YOUNGSTOWN Koliser's friend fails to meet terms of probation, awaits court ruling

The matter will be revisited after Frank Howley completes a treatment program.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Frank A. Howley Jr. said the thought of testifying in court against his friend, Martin Koliser, is what drove him to drink, even though he knew it was illegal.
"I was real nervous about the trial," Howley said Monday in Mahoning County Common Pleas Court. "I was hiding behind alcohol."
Judge James C. Evans agreed to give the 23-year-old North Jackson man more time to prove himself before deciding whether to extend his probation and let him remain free, or to revoke it and send him back to prison.
Koliser shot and wounded a man outside a West Side bar in April, after which Howley lent him his car to escape. About two hours later, Koliser shot and killed Youngstown Patrolman Michael T. Hartzell in his cruiser downtown.
Koliser was convicted of both shootings and was sentenced to death in November. He is on death row while his conviction and sentence are being appealed.
Howley pleaded guilty in July to obstructing justice and was sentenced to 18 months in prison. As part of his plea bargain, he agreed to testify against Koliser.
Probation terms
In August, he was granted judicial release -- formerly known as shock probation -- after serving about six weeks in a penitentiary.
Judge Evans placed Howley on probation for five years, during which time he is not allowed to drink alcoholic beverages or take drugs.
In October, a Youngstown policeman caught Howley in a bar on Market Street, after which prosecutors filed the motion to extend or revoke his probation.
Defense attorney Michael Gollings said Howley has since been placed in a treatment program at Community Corrections Association on Market Street. Howley has begun treatment for drug and alcohol abuse, has undergone vocational training and gotten a job working construction, according to CCA spokesman Jason Nespeca.
"I think Frank understands that he's on the last-chance road here," Gollings said. "I think he's embraced that concept."
Judge Evans followed the recommendation of Assistant Prosecutor Jeffrey Limbian, who suggested that the probation violation issue be set aside until after Howley completes the CCA programs.
If he is successful, prosecutors probably will recommend that Howley's probation be extended or that more terms be added, Limbian said. If he fails, he could be sent back to prison.
bjackson@vindy.com