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« Opinion
Dismissal of murder charges in Mahoning County is toxic
We’ve heard the song before: The prosecutor’s office will be hosting a county-wide seminar on investigative techniques to address “the quality of investigations and the need for better attention to detail in all our cases.”
But the singer this time is Robert E. Bush Jr., chief of the criminal division. In the past, Prosecutor Paul Gains has delivered various versions of the song when his office has faced the same dilemma that confronts it today: Dismissal of murder charges.
Indeed, Gains first started singing in the 1996 election. At the time, he was a criminal defense lawyer, but more significantly, was a former Youngstown city police officer. Likewise, Bush is a former city police officer, having served as chief, and was a criminal defense attorney.
In subsequent elections, Gains responded to criticism about the cases that fizzled with a call for seminars to teach law enforcement types about the finer points of investigating crimes, especially homicides.
What’s gone wrong?
That’s why the collapse of several murder cases since the beginning of the year caught our attention. We wonder whether the seminars hosted by the prosecutor’s office just aren’t effective, whether those conducting them aren’t very good teachers, or whether police officers and sheriff’s deputies just aren’t willing to learn.
But beyond what Prosecutor Gains and Assistant Prosecutor Bush view as inadequate investigations, there is the question of the prosecutor’s office going forward with murder cases that appear to be based on tissue-thin evidence.
Here’s an example: On March 10, Visiting Judge Thomas P. Curran of Mahoning County Common Pleas Court dismissed an aggravated murder case and ordered defendant Melvin E. Johnson Jr. released from prison after a key prosecution witness denied seeing the fatal shooting and denied identifying Johnson in a police lineup.
Johnson was charged in the shooting death in November 2007 of Marvin L. Hodges on Jackson Street in Campbell.
Sole witness
Judge Curran pointed out in his dismissal of the case that the sole witness presented by the prosecution denied that his signature appears alongside the picture of Johnson in a photo lineup.
“The voluntary statement that he gave [police] appears to be in two different handwriting,” the judge said. “One is in cursive, and the other is essentially in black printing. He denies that the black printing is his signature.”
To citizens trapped in high-crime areas who are inclined to toward a “toss them in prison and throw away the key” system of justice, the judge’s observation of the prosecution’s case does raise eyebrows.
Indeed, the admission by the assistant prosecutor that the “investigation in total was bare,” raises this question: Why pursue the case?
The other murder cases that were dismissed since the beginning of the year reveal other problems.
We understand the desire of the prosecutor’s office to show that it is tough on crime, but when Vindicator stories reveal systemic problems, then Gains must know that the reputation of his office is suffering.
Perhaps being a ex police officer makes Gains reluctant to publicly criticize cases presented to his office by law enforcement agencies that are deficient. But it may be time for some tough talk.
And, if police investigators believe that the prosecutor’s office is inept, they have a responsibility to the taxpayers to make that known.
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Comments
Without an ax to grind agains PG you would have one short comment about that case-"What is a prosecutor supposed to do when a witness changes their story!"
True story... I was at work, and a friend of mine calls me. His son had gotten a DUI bust. Out of the blue, a rep. for Philomena had called up the Dad at home, and told him flat out that for $500.00, the DUI becomes a reckless op.
The Dad asked me what to do? I said go for it. See, the Dad and Son were from Leetonia, and did not know how things work (worked? nah... WORK) in Mahoning County. (Before I get flamed for "How did he get on Philomena's docket", the kid got a DUI leaving Boardman).
So, I will take PG's alleged "bad" behavior (we all know what that is, or was, depending on where you used to drink and how often and when in the afternoon you would see "certain" people) over the old timers version of law enforcement and prosecution any day.
Although, and this has always been in the back of my mind... Why is it that we have all of these prior cops, and ex-prosecutors, and other members of the court system, who all came up when Youngstown was the butt of National jokes, who were around when people were getting hauled off to jail, who were actual BUSINESS PARTNERS of people who as recently as last year got kicked out of office... Why is it that these folks never saw or suspected a thing? I say "suspected" because, now, I may be wrong here, please correct me if I am, if you are a member of the Bar, or are in law enforcement in any way, or on the Judiciary, aren't you required by one of those meaningless oaths that you took to actually report this type of behavior, or suspicion of behavior?
You know, that "Legal Ethics" course you slept through?
Hey, remember that guy who was the Mahoning County Republican Chief who, back in the 90's, was shot in his leg, by a "confederate" of a made man? And this paragon of virute, saw "nothing, I zee nothing...!" Later on it comes out the shooter was working for the guy who put the hit on PG. Small world, isn't it?
There is a saying among the Police. Don't get too involved, don't care too much. Too dangerous...
Oh, by the way, witness probably changed his story for good reason. Little late night visit showed him exactly how "protected" he was from reprisal. Like I said, Small World, isn't it?
Sorry, back in the 80's. Tempus fugit.
Many of these cases amount to what old time cops used to call "misdemeanor murder". Two gang members engaged in committing felony crimes shoot each other and one dies = "misdemeanor murder". My heart goes out to suffering family members, but gun slingers, drug slingers, gang bangers, hit men, muscle guys and other predators must accept death as an occupational hazard. Regular murder (the usual felony) occurs when one of the miscreants kills one of us (regular citizens, innocent bystanders, sleeping children, victims, etc.). Those should end in the death penalty.
Unfortunately, witnesses are often intimidated and change their story or don't come forward at all. If you are living in a neighborhood where there is a lot of crime, cooperating with the police is not healthy. People watch too much CSI - real cases often are not that easy to prosecute. It seems the biggest reduction in violent crime came when shooters were denied bail and kept away from the rest of us. When judges grant low bail and violent thugs are let out, many commit new crimes of violence while awaiting trial on the original case. Meanwhile, the innocent (and very dead) victims get no due process or constitutional safeguards. They become collateral damage that is entirely preventable by keeping offenders locked up. Only the taxpayers can decide if the expense of incarceration is worth a reduction in criminal activity by repeat offenders or others who choose a criminal lifestyle.
We have plenty of predators in the valley who place no value on life. Letting them roam the streets after commiting murder only condones their actions.
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