WARREN Lawyer says FBI found favorable evidence

The judge will decide April 13 whether to grant the request for a new trial.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- An attorney representing a woman who was convicted of selling alcohol to a minor told a municipal court judge that an FBI agent is looking into the circumstances surrounding the filing of criminal charges in his client's case.
Atty. Michael D. Joseph, who represents Marlene Nahhas of Warren, told visiting Judge Lynn B. Griffith Jr. during a hearing Friday that agent Wallace Sines of the FBI's Youngstown office gave city prosecutors a statement from a witness in the case which stated that the witness "wrongfully identified" Nahhas as the person who sold him alcoholic beverages.
Joseph brought up the FBI's involvement Friday in an attempt to get a new trial for his client. Sines could not be reached to comment.
Atty. Stanley Elkins, a former assistant city prosecutor who now works for the county prosecutor's office, returned to the court Friday to handle the case. Elkins objected to Joseph's request for a new trial, saying that Joseph has no new evidence.
"It was already brought up during her trial that the witness gave several different statements but she was still found guilty by the judge," Elkins said.
The judge gave Joseph until April 13 to submit affidavits to the court from the FBI agent and any other witnesses. The judge said he will decide April 13 whether to grant Joseph's request for a new trial.
Judge Griffith, who retired last year, is hearing the case because he handled the case originally in 1999, court officials said.
What this is about: Nahhas, who along with her husband owns Z & amp;J Market, 1006 Perkinswood Blvd. S.E., was convicted in November 1999 of selling beer to a minor. She was sentenced to 10 days in jail and a $500 fine. Nahhas appealed the conviction, and the 11th District Court of Appeals reversed and remanded the case March 19, stating that the judge sentenced Nahhas without giving her a chance to make a statement before sentencing. The appeals court ordered the judge to resentence Nahhas.
Judge Griffith did resentence Nahhas on Friday and gave her the same sentence.
Before the sentencing, Joseph said Nahhas had no prior criminal record.