BY DAN HORN
The Cincinnati Enquirer
George Ventura may soon be looking for yet another judge.
The former legal counsel for Chiquita Brands International Inc. is charged with stealing voice-mail messages from the company. His case, however, has remained in limbo for two weeks while prosecutors and defense attorneys tried to find a Hamilton County judge who could handle the case.
The first judge, Ralph Winkler, withdrew after revealing that he had received campaign contributions from Chiquita Chairman Carl Lindner and his relatives.
Two other judges, Thomas Nurre and Melba Marsh, were subsequently assigned the case but withdrew for the same reason.
Judge Ann Marie Tracey was randomly assigned the case last week and, it appeared, would be able to keep it. On Wednesday, though, special prosecutor Perry Ancona sent the judge a letter asking her to step aside.
Mr. Ancona's letter noted that she had received contributions from one of Mr. Lindner's attorneys several years ago. He said she also had previously worked with one of Mr. Ancona's assistants. Mr. Ventura's attorney said he expects to support Mr. Ancona's request. "We would probably join in the request (to withdraw)," said Marc Mezibov, Mr. Ventura's lawyer.
Although the judge was out of town and could not be reached, it could be difficult for her to remain on the case if both sides want her to step aside.
Judge Tracey is scheduled to meet with attorneys Monday.
Mr. Ventura was charged by the grand jury that is investigating articles published in The Cincinnati Enquirer -->about Chiquita's business practices.
The lead reporter of the articles, Michael Gallagher, has pleaded guilty to stealing voice-mail messages that were quoted in the articles. He is now cooperating with prosecutors.
