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LISBON - The four complicity charges against John Gamble were dismissed on Monday in a written opinion by visiting Judge David E. Stucki in County Municipal Court.
Stucki wrote that he agreed with the contentions of Gamble's defense attorneys John Juhasz and Ronald Yarwood that Gamble and the uncharged police officers in the photo "enjoy a constitutionally protected right to freedom of speech and of free association." Additionally, Stucki wrote in order for the State of Ohio to restrict or infringe on these individual freedoms, they must show a compelling state interest to do so and he believes the state's interest does not rise to that level in this instance.
Additionally, Stucki pointed out Gamble was not an employee in classified service and that it appeared Gamble did not assist, encourage, cooperate with, advise or incite the police officers, who were classified employees, to have committed a crime or to share in criminal intent.
While Gamble had been charged with the four misdemeanor counts of complicity to violate Ohio's Little Hatch Act, the two classified police officers appearing in the photo had not been charged in connection to the case.
The charges had been filed by the Ohio Attorney General's Office in August after Columbiana County Republicans had questioned photos appearing on Gamble's campaign Facebook page had a number of law enforcement officers and a caption "Pictured here -- over 500 years of law enforcement experience standing with John Gamble. They have his back in this election because he's had their backs for the last 30 years.
Gamble, who at the time served as chief assistant county prosecutor and was running as the Democrat candidate for prosecutor, was defeated in the November election by now County Prosecutor Vito Abruzzino.
The decision came following a hearing on Friday on two motions, including the motion to dismiss, argued by the two defense attorneys and Assistant Ohio Attorney General Prosecutor Daniel Kasaris. A jury trial scheduled for Wednesday in the matter has now been canceled with the dismissal of the charges.
djohnson@mojonews.com