Man wants to rescind guilty plea

Prosecutors say the request should be thrown out.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Raymond Crites will get a new lawyer to tell a judge why Crites should be allowed to withdraw his guilty plea to a manslaughter charge.
Crites, 30, of Austintown, was sentenced in June to 10 years in prison for the death of 33-year-old John Deiley last summer. He was originally indicted on a charge of murder but pleaded guilty to a reduced charge of voluntary manslaughter.
A mandatory three-year sentence for using a firearm also was imposed, giving Crites a total sentence of 13 years.
The 10-year sentence imposed by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court was one year more than the sentence recommended by Assistant Prosecutor Patrick R. Pochiro in the plea agreement.
Crites said in court documents that he should be allowed to recant his plea because the judge deviated from the plea agreement. Ohio law, however, gives judges the final word on sentencing regardless of recommendations in plea bargains.
Crites also said his former lawyer, Anthony P. Meranto, coerced him into taking the deal by shouting at him and threatening him with a life sentence. During a brief hearing Monday, Meranto denied coercing Crites and said he thinks that had the case gone to trial, Crites would have been found guilty of the same charges to which he pleaded guilty.
"I don't see no evidence supporting murder or voluntary manslaughter," Crites told the judge, explaining why he now wants to go to trial.
Pochiro, though, said Crites confessed the crime to police and the shooting was witnessed by at least one person. He thinks Crites would be convicted at trial of either murder or voluntary manslaughter, and said Crites' request should be thrown out.
Judge Krichbaum agreed to appoint a new lawyer to represent Crites at a hearing Wednesday, during which Crites will be allowed to present what he says is new evidence supporting his request to withdraw the plea.
bjackson@vindy.com