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Judge to determine future of special prosecutor appointed by Gains

Wednesday, May 30, 2018

YOUNGSTOWN — Visiting Judge H.F. Inderlied Jr. will consider whether to disqualify a special prosecutor appointed by Mahoning County Prosecutor Paul Gains to preside over a petition to unseal grand jury transcripts.

Attorneys for ex-Assistant Prosecutor Martin Desmond, who has a growing number of lawsuits targeting Gains and his office including the petition, argued that Cuyahoga County Assistant Prosecutor Matthew Meyer has a conflict of interest because Gains appointed him.

Desmond alleges that the transcripts will reveal misconduct by Gains’ office.

Meyer spoke on his own behalf and said that just because Desmond has made allegations against Gains doesn’t mean a conflict exists. This standard would allow plaintiffs to prosecutor-shop by making allegations against prosecutors they didn’t favor, Meyer argued.

Inderlied will issue a judgment in the near future.