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Special prosecutors to dismiss indictment in Oakhill conspiracy case

Published: Wed, July 6, 2011 @ 5:03 p.m.

YOUNGSTOWN — Special prosecutors plan to ask visiting Judge William H. Wolff Jr. to dismiss the entire 73-count indictment in the Oakhill Renaissance Place criminal conspiracy case, according to three sources.

“The state intends to seek dismissal of all charges against all defendants,” the special prosecutors wrote in an email to defense lawyers.

Ralph Cascarilla, a Cleveland lawyer for the Cafaro Co., and Robert Duffrin, a Boardman lawyer for Atty. Martin Yavorcik, confirmed today that they received the email Tuesday and that the special prosecutors did not specify in the email any reason for requesting the dismissal.

Cascarilla said the prosecutors will formally make their dismissal motion in a 9 a.m. Monday pretrial hearing before Judge Wolff.

The Ohio rules of criminal procedure require a court hearing on such a motion, and approval by the judge is normally a formality and a virtual certainty, Cascarilla said.

Paul M. Nick, executive director of the Ohio Ethics Commission and one of the Oakhill special prosecutors, however, said a court hearing is “not necessarily” required and the judicial approval can’t be taken for granted.

For the complete story, read Thursday's Vindicator and Vindy.com

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