' notice. Gains said the resignation letter does not list a reason and he declined to comment further.
The Vindicator, after a series of interviews and review of court records, relayed information Monday about Villani to Robert E. Bush Jr., chief of the prosecutor's criminal division. Bush did some checking on his own and then acknowledged that Villani had provided false information to him and Judge James C. Evans about when defense discovery arrived.
Judge Evans quoted Villani as saying in court "they just dropped it on me." The judge, believing the discovery had just arrived the day of trial, granted the request and reset the trial.
"That's what irritates me, that obviously was the lie," Judge Evans said after learning the documents had arrived a week before trial.
Bush told the newspaper Monday that Villani's actions would be investigated and he could be fired. Villani turned in his resignation the next day.
A message seeking comment from Villani was left at the prosecutor's office Wednesday.
Gains was asked Wednesday whether he thought Villani's actions rose to the level of disciplinary action. He said it would be unethical to comment about whether a bar complaint would be filed against Villani.
meade@vindy.com