Apr 8, 2025 By Mike Jones 4 min read

Greene County’s solicitor is suing the former district attorney and his chief detective claiming they attempted to prosecute him two years ago as retribution against their political enemies.

Robert “Gene” Grimm filed the lawsuit Thursday in federal court in Pittsburgh alleging malicious prosecution by former prosecutor David Russo and investigator Zachary Sams, claiming they filed charges against him and former commissioner Mike Belding over how they conducted the “casting of the lots” ahead of the 2023 primary election.

In the lawsuit, Grimm claims that Russo and Sams filed charges against him as retaliation as part of an ongoing feud between the district attorney and the commissioners, sweeping up the solicitor into the situation in his role as the county’s attorney.

“Defendant Russo’s hatred and malice towards the Board of Commissioners was publicly displayed through his various news releases and media interviews containing false narratives,” the lawsuit states. “During his reign as District Attorney, Defendant Russo unlawfully and maliciously used his office and power as Greene County District Attorney to persecute anyone who criticized him.”

The situation hit a boiling point when Russo and Sams filed criminal charges against Belding and Grimm in April 2023, following the botched casting of the lots on March 15 and 23. In the lawsuit, Grimm denied having any pivotal role in how the situation was handled despite him being present at the casting of the lots and serving as the county elections board’s attorney.

“For over a year, Plaintiff Grimm lived in fear that he would be arrested by Defendants Russo and Sams at the direction of Defendant Russo,” the lawsuit states. “Plaintiff’s fears were finally realized when on April 4, 2023, Defendant Sams in concert and at the direction of Defendant Russo filed an unlawful criminal complaint and accompanying untrue affidavit of probable cause against Plaintiff Grimm.”

The lawsuit states specific complaints by Russo about being placed at the bottom of the primary ballot if he and others objected to how the process was being handled. But Grimm said it was former elections director Jason Mihal who made that decision, and he was never charged. Instead, the lawsuit states that Russo and other candidates who were upset with how the process was handled could have filed a lawsuit in Greene County Court of Common Pleas asking a judge to review the casting of the lots and possibly order another attempt at it.

“The failure of Russo and Sams filing of similar criminal charges against the Election Director when it was clearly his decision to place the refusing candidates at the bottom of the ballot evidence the fact that these criminal charges against Belding and Grimm were politically motivated in retaliation for Belding’s and Grimm’s exercise of their constitutionally protected First Amendment Rights,” the lawsuit states. “Because Russo was a candidate in the subject primary election, he had an actual conflict of interest in pursuing criminal charges against Grimm and Belding.”

Russo immediately forwarded the case to the state Attorney General’s office, which subsequently dropped all charges against Grimm and Belding. But Grimm’s lawsuit claims he lost a month of pay while unable to serve as county solicitor, and his reputation also was damaged by the allegations.

Belding filed a similar federal lawsuit against Russo and Sams in December 2023. That case is still being litigated in federal court.

The Attorney General’s office criminally charged Russo and Sams in October with official oppression and related conspiracy counts in connection with their attempted prosecution of county officials, and both cases are awaiting trial. Russo did not return a phone message seeking comment Monday, and Sams could not be reached for comment on the lawsuit.

The lawsuit alleges violations to Grimm’s First and 14th Amendment rights, and is demanding punitive monetary damages from Russo and Sams. Grimm had until last Friday to file his lawsuit due to the two-year statute of limitations. He is being represented by his daughter, state Rep. Charity Grimm Krupa, who is the attorney who filed the federal lawsuit on his behalf.