YOUNGSTOWN Lawyer seeks change of venue

'Spillover' from coverage of an officer's slaying could taint the juror pool, he said.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Publicity surrounding the recent shooting death of a Youngstown policeman has prompted the lawyer in an unrelated civil case to ask that his upcoming trial be moved outside Mahoning County.
Atty. Mark S. Colucci also said in court documents that Judge Maureen A. Cronin of common pleas court should step aside from presiding over the 7-year-old civil case, which involves a shooting by a city police officer.
Colucci represents the family of Bryan Houlihan, a 35-year-old Austintown man who was shot and killed after leading police on a high-speed chase in 1995.
Houlihan's family sued the city in November 1996, seeking unspecified damages. The matter is set for trial Oct. 14 in common pleas court.
The suit contends that former city police officer David Ellis knew he was outside his jurisdiction when he shot and killed Houlihan on Truesdale Road in Boardman.
According to Vindicator files, police from three departments and the Ohio State Highway Patrol chased Houlihan because he was a suspect in several convenience-store robberies.
Houlihan crashed his car on Truesdale and was shot as he tried to run. Police said he made a movement as if to pull something from his back pocket. The shooting was ruled justifiable by then-Prosecutor James A. Philomena.
Koliser case
In an eight-page motion filed Tuesday, Colucci said the upcoming trial date will be close on the heels of the trial of Martin Koliser Jr., who is accused of fatally shooting city Patrolman Michael T. Hartzell in April. Koliser, 30, of Boardman, is set for trial in July on charges that include aggravated murder.
Colucci said the press exposure surrounding the Koliser case could create a "spillover effect" and taint prospective jurors in the Houlihan case when it goes to trial.
Even though the cases are unrelated, Colucci said he is concerned that "public passion may run amok" and cause jurors to be reluctant to rule against a policeman in the Houlihan civil trial. He wants his trial to be held in another county on the scheduled date.
Colucci also said that Judge Cronin, a former city prosecutor, should step aside from the case because of her ties to the police department.
Judge Cronin was not available to comment.
bjackson@vindy.com