YOUNGSTOWN Koliser waives his speedy trial right

The suspect's trial is set for Oct. 14.
By DAVID SKOLNICK
VINDICATOR STAFF WRITER
YOUNGSTOWN -- After some concern that his trial would be suspended indefinitely, Martin L. Koliser Jr., the suspect in the killing of a cop, agreed to waive his right to a speedy trial.
Koliser's trial was set for July 28, but was pushed back to Oct. 14 after he agreed to not demand a speedy trial. Under Ohio law, Koliser's trial would have had to begin 90 days after his April 30 arrest on charges of aggravated murder, attempted murder, escape and illegal possession of a weapon.
Koliser, 30, of Boardman, signed a motion waiving his right to a speedy trial, but during questioning Thursday at a pretrial hearing, he changed his mind while being questioned by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court.
"I don't want to file indefinite," Koliser told the judge, meaning he didn't want the start of the case to be indefinitely delayed.
When he was reassured by Judge Krichbaum that the case would start no later than mid-November, Koliser said that would be fine.
"His concern is he doesn't want to wait a long time in prison for the trial," said William J. Mooney of the Ohio Public Defender's Office, Koliser's attorney.
Police say Koliser shot and killed Youngstown Patrolman Michael Hartzell, 26, during the early morning hours of April 29. He is also accused of shooting Donell J. Rowe, 23, outside a West Side bar about two hours earlier.
Koliser faces the death penalty if convicted.
Attentive
Koliser, wearing orange Summit County Jail coveralls with handcuffs and feet shackles, was more attentive and interested during Thursday's hearing compared with one last month. At that hearing, Koliser made obscene gestures to the media and stared at a mural in the courtroom.
Koliser's attorneys filed about 20 motions Thursday, including motions for discovery, grand jury testimony, and a request that Koliser be allowed to wear civilian clothes during the trial. Prosecutor Paul J. Gains called them "standard, boilerplate motions filed so the defendant can get a fair trial."
skolnick@vindy.com