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Judge recuses herself; declares mistrial
YOUNGSTOWN
In the midst of jury selection, the trial of Richard A. Roller, former Mahoning-Youngstown Community Action Partnership executive director, fizzled out soon after it began as the judge recused herself and declared a mistrial.
During the noon recess Monday, “the court was made aware of a previously unknown conflict, which required the judge to disqualify herself,” Judge Shirley Christian, of Mahoning County Common Pleas Court, wrote in a judgment entry.
Citing the canons of judicial ethics, the judge declined to elaborate on her judgment entry.
The jurors were dismissed. The case will be reassigned to a new judge to be heard by a new jury.
Roller, 50, of Colonial Drive in Liberty, who was MYCAP director for 10 years until he was fired in May 2010, is charged with theft in office, grand theft, having an unlawful interest in a public contract and soliciting or receiving improper compensation.
In his bill of particulars, Micah R. Ault, a Cleveland-based assistant Ohio attorney general, explained the unlawful interest in a public contract charge by alleging that Roller “used the authority or influence of his public office to secure authorization of a public contract” in which his brother had an interest Aug. 1, 2007.
Ault, who is a special prosecutor assigned to the case, explained the other charges by alleging that, between June 19 and July 13, 2009, the then-MYCAP director “deceptively obtained $14,000 in consulting fees and $3,400 in equipment rental fees” from the state.
The theft-in-office charge is a third-degree felony.
The charges of grand theft and unlawful interest in a public contract are fourth-degree felonies. The charge of soliciting or receiving improper compensation is a first-degree misdemeanor.
The former MYCAP director is represented by Atty. John B. Juhasz of Boardman.
The nonprofit, Youngstown- based MYCAP administers programs that help poor and disadvantaged county residents.
The MYCAP board fired Roller after the Ohio Department of Development issued a preliminary report on its review of MYCAP’s financial records for possible misuse of funds, nepotism, conflicts of interest and other issues, including weatherization work done at the then- agency director’s home.