Judge cancels contempt hearing; prosecutor was holding seminar

The assistant prosecutor apologized and intended no harm, the judge says.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGSTOWN — A judge has canceled a contempt of court hearing he had scheduled for this morning for an assistant county prosecutor whose failure to appear for a trial led to dismissal of criminal charges and freedom for the suspect.

“Atty. [Natasha] Frenchko has accepted responsibility and has apologized to the court for her failure to appear,” for a scheduled jury trial on Tuesday, Judge John M. Durkin of Mahoning County Common Pleas Court said in a news release late Wednesday.

“I am satisfied from her explanation that there was no intent on her part to disrespect the court or to negatively impact the administration of justice,” the judge added, declining to be interviewed.

Frenchko was presenting a seminar for nurses at St. Elizabeth Health Center on how to interview rape and domestic violence victims on the morning Kenneth R. Miller, 27, of Martin Luther King Boulevard, was to go to trial on robbery, felonious assault and domestic violence charges.

Frenchko was unable to confirm Friday that the case would actually go to trial Tuesday, according to Prosecutor Paul Gains. Frenchko declined to be interviewed.

Another prosecutor, who appeared in court in place of Frenchko on Tuesday, asked the judge for a postponement of the trial.

But Miller’s lawyer, John Jeffrey Limbian, said he and his client were ready for trial and asked the judge to either start the trial or dismiss the charges.

In his news release, the judge said his dismissal of the charges stands and that the prosecutor’s office can appeal his decision.

Gains said his office will appeal the dismissal.

“It’s going to be expeditiously done,” he said of the filing to be made before the 7th District Court of Appeals. The prosecutor’s office has 30 days to file an appeal. “We’re going to do everything we can to bring this person to justice,” Gains vowed.

Gains said he and Frenchko met with the judge in his chambers since the dismissal to discuss Tuesday’s events.

Although the judge said he was dismissing the case because of Miller’s speedy trial clock having expired Tuesday and Frenchko’s failure to appear for his trial that day, Gains said he believes at least 37 days remained on Miller’s speedy trial clock as of Tuesday.

Miller, who was released from county jail after his case was dismissed Tuesday, had been locked up since May 16, when he was alleged to have committed the offenses against a Youngstown woman.

With limited exceptions, Ohio law requires that defendants in criminal cases be tried within 90 days after their arrest if they’re in jail or within 270 days if they’re out on bond unless they waive their speedy trial rights. Miller hadn’t waived a speedy trial.