Former Mahoning County Assistant Prosecutor Martin Desmond successfully appealed the rulings made in his lawsuit against sitting Mahoning County Prosecutor Paul Gains.

A panel of appeals court judges reversed three rulings made by visiting Judge H.F. Underlied, turning them in Desmond's favor in his civil case against Gains in the Mahoning County Common Pleas Court.

The appeals ruling came after almost five years of back and forth allegations, including the court determining that Desmond "approached FBI special agents and encouraged them to undertake an investigation of Gains," along with others in the prosecutor's office like former Mahoning County Assistant Prosecutor Dawn Cantalamessa.

Desmond was placed on administrative leave in March 2017 before Gains fired him two weeks later on April 5. Gains accused Desmond, who had worked for him for him since 2004, of knowing that defense attorney James Wise was going to file a civil rights lawsuit against the Mahoning County Prosecutor's Office and several of his colleagues, while failing to tell his supervisors about it.

But Desmond later sued on grounds of wrongful termination since he believed Gains fired him for acting as a whistleblower. Desmond reported misconduct within the prosecutor's office before Wise's suit against the county.

Wise filed because Desmond claimed former Mahoning County Assistant Prosecutor Dawn Cantalamessa wrongfully indicted a witness in a murder case for obstruction of justice and tampering with evidence. 

The witness, Kalilo Robinson, invoked his Fifth Amendment right to remain silent in order to protect possible self-incrimination during testimony in the murder trial. Desmond alleged that Cantalamessa pursued Robinson's indictment based on that action alone, later prompting Wise's.

Gains said Cantalamessa did nothing wrong in the case. A federal judge later dismissed the $1 million civil rights lawsuit filed against Mahoning County, Gains and Cantalamessa.

The panel of appeals judges overturned the following three summarized rulings made by Judge Underlied in March 2021:

1. Desmond should disclose communications he had with his attorneys concerning what he claimed was an FBI investigation against the Mahoning County Prosecutor's Office.

2. Desmond must turn over a list of landmark cases that he and his attorneys prepared together that supported allegations of misconduct by the prosecutor's office and "furnished to the FBI."

3. Desmond’s lawyers permitted for questioning in depositions and ordered to turn over documents related to reports of alleged misconduct in the prosecutor’s office.

The appeals court ruling said that based on transcripts, Desmond never refused to answer questions about a possible FBI investigation and his discussions with his attorneys about the subject. Desmond also disclosed the names of FBI agents that he recalled speaking with, as well as naming an assistant U.S. attorney who he claimed was assigned to investigate his allegations against the prosecutor's office during his deposition.

Desmond was asked if he knew of an existing FBI investigation against Gains and others in the Mahoning County Prosecutor's office, according to the appeals court. He said he did not know for certain whether or not there was, but believed that federal agents had at least made an "enquiry" into the allegations.

The ruling showed that Gain's attorney's showed Desmond a list of case rulings filed by Desmond's lawyers and asked him to disclose which ones he recognized. Desmond's lawyers objected, but he proceeded to name 12 of the cases he was familiar with. However, he said he could not recall all of the cases discussed. 

Desmond said he remembered having discussed 24 cases, but never provided a list of them to the FBI.

Appeals judges also overturned Underlies rulings based on attorney-client privilege, determining that it “is one of the oldest recognized privileges for confidential communications.”

This information led the appeals panel to make their conclusion to reverse Underlies rulings from last year.

If Gains does not appeal this new ruling, the case will return to Underlie for continued proceedings.

Underlie has ruled in the past that Desmond is permitted to sue Mahoning County for monetary damages.