Man's probation to be discussed



It's the second time Frank Howley has been accused of violating probation.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A hearing will be Aug. 19 in Mahoning County Common Pleas Court to determine whether Frank Howley Jr.'s aggravated robbery arrest is a violation of his probation.
Howley waived a probable cause hearing on the matter Wednesday before Judge James C. Evans. His attorney, Michael Gollings, said there is probable cause to believe Howley violated terms of his probation.
Prosecutors will present evidence at the August hearing to prove their contention that Howley's probation should be either extended or revoked.
After Martin L. Koliser Jr. shot a man outside the Casaloma Gardens on Mahoning Avenue on April 29, 2003, Howley lent his car to Koliser, who two hours later shot and killed Patrolman Michael T. Hartzell.
Howley, 23, received an 18-month sentence in common pleas court for obstruction of justice and was incarcerated from July 11 to Aug. 22, 2003, at the Ohio State Penitentiary. He was then granted judicial release by Judge Evans and placed on five years' probation.
Crossing the line
Howley violated that probation last October when a Youngstown police detective spotted him going into a bar on Market Street. Howley is not permitted to be in bars while he is on probation.
Howley told Judge Evans at a hearing in December that the thought of testifying against Koliser at trial made him nervous, and he was hiding behind alcohol.
Judge Evans agreed to give Howley more time to prove himself before deciding whether to extend or revoke his probation.
Howley was arrested earlier this week in Ellsworth Township on suspicion of robbing a 47-year-old Youngstown man at gunpoint. That's when prosecutors filed a motion to either extend or revoke his probation.
Judge Evans ordered that Howley be held without bond in the county jail until the August hearing. His municipal court bond on the aggravated robbery charge is $100,000 and a preliminary hearing is set for Wednesday.
bjackson@vindy.com