MAHONING COUNTY Prosecution of jail-assault case puzzles lawyer

By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- The lawyer who represents Mark A. Batcho in an assault case has suggested that his client -- a mob hit man -- may be the target of selective prosecution.
Batcho, 34, of Campbell, is accused of the assault last month of Michael J. Hogan, a fellow inmate at the Mahoning County jail.
Batcho's lawyer, Jeffrey Limbian, said he can't recall many prosecutions that sprang from fights at the jail. He couldn't speculate why this case is being prosecuted.
Hogan, 35, of Boardman, was in jail Feb. 23 on a probation violation. Batcho, already serving 18 years on an attempted murder conviction, has been in the jail temporarily, pending his murder trial in Mahoning County Common Pleas Court.
In December 1996, Batcho shot and wounded Paul J. Gains, Mahoning County prosecutor-elect at the time, in a mob hit. He is now accused of killing a Boardman man in March 1996.
Trial requested: At a pretrial Friday in municipal court, Anthony J. Farris, an assistant city prosecutor, told Judge Robert P. Milich that the Hogan assault case showed "little or no chance of resolution" and asked that it be set for trial.
Limbian told the judge that Farris' description of the situation was mostly accurate but pointed out that he has just received the prosecution's evidence and needs time to review it. The case could be resolved by a plea agreement, the defense lawyer said.
Judge Milich set another pretrial for April 30, a final pretrial for June 4 and jury trial for June 5.
Limbian then asked the judge about deadlines for pretrial motions, saying that he may file one that contends Batcho has been singled out for prosecution.
Traficant link: Hogan, who provided information about Batcho to the local FBI 1996, said agents failed to protect him, and that he has been in contact with John Culbertson, a part-time investigator for U.S. Rep. James A. Traficant Jr. of Poland, D-17th.
Hogan said Culbertson, based in Washington, D.C., will be in town next week to meet with him. Traficant, who expects to be indicted, has been collecting affidavits from people who claim corruption within the FBI.
The FBI, Hogan said, used him for 31/2 years to build a case against Batcho. Hogan said agents put his life in danger by reneging on an agreement to safeguard him. The FBI had no comment.
The deputies at the jail, Hogan said, ignored his concerns about Batcho.
Hogan said he had been in one pod and then had to be moved to a medical pod because of his medication. From there, because the space was needed, he said deputies placed him in the pod that housed Batcho.
Hogan said that when he went to empty a wastebasket, he was hit in the back of the head, which caused him to hit the wall and fall to the floor, and then he was stabbed in the head with a ball point pen, reports show. Deputies said Hogan had bruises and scratches on his head and had been kicked.