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Desmond asks judge to name prosecutor in case against Gains

Tuesday, April 24, 2018

YOUNGSTOWN

Mahoning County Prosecutor Paul Gains appointed a special assistant prosecutor to handle a petition to release five grand jury transcripts, but Gains’ ex-employee who filed the petition argues that doesn’t go far enough.

The attorneys of former assistant county Prosecutor Martin Desmond, who was fired by Gains in April 2017, filed a motion Monday in Mahoning County Common Pleas Court that asks visiting Judge H.F. Inderlied to appoint an independent prosecutor.

“Those suspected of misconduct should not pick the prosecutors responsible for reviewing the allegations ... against them,” the filing reads.

When he appointed Matthew E. Meyer, who heads the public-corruption unit for the Cuyahoga County Prosecutor’s office, as special prosecutor, Gains told The Vinidcator Meyer could “act on his own judgment.”

“While Gains has the authority to appoint assistants, he cannot appoint an independent prosecutor to investigate claims against his office and himself,” the filing argues.

Todd Raskin, who is the county’s insurance counsel, had previously been assigned to the case.

A second motion filed Monday asks Judge Inderlied to strike the motions Raskin filed while assigned to the case.

Read more about the case in Wednesday's Vindicator or on Vindy.com.