Judge assigns Rev. Macklin as guardian of 17-year-old


The lawyers may not comment publicly about the case outside the courtroom.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGSTOWN — Mahoning County’s probate court judge has imposed an emergency guardianship on a teenager who escaped from the Jan. 23 East Side house fire in which six people died.

Probate Court Judge Mark A. Belinky also has designated a bank as guardian of the victims’ estate.

Meanwhile, the judge who will preside over the trial of the arson and murder suspect has imposed a gag order on prosecution and defense lawyers in the death penalty criminal proceeding.

Judge Belinky designated the Rev. Lewis W. Macklin II, who has been counseling the victims’ family, as the guardian of Julius Crawford, 17, who escaped from the burning house at 1645 Stewart Ave. but lost his mother, Carol Crawford, in the blaze. The emergency guardianship order says Julius’ father’s whereabouts are unknown.

The probate judge also named National City Bank as the guardian of the victims’ estate and said that bank will take control of all funds raised to date for the benefit of the surviving children and will be the depository for all future contributions. Donations may be made at any NCB branch and designated for the “Crawford Guardianship,” the judge said Tuesday.

“We want to make sure that the generosity of the community is met with the certainty that the people who are entitled to the money — the children — are going to benefit from this,” the judge explained.

The probate court also is investigating reports of unscrupulous people trying to take advantage of the tragedy and of the community’s generosity by conducting “bogus fundraising,” Judge Belinky said.

“The minor boy has school issues and care issues, and, more importantly, we wanted to get a handle on the fundraising,” Judge Belinky said. He added that he and Mayor Jay Williams have received numerous telephone calls concerning the fundraising, and that he and the mayor met on the issue Monday. Judge Belinky said he spent more than five hours at the courthouse Sunday researching the case and drafting his orders.

Judge Belinky also froze a savings account and a checking account at Chase Bank, which the judge said may contain funds belonging to the guardianship of Julius Crawford and from which the judge said someone is withdrawing money without court authorization.

The judge also ordered L.E. Black, Phillips & Holden Funeral Home, which handled funeral arrangements for the six victims, to keep donations for the Crawford family in its possession and not to disburse those funds.

During a pre-trial hearing earlier Tuesday in the criminal case, Judge R. Scott Krichbaum instructed all lawyers engaged in the forthcoming trial of Michael A. Davis, 18, of Bennington Avenue, on aggravated arson and aggravated murder charges not to make any statements to the media about the case outside of court proceedings and to confine their public comments to courtroom proceedings.

Judge Krichbaum, of common pleas court, explained that the case already has spawned extensive pre-trial publicity and that the defendant and the community have a right to have a public trial held here.

“What needs to be said and done can be said and done here in the courtroom,” where the media may cover the case, Judge Krichbaum said.

Defense Atty. Martin Yavorcik had earlier said he’d likely seek to have Davis’ trial moved to another county because of the extensive pre-trial publicity here, but County Prosecutor Paul Gains said that matter would have to be decided during jury selection.

Judge Krichbaum appointed Atty. James Gentile as lead defense counsel, with Atty. Yavorcik serving as co-counsel for the indigent defendant. The case is being prosecuted by Gains and J. Michael Thompson, assistant county prosecutor.

Davis, who is being held without bond in Mahoning County Jail, also waived his right to a speedy trial. If he hadn’t signed the waiver, he would have to be tried within 90 days of his Jan. 23 arrest. “I don’t know how anybody could get a case like this ready in 90 days, so a waiver is appropriate,” Judge Krichbaum said.

Besides Carol Crawford, 46, her daughter, Jennifer R. Crawford, 23, and Jennifer’s four children, Ranaisha, 8; Jeannine,5; Aleisha, 3; and Brandon, 2, died in the fire.

Besides Julius Crawford, now of DuPont Street, those escaping from the house were Carol’s daughter, Retia Crawford, 19; Julius’ girlfriend, Demeka Wilson; a neighbor, Ricky Williams; and a family friend, Chris Taylor.

In the criminal case, the prosecution turned over to the defense Tuesday an evidence discovery packet including a statement from the defendant to police; statements of firefighters; police, fire, ambulance and coroner’s reports; 10 recorded witness statements; and photos taken at the fire scene.

milliken@vindy.com