By Peter Milliken
By PETER H. MILLIKEN
YOUNGSTOWN
Five special prosecutors will face off against 14 defense lawyers in the criminal trial of those indicted on corruption charges related to Mahoning County’s purchase of Oakhill Renaissance Place.
The prosecutors will be Paul M. Nick, chief investigative counsel for the Ohio Ethics Commission; Lorain County Prosecutor Dennis P. Will and three of Will’s assistant prosecutors.
The defense lawyers include prominent Youngstown attorneys and lawyers from Cleveland, Pittsburgh and New York City.
Anthony M. Cafaro Sr., retired president of the Cafaro Co., has three lawyers; his sister, Flora Cafaro, part owner of the Cafaro Co., has one lawyer; and the Cafaro Co. and its affiliates have four lawyers.
The Cafaros and their corporate entities are named in a 73-count indictment issued July 28, along with County Commissioner John A. McNally IV, County Auditor Michael V. Sciortino, former County Treasurer John B. Reardon, former county Job and Family Services Director John Zachariah and Atty. Martin Yavorcik.
The indictment alleges that eight of the 10 defendants conspired criminally to prevent or delay JFS’ move from Cafaro-owned rented quarters to Oak-hill, which the county bought in 2006. Oakhill is the former Forum Health Southside Medical Center. JFS moved to Oakhill in 2007.
Charges in the indictment are engaging in a pattern of corrupt activity, conspiracy, bribery, perjury, money laundering, tampering with records, disclosure of confidential information, conflict of interest, filing a false financial-disclosure statement and soliciting or accepting improper compensation.
Yavorcik, who ran unsuccessfully for county prosecutor against incumbent Paul J. Gains in 2008, and Flora Cafaro, who contributed money to Yavorcik’s campaign, are charged with only one count each of money laundering.
The names of the defense lawyers were contained in a motion by lawyers for the Cafaros and their companies that prosecutors provide a bill of particulars identifying any unindicted co-conspirators and identifying dates, times, places and other details of the alleged crimes.
The motion asks for the names of witnesses that the prosecution will use in support of the three perjury counts against Anthony Cafaro. Ohio law says a defendant can’t be convicted of perjury unless testimony from two witnesses supports the charge.
The memorandum defense lawyers filed in support of the motion said the indictment contains insufficient information to enable the accused to prepare their defense.
The memorandum says prosecutors told the defendants they could expect to receive more than 50,000 documents from the prosecutors in the pretrial evidence exchange, known as discovery, but prosecutors didn’t say “when or in what form the documents would be produced.”
Nick said the bill of particulars likely would be filed a few days after the initial pretrial hearing Sept. 9, if that’s the time frame ordered by Visiting Judge William H. Wolff Jr. of Kettering.
Judge Wolff will conduct the initial pretrial hearing in Mahoning County Common Pleas Court.
Comments
Will Robert Duvall playing Tom Hagen be a Cafaro lawyer?
Will Dave Betras be organizing the Cafaro defense ?
PUTTING A SPIN ON IT ALL
http://pecchiacomm.com/blog/2010/03/0...
{The memorandum says prosecutors told the defendants they could expect to receive more than 50,000 documents from the prosecutors in the pretrial evidence exchange, known as discovery, but prosecutors didn’t say “when or in what form the documents would be produced.” }
50,000 documents!!!!!!!!! This trial is not going to happen for a loooong time, and when it does, it is going to take a looooong time. Of course, this judge has a history of throwing out some charges when related to public corruption indictment, so maybe the defendants won't be defending themselves against all the charges anyway.
I'm sure the defenses will be dropping some bombshells along the way too.
I bet all involved, the Cafaros, the other defendants, the non-charged commissioners will at the end of all this wish they had all walked away at the very beginning and just did something completely different.
Prosecuters are driven by ego not by justice. Therefore, they will no doubt run for office and write books (cash in) if they send the Cafaro family members to prison.
@ Stan
That's no spin he was documented as involved already,..
However, for what they stand to loose if exposing such another overt display. I'd highly doubt Betras will be caught on the courts docket in any formal capacity as counsel for any of the indicted.
If he does that the ownership of whats known as the local faction of the democrat party. Will be damned all to hell no matter how the trials turn out.
See this case isn't being tried in the public in anyway of baseless assumption.
There's more than enough factual history, connection, circumstance, instance and motive to see what happened and who all is connected as criminally improper.
Thus if Betras surfaces in anyway involved with this it'll speak volumes as to his accord and interest and it'd be far from merely political.
For which many are waiting to see if they'd dare go that far again. Which if they do the onlooking public whom make up the electorate will draw a confirmed conclusion.
Which would be a display that I'd believe would spell disaster and mass abandonment of their candidates come November and hence forth until Betras is replaced.
On that note I'm not so sure a sizable number of voters aren't already rethinking support of those candidates.
@ FifthAve
Not all of them,..
Prosecutors are far more generally targeted to be criminally owned than any influence of their egos.
See just like judges they too hold pivotal position in the orchestration of order or disorder in the courts.
They're geared to navigating far beyond any book deals and you wouldn't believe the amounts of dirty money, favors and criminally connected networks alliance that they either vie for, play to or reject.
See just like a judge if you watch how the prosecutor postures on cases. You can unquestionably tell if you've exposed to a criminal shill or the real deal.
I will be interested to see what happens in these cases--in my opinion the possible origin of this whole thing is a matter of vengeance by King George Tablack. Remember, the county had to pay the Cafaros close to one million dollars because they did nothing to maintain the DHS quarters on Garland Avenue. Also, it is my understanding that the employees at DHS were threatened in an E-mail with criminal prosecution by King George if they dared to express any opposition to the Oak Hill matter.It will be interesting to see how justifiable opposition to the purchase of Oak Hill has become criminalized.
Cassie, you are wrong, plain and simple. This case has nothing to do with Tablack except that he was the commissioners lead person on the purchase of Oakhill. Remember, these charges have NOTHING to do with whether Oakhill was a good purchase or not. It has to do with elected leaders conspiring with others with a vested interest in the deal not going through, and the troubles and costs they put the county through over a 2 year period.
I think you are right, it's horrible that the county had to pay the Cafaros that money, and unfortunate that part of it was actually truly do the developers. However, the main cause of the problems at Garland was a roof that the Cafaro company had the gall to say was not part of the building that they were responsible for. There was plastic sheets draped from the ceiling over the computer mainframes at JFS for criminy sakes!
I personally think Oakhill will be a good deal in the end, but again, that is not what these charges are about. The office holders should resign immediately and they all should see jail time with the possible exception of Flora, though she is still involved.