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Desmond seeks to disqualify Gains’ attorney
By Justin Wier
YOUNGSTOWN
Ex-Mahoning County assistant prosecutor Martin Desmond’s attorneys believe the lawyer representing the county in Desmond’s defamation lawsuit has a conflict of interest.
In a 32-page brief filed Monday in Mahoning County Common Pleas court, they argue Todd Raskin, the county’s insurance counsel, cannot represent Prosecutor Paul Gains, chief assistant Prosecutor Linette Stratford and the county because Raskin could be a witness in the case.
Desmond filed a civil lawsuit in March that accuses Gains and Stratford of defamation, intimidation and falsification for public statements and actions related to Desmond’s firing.
In April 2017, Gains told reporters Desmond violated office policy and discussed a matter he no longer handled with people outside the office, including a lawyer who sued the county in federal court.
Desmond’s lawsuit disputes those claims and argues he was fired in retaliation for exposing misconduct.
Raskin appeared at a disciplinary meeting at which Gains discussed allegations against Desmond.
“Raskin is the only defense-side witness not also a defendant [and the other two may invoke their Fifth Amendment privilege],” the brief states.
It states that Gains admitted in the hearing that he could not prove Desmond used the county’s Westlaw account to research legal matters for an attorney who intended to sue the county.
The brief also argues that the interests of Gains and Stratford may be different than the interests of Mahoning County, so Raskin could not represent all three.
Further, Desmond’s attorneys say they plan to call several county officials to testify at trial including at least four judges and multiple assistant prosecutor.
“[Raskin] cannot fully cross-examine them if he is also representing them,” the brief states, referring to Raskin’s status as the county’s insurance counsel.
“Raskin has warned at least one judge that Desmond is an adverse party, causing that judge to change his mind about providing an affidavit to Desmond,” it adds.
The brief asks visiting Judge H.F. Inderlied Jr., who presides over several cases involving Desmond, to grant an evidentiary hearing to argue Desmond’s case.
It would be the second such hearing before Judge Inderlied.
In an earlier hearing Desmond’s attorneys sought to disqualify a special prosecutor appointed by Gains to oversee a petition to release grand jury transcripts. Judge Inderlied appointed the same prosecutor on his own accord.