Judge throws out Desmond’s personnel board appeal, other cases persist

By Justin Wier

jwier@vindy.com

YOUNGSTOWN

A visiting judge threw out one of three cases filed by former assistant prosecutor Martin Desmond in relation to his firing from the Mahoning County Prosecutor’s office.

Judge H.F. Inderlied Jr. dismissed an appeal Desmond filed that challenged a State Personnel Board of Review decision that denied Desmond whistleblower status.

County Prosecutor Gains told reporters Desmond’s April 2017 firing resulted from a violation of office policy in which Desmond discussed a matter he no longer handled with people outside the office, including a lawyer who sued the county in federal court.

Desmond argues Gains dismissed him because he tried to expose misconduct in the prosecutor’s office.

The SPBR ruled that Desmond’s case did not merit “whistle-blower” protection, and an administrative law judge wrote his reports alleging misconduct were “not made in good faith.”

Judge Inderlied found that Desmond does not qualify as a whistleblower as defined by the Ohio Revised Code and determined that the SPBR decision was supported by evidence and in accordance with the law.

Gains offered no comment on the decision.

Atty. Subodh Chandra, who represents Desmond, said he respectfully disagrees with the decision and he will file an appeal.

“That decision has no bearing on the pending civil suit against Prosecutor Gains, which will move forward,” Chandra added.

A civil suit accuses Gains and chief assistant Prosecutor Linette Stratford of defamation, intimidation and retaliation in connection with Desmond’s firing. Judge Inderlied recently issued a ruling in that case that will allow Desmond’s attorneys to depose Gains and Stratford. Another petition asks for the release of five grand jury transcripts Desmond alleges will expose misconduct in Gains’ office.