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Attorney: Sammarone to take plea on Monday

YOUNGSTOWN — Facing 14 counts in a corruption case for accepting bribes from a city vendor, former Youngstown Mayor Charles Sammarone is expected to avoid a trial and accept a plea deal.

“It’s been a long arduous road and he wants to conclude this matter,” John Shultz, Sammarone’s attorney, said Friday. “We have a resolution. We’re going to plead Monday morning.”

When asked why Sammarone — mayor from August 2011 to December 2013 — was going to plead guilty, Shultz said: “We felt best to pleading to charges we’re comfortable with.”

He added: “Based on the factual allegations and the penalties, we felt most comfortable resolving this matter.”

Asked if Sammarone will admit wrongdoing, Shultz said: “We will address that Monday.”

Shultz said he and Dan Kasaris, senior assistant attorney general and lead prosecutor on the case, agreed not to discuss details of the plea before Sammarone appears Monday in front of Mahoning County Common Pleas Judge Maureen Sweeney.

Kasaris declined to comment.

After a Wednesday hearing, Shultz said Sammarone was open to taking a plea agreement — one had been discussed for three days — and had until Friday to make a decision or go to trial Monday.

Sammarone, 77, is scheduled for a plea at 9 a.m. Monday.

THE CHARGES

Sammarone is facing nine counts of bribery, three counts of tampering with records and one count of engaging in a pattern of corrupt activity — all felonies — and a misdemeanor count of falsification.

It is almost certain that the plea agreement includes dropping the engaging in a pattern of corrupt activity charge as it’s the most serious offense — a first-degree felony. Sammarone will likely have to plead guilty to at least some of the bribery counts.

The corrupt activity charge greatly concerned Shultz because it allowed prosecutors to introduce evidence of alleged crimes from Sammarone’s former co-defendants — ex-city Finance Director David Bozanich, downtown developer Dominic Marchionda and 10 of the latter’s affiliated companies — that Shultz said had nothing to do with his client.

He said Wednesday: “They’re going to bring in witnesses to testify about certain alleged illegal acts committed by the former co-defendants — Marchionda and Bozanich. Even though they won’t directly testify about Chuck, Chuck is going to experience some prejudice because of that. A jury’s going to hear about all these potential bad things, may not be able to differentiate enough and separate Chuck out of it, and hold that against Chuck and eventually convict him because of it.”

Shultz sought to have that charge dismissed, but Sweeney ruled Feb. 24 against that request, but added the attorney would “be permitted to raise this issue” during the trial.

FALL FROM GRACE

It’s a significant fall from grace for Sammarone, who, as a longtime council president, was a close adviser to several mayors and a mentor to numerous council members. Sammarone became mayor in August 2011 when Jay Williams resigned from the post to take a job in the then-President Barack Obama administration.

The city charter, approved May 15, 1923, calls for the council president to succeed the mayor if there is a vacancy. That was the only time it has happened in Youngstown.

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

Briya is cooperating with prosecutors and has already pleaded guilty to five felonies in the corruption cases against Sammarone, Bozanich and Marchionda.

Among the guilty pleas is an attempted bribery conviction in which Briya admitted to giving more than $100,000 in cash, meals, gifts and golf benefits to Bozanich over a decade, and of giving at least $9,000 in cash to Sammarone to “corrupt” them in their official capacities with the city.

The Aug. 30, 2018, indictment charges Sammarone, Bozanich, Marchionda and the 10 companies with 101 counts. Other charges include money laundering, aggravated theft and receiving stolen property.

They’ve all pleaded not guilty.

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 the Flats at Wick student-housing complex as well as Erie Terminal Place and Wick Tower downtown-housing projects.

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.

Their trial is scheduled to begin June 1. Bozanich recently filed a motion asking Sweeney to have a separate trial.

dskolnick@tribtoday.com

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