Koliser arraigned in two shootings

Charges against friends will be resolved within two weeks, the prosecutor said.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Twenty-five days after a cop was shot and killed, Martin L. Koliser Jr. appeared in court, accused of the crime that, if proved, could result in his death by lethal injection.
Koliser, 30, of Boardman, was arraigned Friday afternoon in Mahoning County Common Pleas Court's smallest courtroom, which holds only 16 people in its gallery. The press was seated in the jury box.
Those who did not get a seat early in Judge James C. Evans' court were barred admittance for the court proceeding that lasted six minutes. The audience was mostly city police officers.
Koliser, in an orange Mahoning County jail uniform and plastic flip-flops on his feet, turned to the sound of cameras clicking as he entered court. In response to the judge's questions, Koliser, in leg shackles and handcuffs, answered that he can't afford a lawyer, has no assets and can read.
Judge Evans determined that public defenders from Columbus -- Jerry McHenry and William J. Mooney -- should represent Koliser. McHenry entered innocent pleas on Koliser's behalf.
Judge Evans ordered that Koliser be held without bond.
The case has been assigned to Judge Robert G. Lisotto. Trial is set for Aug. 11.
Two shootings
Koliser is accused in the shooting death of Patrolman Michael T. Hartzell, 26, and the wounding of Donell J. Rowe, 23. The shootings were two hours apart April 29.
Koliser drove to Clearwater, Fla., arriving the evening of April 30, when he was captured at a motel and booked into the Pinellas County jail on a parole violation.
Koliser was placed on parole Dec. 12, 2002, after serving six years in prison for stabbing his roommate in Salem. The Adult Parole Authority has a hold on him for a parole violation, based on his trip to Florida without permission.
Mahoning County Prosecutor Paul J. Gains said bond wasn't really an issue because of the parole hold. The case is being prosecuted by Gains and Jay Macejko, an assistant county prosecutor.
Macejko said family members for both sides were advised of the arraignment but chose not to attend.
Five charges
A grand jury indicted Koliser on charges of aggravated murder, attempted murder, felonious assault, escape and illegal possession of a weapon. The prosecutor's office dismissed the felonious assault charge.
The aggravated-murder charge has three death-penalty specifications, of which only one must be proved to result in death by lethal injection.
About an hour before the arraignment, deputies used a mirror attached to a lighted wand to conduct security searches under furniture and behind drapes in both Judge Evans' courtroom and down the hall in the jury room. The jury room is where Koliser met with his public defenders.
Koliser will be housed at the Summit County jail pending trial. The Akron jail is a shorter drive for the public defenders.
Sheriff Randall A. Wellington has said it would be inappropriate to house Koliser in the Mahoning jail because Hartzell's fianc & eacute;e is a deputy in the department's corrections division.
Macejko said he expects obstruction-of-justice charges filed against four of Koliser's friends to be resolved within two weeks. The friends, Forrest A. Rupp Jr., 23, of Boardman; Frank A. Howley Jr., 22, of Donald Avenue; Jonathan A. Kuzan, 23, of Oakwood Avenue; and Lamar Butler, 22, of Stratmore Avenue were arrested May 16 and remain in jail.
Macejko would not say if the four men, once their charges are resolved, would then be called as prosecution witnesses.
meade@vindy.com