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If the case is a sham, why not let the public see and decide?



Published: Wed, October 5, 2011 @ 12:00 a.m.

Visiting Judge William H. Wolff Jr. spent the better part of a day in a Mahoning County Common Pleas courtroom listening to arguments on why all records should be sealed in the Oakhill Renaissance Place criminal conspiracy case.

Among the lawyers arguing for a seal were Martin G. Weinberg of Boston and George A. Stamboulidis of New York City, just two of Anthony M. Cafaro Sr.’s lawyers.

Among those testifying as to the high regard in which they hold Cafaro were former Judge Donald Ford of Trumbull County, Cuyahoga County Commissioner Tim Hagan, a Democrat, and Columbiana County Republican Party Chairman Dave Johnson.

Looking at this line-up brought a few thoughts to mind.

It should be noted that much of what the public should have seen in this case a long time ago has been kept from the public by virtue of a ruling by Judge Wolff that we would consider overly solicitous of Cafaro and some of his codefendants in this case. Immediately after documents known as bills of particulars were released regarding the charges against two of the Oakhill defendants, Cafaro’s lawyers filed to seal those documents from public view on the grounds that their release might preclude his getting a fair trial.

Lawyers for The Vindicator and 21 WFMJ-TV pointed out that if it became impossible to seat an impartial jury in Mahoning County because of pretrial publicity, the proper response would be to grant the defendants a change of venue. Nonetheless, Wolff sealed the bills of particulars and attempted a far more wide-ranging blackout of court documents. Even as he lifted part of his blackout, he coyly suggested that lawyers could avoid bickering over what was public and what wasn’t if only they would share paperwork between themselves without going through that bothersome middleman, the clerk of courts.

So, the bills of particulars remained under wraps as the case worked its way toward a trial date — while similar documents in cases involving less celebrated and less well represented clients were routinely made part of the record.

There was hope

The public could only take comfort in knowing that this information — assembled by investigators and prosecuting attorneys on the taxpayers’ dime in a case that involved the expenditure of public funds for office space and that called into question the relationship between Cafaro and three elected officials and one bureaucrat — would some day become public. Unfortunately, as trial preparation moved forward, the focus shifted to tape recordings made in a possibly parallel investigation. The defense sought access to those tapes, and when the FBI refused to release them, state prosecutors asked Wolff to dismiss the local case without prejudice, leaving open the possibility of refiling the charges at a later date.

Monday, Cafaro’s lawyers and those for one other defendant argued for the sealing of all records — those previously sealed or unsealed — and that this case be treated as if it never happened.

Aside from the fact that whatever is out there now exists on the Internet, and there is no putting that genie back in the bottle, we still wonder why anything in this case should remain under seal.

Let public in on the secret

We mentioned that Weinberg of Boston and Stamboulidis of New York were at the table for Cafaro. Just a few months ago, Weinberg declared that Cafaro “was not only presumed innocent; he was actually innocent.” And Stamboulidis characterized the state case as “pathetic.” Let the public see how pathetic the case was. Let the public decide whether prosecutors wasted their time and the public’s money on a witch hunt involving a prominent businessman, the companies he controlled and the servants the public elected to work on their behalf.

Is the public incapable of drawing its own conclusions? Cafaro’s lawyers were happy to put Ford, Hagan and Johnson on the stand to testify to Cafaro’s high character. None of the publicity involving the case so far has tainted their view. Are their powers of observation more finely attuned than the average newspaper reader or television viewer who, to hear the Cafaro lawyers tell it, have already been led astray?

There are other strong legal and practical arguments that were made by lawyers for the state and for the press, and we can only hope that those arguments prevail in front of a judge who has so far not shown himself to have a lot of faith in the discernment of the public.

But for us, the question remains: If there is no substance to the state’s case, why wouldn’t Cafaro, Weinberg, Stamboulidis et al be more eager to open the door and let the ensuing breeze topple the prosecution’s house of cards?


Comments

1GPackwood(35 comments)posted 2 years, 10 months ago

There is always wisdom in allowing sleeping dogs lie - especially if they are Rottweilers.

