DeJute requests a delay in trial
The ex-MVSD official wrote that his business customers would suffer irrevocable damage if the trial is held Jan. 7.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
WARREN -- Frank D. DeJute is seeking a two-month delay to the start of his trial because he is short-handed at work.
In his motion, DeJute, of Niles, wrote that his daughter, Gina Larney, is the only person who can operate his business -- Tauro Bros., a Girard trucking company -- in his absence and she is eight months pregnant.
Larney's due date is Jan. 20, 13 days before DeJute's civil trial is set to begin. DeJute wrote that because of her pregnancy, Larney will not be at work between Jan. 1 and March. Also, DeJute, a former Mahoning Valley Sanitary District board director, wrote that his operations manager-office manager is no longer with the company.
"Mr. DeJute's business is such that it cannot be closed during the trial without suffering irrevocable damage to his customers and the services it provides," DeJute wrote.
The Ohio Attorney General's Office filed separate $2.4 million lawsuits against DeJute; Edward A. Flask, another former MVSD board director; and the Gilbane Building Co. of Rhode Island, which served as construction manager on the water agency's $50 million capital improvement project.
The lawsuit contends DeJute and Flask improperly paid Gilbane for construction work not performed at the MVSD. A federal judge dismissed Gilbane's case. Flask's case is on hold because he declared bankruptcy.
Other postponements: DeJute's case has been postponed numerous times, but he insists never at his request.
Visiting Judge Richard M. Markus, who is overseeing DeJute's case, wrote to the Ohio Supreme Court that the latest postponement stemmed from DeJute's seeking to have the judge removed from the case. Chief Justice Thomas Moyer dismissed the request from DeJute, who is representing himself even though he is not an attorney.
"Everyone will have a field day because I said that I never asked for a delay, but my daughter is the only person who can replace me at work," DeJute said. "This is the first time I've asked for anything. What's [Judge Markus] going to do, have a trial without me?"
skolnick@vindy.com