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COURT Jury selection set Monday for Goldberg's state trial



Published: Fri, February 4, 2005 @ 12:00 a.m.



YOUNGSTOWN -- Barring any last-minute delays, jury selection begins Monday in Mahoning County Common Pleas Court for the trial of former lawyer Richard D. Goldberg on state charges of theft and forgery.

Assistant Prosecutors Jay Macejko and Tim Franken will try the state's case. Defense lawyer Martin Yavorcik and two Columbus lawyers are representing Goldberg.

Visiting Judge Steven Yarbrough of Lucas County will hear testimony by special assignment of the Ohio Supreme Court. All common pleas court trial judges have excused themselves.

Goldberg, 59, of Liberty, also faces charges of engaging in a pattern of corrupt activity and two counts of taking the identification of another in addition to the theft and forgery charges.

1999 case

The case mirrors charges he pleaded guilty to in federal court in 1999. He was sentenced to 51 months in federal prison and was released in October 2003.

Once released, Goldberg was transferred to the county jail to serve 21 months imposed by Judge Timothy J. Maloney of county probate court. The judge concluded that Goldberg concealed $1.2 million that should have been paid to four clients.

In December, Goldberg's lawyers won his release from jail, based on a federal magistrate's recommendation to U.S. District Judge Peter C. Economus that he vacate Goldberg's county jail sentence imposed by Judge Maloney.

The lawyers said Goldberg should be released on bail until the judge decides whether to accept the recommendation.

Comment on term

Yavorcik has said the 21 months Judge Maloney imposed in May 2000 on misdemeanor contempt convictions should have been served concurrent with Goldberg's federal time.

Judge Economus has not yet ruled on the magistrate's recommendation.




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