YOUNGSTOWN Hearing set in question of probation



The North Jackson man was caught in a Youngstown bar.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A hearing was scheduled for today in Mahoning County Common Pleas Court to determine whether Frank A. Howley Jr. violated terms of his probation by being in a bar.
Howley, 23, of North Jackson, received an 18-month prison sentence in July for obstructing justice. He was incarcerated from July 11 to Aug. 22 at the Ohio State Penitentiary, then granted judicial release. Howley was placed on probation for five years, during which time he must submit to random alcohol and drug testing.
A city policeman caught Howley in a bar on Market Street over the weekend. Prosecutors have filed a motion asking Judge James C. Evans to either revoke or extend Howley's probation. Today's hearing was to determine whether there is enough reason to believe he is guilty of a violation.
Potential next step
If the judge finds probable cause, a full evidentiary hearing will be Nov. 20 to determine whether he actually violated probation.
Howley is one of four men who pleaded guilty to aiding Martin Koliser Jr., who is on trial in the courtroom of Judge R. Scott Krichbaum on charges of aggravated murder and attempted aggravated murder.
Police say Koliser shot and wounded a man outside a West Side bar in April, after which Howley lent his car to Koliser. About two hours later, Koliser shot and killed Patrolman Michael T. Hartzell in his cruiser downtown, police say.
Howley is expected to testify for prosecutors during Koliser's trial when testimony begins next week. Lawyers were selecting jurors this week to hear the case.
bjackson@vindy.com