YOUNGSTOWN Judge OKs civilian clothes for Koliser in officer-slaying trial



The judge said he wants to ensure a fair trial.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Jurors won't see Martin Koliser wearing an orange jail inmate's uniform when he goes on trial in October.
They also won't see him in handcuffs and leg shackles, or in the company of deputy sheriffs.
Instead, Koliser will be unrestrained and in civilian clothing each time he appears in front of a jury. He'll be escorted in and out of the courtroom by deputies, though always out of the jury's view.
Those were among the many rulings handed down Tuesday by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court. The judge said he wants to ensure Koliser a fair trial, and the sight of him in jail garb being escorted by deputies could bias jurors against him.
Judges commonly grant defense requests for jail inmates to be allowed to wear civilian clothing when they appear before a jury for trial.
If Koliser misbehaves during his trial, he could end up in restraints, Judge Krichbaum said.
Koliser, 30, of Boardman, does not have to be in civilian clothing when he appears for pretrial hearings where there is no jury. He is awaiting trial on charges of aggravated murder, attempted murder, escape and illegally possessing a firearm.
What's behind charges
Authorities say Koliser shot and killed 26-year-old Youngstown policeman Michael Hartzell during the early hours of April 29. He also is accused of shooting Donell J. Rowe, 23, outside a West Side bar about two hours earlier.
Koliser could face the death penalty if he is convicted of the aggravated-murder charge.
His court-appointed lawyers from the Ohio Public Defender's Office had filed nearly two dozen motions, mostly dealing with discovery of evidence from the county prosecutor's office. Judge Krichbaum handed down his rulings during a pretrial hearing Tuesday.
The judge approved a defense request for a bill of particulars, which is a document in which prosecutors outline the nature of the charges against Koliser. Prosecutors filed that document about two weeks ago.
Defense attorneys William J. Mooney and Jerry McHenry also asked that they be provided with daily transcripts of each courtroom proceeding, both before and after the trial. Judge Krichbaum said he will order the transcripts to be provided at taxpayers' expense.
Koliser sat quietly and said nothing out loud during the proceeding, turning occasionally to whisper to his lawyers.
bjackson@vindy.com