COMMON PLEAS COURT Of 2 accused in threats to judges, 1 bargains

Defense lawyers say audio tapes of telephone calls made from jail have been destroyed.
By DEBORA SHAULIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- One of two Mahoning County residents charged with threatening common pleas court judges is willing to discuss a plea agreement, while the other appears to be headed to trial.
Attorneys for Kenneth Favors, 51, of West Delason Avenue, told visiting Judge Thomas P. Curran of Cuyahoga County on Tuesday that they have been negotiating terms of a plea with Jay Macejko, assistant county prosecutor.
Favors was indicted and arrested in April 2005 on charges of intimidation, retaliation and two counts of telephone harassment for threats to Judge R. Scott Krichbaum and his wife. Favors reportedly called Judge Krichbaum's home while he was in the Mahoning County jail on a charge of breaking and entering.
Judge Curran encouraged the attorneys to keep talking and said he will schedule a conference call within a week for an update. The judge said that if plea negotiations fail, he will set a trial date.
If an agreement is reached, Favors' attorneys, William J. Mooney and Charles B. Clovis of the Ohio Public Defender's Office in Columbus, said they will withdraw a motion for an evidentiary hearing that they filed Tuesday. In that request, Mooney and Clovis wrote that audio tapes of telephone calls Favors made from the jail have been destroyed, which hampers efforts to prove his innocence.
As a result, Mooney and Clovis filed a motion to suppress evidence, including computer records that show two calls were placed from the county jail to Judge Krichbaum's home on the day in question; videotapes of Favors using the telephone and being questioned by authorities; and the testimony of Judge Krichbaum's wife.
Macejko was not available to comment.
Favors remains in the county jail. A new assistant prosecutor will be assigned to his case because Macejko will start his new job Tuesday as prosecutor for Youngstown.
Innocent plea
Judge Curran also had a hearing Tuesday for Nora K. Anthony, 56, of Coitsville Road, Campbell, who has pleaded innocent to a third-degree felony charge of retaliation against Judge Maureen A. Sweeney. Anthony was indicted in April 2005. Courthouse staff, including Judge Maureen A. Cronin, overheard Anthony repeatedly saying she intended to "drive a white truck to the county courthouse and take out Judge Sweeney."
Anthony attended the hearing without an attorney. She was previously represented by Atty. David Gerchak, with whom Anthony said she was unhappy, and by Mark J. Lavelle, whom the Ohio Supreme Court suspended in November for failing to prepare marriage dissolution documents for one client and not adequately supervising his staff in document preparation for another client.
Anthony told Judge Curran that Lavelle returned her $500 deposit and that she is having difficulty finding another attorney, partly because of high retainer fees. Under oath, Anthony told the judge that she supports herself with Social Security disability payments and cannot afford to hire an attorney. Judge Curran said he would try to appoint someone from either Trumbull or Cuyahoga counties.
Judge Curran continued Anthony's bond and set trial for March 13. Anthony said she would prefer that the judge decide the case over a jury trial. Judge Curran advised her to talk to an attorney before making any decisions.
shaulis@vindy.com