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Not guilty plea to theft entered for law director

CAMPBELL — City Law Director Brian J. Macala, accused of removing his opponent’s campaign literature from a house during the race for Campbell Municipal Court judge, was to be arraigned Friday on theft and criminal mischief charges.

But his attorney, John Juhasz, entered written not guilty pleas Tuesday instead, meaning Macala did not have to appear in person for the hearing.

A court official said Friday a date for Macala’s next hearing has not yet been set.

Macala, a Democrat, lost the judge’s seat to Mark J. Kolmacic, who ran as an independent, in the Nov. 7 election. Incumbent Patrick P. Cunning couldn’t seek re-election this year because of the state’s age limit on judges.

Campbell police Chief Kevin Sferra filed the charges against Macala on Nov. 3 in the court where Macala works as prosecutor. The misdemeanor charges are punishable by up to several months in jail if convicted.

Annette Kelly of Hyatt Avenue provided video to Kolmacic of her front porch camera showing Macala removing a piece of campaign literature previously dropped off by his opponent on her mailbox.

The video shows Macala putting the paper in his suit jacket’s right pocket and leaving behind his own campaign materials. Another paper of similar size was already in that same pocket.

The incident is alleged to have occurred Sept. 24. Kolmacic filed a police report Oct. 19.

Cunning will recuse himself from the case and will seek a visiting judge, said Sferra and a court clerk. A special prosecutor also will be appointed, Sferra and the clerk said.

As of Friday, neither a visiting judge or special prosecutor has been appointed, a court official said.

For Macala, the longtime city law director, it’s his second controversial issue in recent months. He admitted he forged clients’ signatures on court documents in his private legal practice and is seeking a public reprimand for his actions from the Ohio Supreme Court. The Mahoning County Bar Association wants Macala to get a one-year stayed suspension.

A panel of the court’s Board of Professional Conduct had an Oct. 30 hearing with a recommendation to the full board expected Dec. 8. The final decision on discipline rests with the Supreme Court.

news@vindy.com

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