Judge denies request to free Boardman man from prison

The judge ruled that an indefinite prison term was appropriate in this case.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Judge Robert Lisotto has denied a request to release a Boardman man from prison, where he is serving a sentence for attempted murder.
The decision likely will be appealed.
The ruling came down just after Judge Lisotto of Mahoning County Common Pleas Court said he was stepping aside from any cases before him in which Atty. Don L. Hanni Jr. is involved. Hanni and his daughter, Heidi Hanni Wolff, represent the defendant, John F. Sylvester.
Hanni also represented Judge Lisotto on Wednesday in Mahoning County's area court in Canfield, where the judge faces charges of driving under the influence of alcohol and failure to signal before making a turn.
"How could he sign the ruling on Thursday when I became his attorney of record on Wednesday?" Hanni said.
Judge's ruling
He said the attorney-client relationship between he and Judge Lisotto should have created a conflict of interest, making the judge ineligible to rule on the matter.
Hanni said that he had not seen the ruling but that he will probably file a motion asking that it be set aside and another judge assigned to rule on it.
"He probably had [the opinion] already done and it was just being typed up," Prosecutor Paul Gains said as to why the judge might have ruled on the case. "But obviously it's not in Hanni's favor so there's no problem with it as far as I'm concerned."
The judge was out of town Friday and could not be reached to comment.
Gains said he is not surprised at the decision.
"It's the law. It's the only decision there was to make," he said.
Indefinite sentence
Sylvester, 28, of Jaguar Drive, is serving seven to 25 years in prison for shooting his former girlfriend in the face during an argument in 1996. The victim, Nicole Pascarella, survived.
The Hannis filed a motion Aug. 20, asking that Sylvester be released from prison because of what they said were improprieties in the case. They argued that he should have been given a definite sentence rather than the indefinite sentence he received.
But Judge Lisotto ruled that under Ohio law that was in effect at the time, an indefinite sentence was proper, and that Sylvester is not eligible for shock probation, judicial release or any other relief.
The Hannis' motion also accused former prosecutor James A. Philomena of trying to extort money from Sylvester's family as part of a plea agreement that resolved the case. It was after Philomena had left office and was representing Pascarella in a possible civil lawsuit against Sylvester.
Judge Lisotto's two-page ruling did not address the Hannis' allegations of misconduct.
bjackson@vindy.com