Trending
YOUNGSTOWN -- An aggravated murder case in which a jury trial has been rescheduled numerous times since late 2019 took another turn Monday when the defense attorney filed a motion asking the judge to disqualify the assistant prosecutor assigned to the case.
At a news conference Monday afternoon on the steps of the Mahoning County Courthouse, attorney David Betras passed out the motion to reporters. However, Betras said Common Pleas Court Judge John Durkin told him not to make any further comments about the issue until a June 18 hearing on the motion in Durkin's courtroom.
The motion seeks to disqualify Dawn P. Cantala-messa as counsel for the state and to dismiss the charges against his client Lavontae E. Knight, 25, of Ferndale Avenue, Youngstown.
Cantalamessa, who was standing nearby with fellow assistant prosecutor Jennifer McLaughlin during Betras' news conference, did not comment about the issues, and neither did her boss, Prosecutor Paul Gains.
Knight is charged with two counts of aggravated murder, aggravated robbery and other charges in the Oct. 25, 2018, shooting death of Josh Donatelli, 26, at Donatelli's home on Imperial Street on the West Side.
In the motion filed Monday, Betras said his client's due process rights have been violated by Cantalamessa not disclosing potentially exculpatory evidence that has been in her possession for two years. Betras also said that Cantalamessa is an essential witness at the trial, and thus must be removed because of a conflict of interest.
Betras and Patrick Kirally last month filed a motion asking that the trial be postponed for a ninth time or certain evidence be tossed because they were not given ample time to review evidence in the state's possession.
Durkin on May 5 ruled that the trial would be postponed until Aug. 9. Also during that hearing, the judge said he believes Cantalamessa was being truthful when she said it was an oversight in not providing that piece of evidence to the defense.
In a memo supporting the motion, Betras wrote that he and his client were under the impression that the case's main witness was never presented a lineup where Knight's photo was included, and that the witness identified Knight six months after the murder after seeing him on television. The memo also claims Cantalamessa has a personal interest in the case.
Updated notes from a Youngstown detective showed the witness failed to identify Knight in a photo lineup on Jan. 9, 2019, a little more than two months after the murder, according to Betras' memo supporting his latest motion.
Knight was charged in Donatelli's murder after the main witness identified Knight as being involved. Cantalamessa told Durkin at at a 2019 pretrial hearing that the witness identified Knight by seeing him on television in an unrelated matter.
Knight also faces aggravated murder and other charges in the Dec. 30, 2018, slaying of Trevice Harris, 37, at a Market Street location. That case also is assigned to Durkin's court.
gvogrin@tribtoday.com