YOUNGSTOWN — A Mahoning County Common Pleas Court judge ruled that a 2014 tape recording by then-county Democratic Party Chairman David Betras can be used as evidence in ex-Youngstown Mayor Charles Sammarone’s corruption trial.

A hearing Friday to take testimony from Betras and FBI agent Thomas Donnelly about the recording was scheduled but not held. Instead, Judge Maureen Sweeney listened to the recording in her chambers and dismissed the two witnesses.

She ruled against John Shultz, Sammarone’s attorney, who wanted the recording — done without the knowledge of his client — not to be used as evidence.

Shultz contended the statements made by Sammarone in the recording “do not constitute any illegal action,” were “taken out of context,” ” are not related to the charges” in the indictment, and he “questions the authenticity of the recording.”

After listening to the recording, Sweeney filed a judgment entry that found Shultz’s “arguments to be meritless. The court finds the recording is not highly prejudicial and that there are no obvious dangers of its content. The court further finds that the jury can make its own interpretation of the content of the recording and use the recording for whatever probative value it deems appropriate.”

Betras recorded a conversation in 2014 with Sammarone and the latter’s son, Christopher, who was running in the Democratic

primary for county probate court judge. The meeting was to talk about the judicial race after the younger Sammarone lost the county Democratic Party’s endorsement to Susan Maruca, a former Betras law partner. The meeting was requested by the older Sammarone.

SECRET TAPING

Betras secretly recorded the conversation in which he urged the younger Sammarone to get out of the race. According to the indictment of the older Sammarone, he is heard on the recording “repeatedly stating that he is ‘old school’ and that ‘one hand washes the other,’ or ‘I am with the old school, one hand washes the other,’ and that ‘anything is legal if no one else knows about it. I have been around a long time.'”

The younger Sammarone lost by 200 votes in the May 2014 primary to Maruca, who was defeated in the general election by Robert N. Rusu, an independent appointed to the vacant judicial seat in June 2014.

Though portions of the recording are included in the indictment, the older Sammarone isn’t charged with any crimes related to it.

However, Dan Kasaris, a senior assistant attorney general and head prosecutor on this case, said Friday, “We think the recording has something to do with the trial.”

Betras was to testify about the tape while Donnelly was to confirm Betras provided a copy to the FBI.

14 COUNTS

Sammarone was indicted Aug. 30, 2018, on 14 counts: one count of engaging in a pattern of corrupt activity, nine counts of bribery, three counts of tampering with records and one count of falsification. All are felonies except the falsification charge, which is a misdemeanor.

Sammarone, Youngstown mayor from August 2011 to December 2013, has pleaded not guilty to the charges, and his trial is set to start March 16.

He’s accused of accepting $10,000 in bribes from Raymond Briya, a former MS Consultants Inc. chief financial officer, from October 2012 to July 2013 to steer city contracts to the company without the knowledge of other MS officials.

Sammarone also is accused of failing to disclose the payments along with rental income derived from owning a condo in Florida and is accused of making false statements about the money to state investigative officials.

Also indicted with Sammarone were former city Finance Director David Bozanich, downtown developer Dominic Marchionda and 10 companies affiliated with the latter. Sweeney ruled in July 2019 in favor of Shultz’s request to have a separate trial for his client.

“Three weeks from Monday we’re set for a trial,” Shultz said Friday.

He said the trial should last five to seven days.

Shultz also filed a motion to dismiss the charge of engaging in a pattern of corrupt activity. Sweeney is still reviewing the request.

ENTERPRISE?

Sammarone “was not involved in this alleged criminal enterprise by virtue of the fact that his case was severed,” Shultz said.

He added that there wasn’t a criminal enterprise.

Attorneys for Bozanich, Marchionda and his companies are seeking to have the case thrown out — or at least some of the charges — against their clients for violations of attorney-client privilege, exceeding the statute of limitations and for duplicity, meaning some of the accusations are listed in more than one count.

Five days of testimony over those filings took place recently. Sweeney hasn’t ruled on the requests.

In a Thursday ruling, she wrote defense attorneys are concerned “that the jury would possibly get confused as to which defendant, if any, committed a crime and would convict the defendant of a crime even if not unanimously convicted. The state argues that the offenses were part of a course of conduct and joinder is permitted.”

Sweeney added that “this is a complex case and that it may be difficult for a jury to follow the intricacies of the many counts in the indictment. The court is further aware of the fact that the jury could confuse which defendant allegedly committed which act or acts.”

She ordered each side to “submit special proposed jury instructions,” and that she would review them “and determine what will be presented to the jury.”

Bozanich is accused of assisting people, including Marchionda through an associate, who sought public funding for economic-development projects in exchange for money, golf fees, meals and trips exceeding $125,000.

Marchionda is accused of misspending at least $600,000 in city funds on personal items in addition to misusing money obtained from the city, state and federal governments for three of his development projects.

They, along with Marchionda’s companies, have pleaded not guilty.

That trial is scheduled to start June 1.

dskolnick<\@>tribtoday.com