BY DAN HORN
The Cincinnati Enquirer
Salt Lake City attorney George Ventura's search for a judge finally ended Monday, even though lawyers on both sides of his case wanted to keep looking for someone else.
Judge Ann Marie Tracey of Hamilton County Common Pleas Court refused to withdraw from the case despite pleas from prosecutors and defense attorneys who fear she might have a conflict of interest.
Mr. Ventura, a former legal counsel for Chiquita Brands International Inc., is accused of stealing voice-mail messages from the company. In the past three weeks, three judges have withdrawn from the case because they had received campaign contributions from Chiquita Chairman Carl Lindner or his relatives.
Although Judge Tracey had not received donations from the family, she did get a contribution eight years ago from a Chiquita lawyer. She also worked years ago with one of the assistant special prosecutors on the case, Bernard Gilday Jr., and she once was represented in a legal matter by another assistant, H. Fred Hoefle.
Because of those contacts, attorneys on both sides asked her to step aside to avoid the appearance of impropriety.
But in a brief statement, the judge said she is confident she can fairly hear the case.
"None of the scenarios in which it would be appropriate for a judge to excuse him or herself from a case exists here," Judge Tracey said, citing several other cases. "The Supreme Court disfavors judges removing themselves from a case when no valid basis for doing so exists."
Following her ruling, Mr. Hoefle stood and asked: "Your honor, may I be heard?"
"No," the judge responded. "Sit down."
The judge's decision came a week after special prosecutor Perry Ancona sent the judge a letter asking her to withdraw. Mr. Ventura's attorney, Marc Mezibov, joined in the request.
"This puts Mr. Ventura in an uncomfortable situation," he said after the court hearing. "Our reservations were in large part based on the reservations the special prosecutor expressed. If they're uncomfortable with it, we're uncomfortable."
Although attorneys on either side could appeal to the Ohio Supreme Court to remove the judge, Mr. Mezibov said his client would "have to live with" the decision. Mr. Ancona would not discuss the case. The investigations began four months ago when a former Cincinnati Enquirer reporter, Michael Gallagher, was accused of using stolen voice-mail messages in articles about Chiquita.
Mr. Gallagher has pleaded guilty to two felony charges and is cooperating with prosecutors. The newspaper fired Mr. Gallagher, renounced the stories and agreed to pay Chiquita more than $10 million.
