YOUNGSTOWN Trial will start for man accused of killing pregnant woman

Defense attorneys have asked for the prosecutors to be thrown off the case.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- With the beginning of his murder trial looming Monday, attorneys for Anthony Anderson have asked the judge to toss the Mahoning County Prosecutor's Office off the case.
Anderson, 24, of Kenneth Street, is charged with three counts of aggravated murder, for which he could be sentenced to death if convicted. He is also charged with single counts of attempted aggravated murder and aggravated robbery.
Deaths: Anderson is accused of killing 21-year-old LaShawnda Aziz, who was pregnant, during a robbery at her house on Lansdowne Boulevard in November 1998. Aziz's 4-year-old son, DeShun Moreland, was also shot and killed. Her daughter, Brea Aziz, who was 3 at the time, was shot but survived. Aziz's fetus also died.
A co-defendant, Kevin Calwise, was convicted on identical charges in March 2000 and is serving three consecutive life sentences.
Lawyers finished selecting jurors Friday afternoon in common pleas court and are scheduled to make opening statements Monday afternoon, after arguing a series of pending motions in Monday morning.
Motion to disqualify: Among the motions is one filed Friday afternoon by defense attorneys James Gentile and Louis DeFabio, asking that Judge R. Scott Krichbaum disqualify the prosecutor's office from trying the case.
The motion says that while looking at evidence in the prosecutor's office during trial preparation, DeFabio found a box containing some 30 rounds of ammunition that was not accounted for in pretrial discovery.
Under Ohio law, attorneys are required to provide each other with a list of the witnesses and evidence they intend to use during the trial. DeFabio and Gentile said in the motion that they weren't aware of the bullets until after jury selection started.
The defense motion says there is no documentation of where the bullets came from or who has handled them. It says that the box of bullets was apparently discovered by Jay Macejko, one of two assistant prosecutors handling the case.
Witness: DeFabio and Gentile said they now intend to call Macejko as a witness during the trial, to testify about when the bullets were discovered and who has handled them.
If Macejko becomes a witness, he and the entire prosecutor's staff must be disqualified from trying the case for the state, DeFabio and Gentile said. If that happens, the trial will have to be stopped, a special prosecutor appointed and a new panel of jurors seated.
Assistant Prosecutor Timothy Franken said the box of bullets was on a discovery list provided to the defense and that prosecutors will oppose the disqualification motion. He said the motion is a defense ploy to buy more time to prepare for trial.
bjackson@vindy.com