Few people have asked the question of how funds were obtained to build and then expand Southside Hospital all those years ago.

And more importantly what promises were made by whom in order to obtain the federal funds?

Did those promises follow the sale of the property?

Who would want to know that?
::
GP

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2Stan(9923 comments)posted 2 years, 10 months ago

Who are we to judge the Cafaros and their circle of friends ? Has anyone seen the former, bribed by the Cafaros, Judge Maureen Cronin lately ? Can her files be sealed ?

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3johnyoung(241 comments)posted 2 years, 10 months ago

It is amazing how the Vindicator continually places itself in the role of judge and jury, while abusing its first amendment rights and attempting to convict through popular opinion. If the original charges against these individuals were meritorious, the simple fact is that the state's case would be going forward. Since it is not, and the charges were dismissed at the request of the state, there is no further public purpose for any of the court documents to become or remain public.

The most objectionable aspect of the Vindicator's misdirected "crusade for justice" lies within its motives, which are not to serve the public, but to serve itself through manufacturing controversy with the sole intent of increasing its own bottom line.

The Vindicator's crusade is not about the public's right to know, it's about a desperate attempt to increase readership and advertising revenue to save a fledgling media enterprise. Some hard self-examination is in order down on Vindicator Square, along with a public wake-up call.

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4Stan(9923 comments)posted 2 years, 10 months ago

johnyoung :

Was the former, bribed by the Cafaros, Judge Maureen Cronin kicked under the bus or does she have a place in the Cafaro Empire when she is released from prison ?

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5johnyoung(241 comments)posted 2 years, 10 months ago

Stan:

Like most other participants in this blog, you simply fail to focus on the central issue of concern. While the Cafaro's may very well have other legal issues yet to be dealt with, those issues have nothing to do with whether the discovery and motions should or should not be sealed in the Oakhill case. The state dropped the charges, period. If the state or federal government chooses to file new charges in the future, that will be a separate issue.

My main point was that the Vindicator, in attempting to keep this issue alive, is not concerned with you or I or the people in general, but in their own bottom line.

Now, please explain to me how you feel Maureen Cronin is part of the issues I discussed.

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6ytown1(392 comments)posted 2 years, 10 months ago

@johnyoung

I will answer for Stan if doesn't mind, Judge Cronin was found to have received money in an illegal fashion from the Cafaro organization and went to jail for it. Which I feel someone from the Cafaro family should have gone to jail with her, along with JJ for his inability to play by the rules himself.

More than once this family has been involved with back door dealing when it comes to politicians to protect their interests, so that is how Judge Cronin is relevant to all of this.

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7johnyoung(241 comments)posted 2 years, 10 months ago

ytown1:

Thank you. You proved my previous point in regard to lack of relevance. Judge Cronin's bribery issues are of no significance in determining whether to seal the records in the Oakhill case. Totally separate matter. The community should be thankful you're not a jurist, or are you?

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8ytown1(392 comments)posted 2 years, 10 months ago

John John John you ignorant little twit, This all has to do with character and moral fiber, which the Cafaro's have neither.

Guilty once, Guilty twice, I have to say Guilty again, they do not feel the rules the rest of society lives by daily, does not apply to them.

Judge Cronin, County Commissioner JAMES TSAGARIS, how plainly can I put this, Relevant.

Unseal the records and let all make our conclusion.

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9johnyoung(241 comments)posted 2 years, 10 months ago

ytown1:

Please get yourself some education including a debate class so that you do not sound so asinine! Possibly some law classes would also help. You are typical of many Mahoning valley idiots who can't see the forest for the trees. Say, they could name the area's next minor league sports team after you: the "Mahoning Valley Idiots". What do you think? Oops, you're thinking...I feel another earthquake...hold on...

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10Stan(9923 comments)posted 2 years, 10 months ago

johnyoung :

The past history of any defendant is very relevant on future actions . The Cafaros bribe James Traficant with very little penalty . They then went on to bribe former Judge Maureen Cronin with very little penalty . The Oakhill case showed more money changing hands . No penalty here . So with this past history what would you logically assume ?

http://1.bp.blogspot.com/_Iau3R3yMIr4...

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