Subject:  Mistrial in wrongful-death case of shoplifter |
Author:
Chris
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Date Posted: 02/ 2/05 4:36pm
In reply to:
Chris
's message, "Fieger pulls himself off case in the middle of trial in Ohio" on 01/29/05 12:20pm
Mistrial in wrongful-death case of shoplifter
Tuesday, February 01, 2005
James F. McCarty
Plain Dealer Reporter
A judge declared a mistrial Monday in the wrongful-death case of a shoplifter killed by a department store security guard.
Judge Nancy Margaret Russo's decision to end the trial came after three weeks of testimony in Cuyahoga County Common Pleas Court, and a day after attorney Geoffrey Fieger resigned from the case under pressure from the judge.
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Russo placed blame for the mistrial squarely on Fieger's shoulders.
"It is he who has created this" situation, Russo said. "This case has gone on for longer than it should have. I'm frankly exhausted from refereeing it."
But attorneys for the family of Guy Wills III, who died at the Dillard's at Randall Park Mall in 2002, accused the judge of bias against Fieger and of failing to disclose her ties to a lawyer representing a former Dillard's employee.
Dillard's hired attorney Larry Zukerman to represent store manager Frank Monaco against possible criminal charges for obstruction of justice, according to court testimony.
Russo, however, never told the plaintiffs that Zukerman also represents her in a lawsuit pending in U.S. District Court in Cleveland. She was named as a neutral party in the suit, brought by attorney Mark Miller - a former election opponent of Russo - against Cleveland Patrolman James Simone.
Russo told Fieger's replacement, attorney Ven Johnson, that she researched the question and determined that no conflict would exist if she allowed Zukerman to appear in her courtroom or to testify if he was called as a witness.
Johnson and attorney Tom Mester disagreed, questioning how Russo could be fair to them when her personal lawyer is working for Dillard's and its former manager.
"She should have disclosed that relationship and recused herself as soon as the evidence of impartiality arose," Mester said afterward, outside the courtroom.
Dillard's attorney Jose Feliciano argued against a mistrial, saying Fieger shouldn't be rewarded for his misconduct in court. Feliciano declined to comment afterward.
Dorothy Campbell Wills of Cleveland Heights, the mother of the victim, said she welcomes the mistrial. Johnson didn't ask for the mistrial, but was pleased with the outcome.
"The good news is that Mrs. Wills will get a fair trial with another judge," Johnson said.
To reach this Plain Dealer reporter:
jmccarty@plaind.com, 216-999-4153
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