YOUNGSTOWN — A Mahoning County Common Pleas Court judge approved requests for ex-Youngstown Finance Director David Bozanich to have a separate trial from downtown developer Dominic Marchionda and 10 companies affiliated with him.

They face numerous charges in a public corruption case.

In her Thursday decision, Judge Maureen Sweeney cited a previous ruling she made that attorney Stephen Garea — a key witness in the criminal case — cannot testify about anything he discussed with Marchionda as his lawyer.

While attorney-client privilege is waived for Garea regarding Marchionda — even if the use of it was for the purpose of committing or continuing a crime or fraud — he can still testify in the trial. Any communication between him and Marchionda, however, cannot be mentioned.

Sweeney wrote Thursday: “Any testimony attorney Garea would offer at trial would be unfairly prejudice(d) to defendant Marchionda (and his affiliated companies). The court holds that the trial of defendant Marchionda (and his companies) shall be severed from the trial of defendant Bozanich.”

Prosecutors had objected to separating the defendants.

“The court agrees with the state that (having one trial) conserves judicial time and is liberally permitted,” Sweeney wrote. “Additionally, as the state points out in its brief, the determination as to whether or not to sever defendants is within the discretion of this court. The court also must consider the constitutional rights of each defendant. The fact that attorney Garea’s (statements to law enforcement officials) speak to work he performed for both defendant Marchionda (and his companies) as his attorney and work he performed for defendant Bozanich is troublesome.”

Garea served as Marchionda’s attorney when the developer made various deals that received money from the city of Youngstown including the Flats at Wick student-housing complex. He testified at a January hearing that he did legal work for Bozanich’s then-wife and didn’t charge for it. But Bozanich didn’t file a motion to suppress for attorney-client privilege related to Garea’s testimony.

Sweeney will have a pretrial hearing at 9:30 a.m. May 5 to determine the order of the trials and to address any outstanding motions and issues.

The trial was supposed to start June 1.

The defendants and former Youngstown Mayor Charles Sammarone were indicted Aug. 30, 2018, on 101 counts including engaging in a pattern of corrupt activity, money laundering, tampering with records, aggravated theft and receiving stolen property.

Sammarone faced 14 counts and took a plea agreement March 16 to two felony counts of tampering with records. He received five years of probation and 30 days of community service.

Bozanich is accused of illegally giving assistance to people, including Marchionda through an associate, who sought public funding for economic-development purposes 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 the Flats at Wick as well as Erie Terminal Place and Wick Tower downtown-housing projects.

The defendants have pleaded not guilty.

Also in Sweeney’s Thursday ruling, she declined a request by Marchionda and his companies to dismiss three aggravated theft counts and a charge of engaging in a pattern of corrupt activity.

She wrote that she will consider the request after allowing prosecutors to present their case and on their motions as to whether the charges should be dismissed.