OFFICER'S SLAYING Reward check is in mail, but claimant isn't happy

The Florida man's lawyer says he's 'taken aback' by what the city did.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- The city split a $40,000 reward for information leading to the arrest of a cop killer five ways, despite being put on notice that a Florida man was laying claim to the entire amount, his lawyer says.
Boardman attorney Albert A. Palombaro said Friday that his client, John Rizzotto of Clearwater, Fla., received a call from Detective Sgt. Rick Alli, Crime Stoppers coordinator, who wanted to verify Rizzotto's address before mailing his check.
Palombaro said he was "taken aback" by the disbursement because he put the city on notice two months ago that a claim would be filed.
Law Director John A. McNally IV said, however, that no claim was filed and city council voted recently to disburse $30,000 from the general fund and $10,000 from private contributions. The split is $10,000 to Rizzotto and $7,500 each to one current and three former Independent Taxi drivers.
The cabbies rushed to Patrolman Michael Hartzell's aid and called in the shooting that happened at 2:19 a.m. April 29, 2003, on West Federal Street near Vindicator Square. Hartzell died, and his killer, Martin Koliser Jr., traveled to Florida and was captured there the following night with Rizzotto's help.
'Probably being cashed'
"My understanding was that once all funds were together it was to be disbursed. I was never told it would be legally stopped," Alli said Friday. "Palombaro didn't say he'd file a lawsuit until he called me after he heard the checks were going out."
Alli said the checks "are probably being cashed as we speak."
Rizzotto's check was sent Friday by certified mail, Alli said.
Palombaro wouldn't say what his next move will be.
Two months ago, Palombaro sent a letter to the mayor and police chief requesting that the city file what is called an interpleader action in Mahoning County Common Pleas Court and deposit the $40,000 with the clerk of court. Such an action would mean that Rizzotto and the four cabbies would each file a claim against the reward and let a judge decide how to split it based on the facts.
The letter was passed on to McNally.
McNally's stance
He said Friday that he saw no reason for the courts to get involved because a committee -- police chief, chief of detectives and a fiscal officer -- determined how the reward should be split.
The cabbies, Palombaro said, were material witnesses who had a civic duty to provide information to police and acted before the reward was offered. He said what they did led to the identification of Koliser, but what Rizzotto did, after the reward was offered, led to the arrest and conviction.
Palombaro said it sets a bad precedent to reward witnesses.
Koliser, 31, is on death row at the Mansfield Correctional Institution.
meade@vindy.com