Staff photos / Ed Runyan Martin Desmond, right, stands with attorney Subodh Chandra on Monday during a news conference to discuss the $550,000 settlement they reached with Mahoning County Prosecutor Paul Gains and Mahoning County’s insurance carrier. The settlement resolved litigation Desmond filed against Gains after Gains fired Desmond in 2017.

YOUNGSTOWN — Martin Desmond said Monday the $550,000 settlement he reached with Mahoning County Prosecutor Paul Gains and Mahoning County’s insurance carrier cleared his name and “exposed what was going on in the prosecutor’s office.”

Then he and his lawyer, Subodh Chandra, spent another hour during a news conference in a downtown law office discussing the way 4 1/2-years of litigation ended last month — and argued that Gains gave up the fight because he knew he had lost.

“Every step of the way, we pummeled them,” Desmond said. “We beat them day in and day out, legally and factually to the point where they knew they were beat and they settled.”

“I wanted to clear my name, which I’ve done, and I wanted to expose what was going on, and I’ve done that,” he said.

Later Monday, however, Gains listened to the points Desmond and Chandra made — and returned the blows.

THE MONEY

When Desmond was asked why he settled out of court instead of letting a jury or judge decide whether Gains fired Desmond to cover up wrongdoing in the prosecutor’s office, Desmond compared the settlement to a boxer throwing in the towel.

“Do you want to go the distance, go 12 rounds and let the judges decide who wins or do you want your opponent to throw in the towel and say, ‘No more. I quit?’ You want to beat your opponent so bad that they don’t come out to fight you any more,” Desmond said.

The settlement was reached the night before an appeal hearing before an administrative law judge with the State Personnel Board or Review was scheduled to resume in Columbus.

Desmond dismissed the remarks of a Gains attorney last week who said the settlement was a “business decision.” He said $550,000 “is misconduct money. That’s not a business decision.”

Desmond and Chandra said Gains feared questioning at the hearing from Desmond and Chandra regarding FBI documents that detailed the misdeeds of an assistant prosecutor that was investigated by the FBI. Gains later agreed that the assistant prosecutor committed misdeeds.

PROSECUTOR SPEAKS OUT

Gains met with reporters after the Desmond news conference and said he was not concerned about being cross-examined on the FBI documents.

He said the assistant prosecutor was disciplined for things he did in 2014 in relation to a female defendant in one of the county courts for whom the assistant prosecutor prepared a motion for early release.

In a Sept. 24, 2014, letter from Gains to an assistant U.S. attorney that was filed in the Desmond civil case in common pleas court, Gains stated: “I vehemently oppose the alleged conduct of (the assistant prosecutor.) In fact, it was my office that forwarded the initial information that gave rise to this investigation. And if true, such conduct is likely illegal and most certainly unethical. Consequently, I would like to address this matter with my employee and disciplinary counsel.”

An Aug. 5, 2016, memorandum from Gains to the assistant prosecutor advised him that portions of the federal investigation of the assistant prosecutor were recently provided to Gains’ office “to consider (Mahoning County criminal) charges. Having reviewed the evidence, I do not see sufficient evidence to warrant a (Mahoning County) criminal prosecution. I do, however, see evidence of violations of the policies of this office and the Ohio Rules of Professional Conduct and the polices of this office,” the memo states.

WAS IT A CRIME?

Gains stated in the memo that he had determined that the assistant prosecutor may have shown “a lack of complete candor with the federal agents. Consequently I have determined you will be disciplined by forfeiting four weeks of accumulated vacation and serving a four-week unpaid suspension in October 2016. Additionally this matter will be reported to the State Disciplinary Counsel.”

Desmond said Monday that he believes the acts of the assistant prosecutor were criminal because the documents describe criminal behavior. Gains should have asked for a special prosecutor to determine whether the assistant prosecutor’s actions were a crime.

When Gains was talking to reporters Monday, he said the assistant prosecutor in the memo is a part-time assistant prosecutor with a private practice.

He said Desmond brought the issue to Gains.

“I immediately told Mr. Desmond to take it to the FBI, and that’s how the FBI got involved, so his allegation that I refused to let him investigate, that’s true. Because he cannot be investigating a colleague. I don’t want to participate in investigating my employee. The FBI handles those types of things.”

But according to a letter from the U.S. Attorney’s office, that office declined to prosecute the assistant prosecutor.

erunyan@vindy.com