Murder case illustrates how backlogs can occur

Lingering cases contribute to jail overcrowding.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Joseph P. Nazarini is just one example of how delayed justice clogs the Mahoning County jail with long-term inmates.
Nazarini has been in jail since Feb. 6, 2004, awaiting trial on an aggravated murder charge in the stabbing death of his wife.
The case has plodded along into its third year. With the daily rate at 68.84 to house an inmate, Mahoning County will have spent nearly 85,000 to keep Nazarini locked up until his trial begins June 25, if it begins then.
Early on, Nazarini's Boardman lawyers, John B. Juhasz and J. Gerald Ingram, entered pleas of innocent and innocent by reason of insanity in Mahoning County Common Pleas Court. Ingram says the case has been delayed because psychiatric evaluations are not ready, and he shoulders the blame.
An Ohio Supreme Court rule says criminal cases "shall" come to trial within six months of arraignment after indictment or upon filing of information. Judges go beyond the six-month limit when they think a continuance, requested by the defense or prosecution, is warranted.
Judges also reset trials when scheduling conflicts occur in their courtroom.
Rescheduled
After multiple continuances the past three years, the Nazarini trial was moved again this year, from April 23 to June 25.
At the time of his arrest, Nazarini was an unemployed substitute teacher. He called police to report the stabbing and surrendered at his Oakley Avenue home Feb. 6, 2004. Police said he stabbed his wife, Denise, the day before and then sat with her body.
Ingram, in explaining the trial delays, said Nazarini has had multiple hospital stays in the past, including one in California, and medical records had to be sought from each facility.
"While we were late in requesting these medical records, when we sent releases to the hospitals, they ignored us, so we contacted them again and they promised to expedite the medical records," Ingram said. "Once we get the medical records, our evaluation will be complete. We retained a psychologist for the evaluation, and the state will want an evaluation at the forensic center."
The lawyer said he expects the trial to proceed as scheduled in June, adding that justice will be done.
"This time there is no fault on the prosecutors -- as there frequently is. I call a spade a spade, and this time there is no blame on them," Ingram said. "They probably could have pushed us harder, but with all the changes in prosecuting attorneys, no one had the file long enough to push us harder."
Ingram said Judge Cronin "yelled at us constantly [to get the medical records] and threatened sanctions."
Judge Cronin said she's aware there are medical-records issues that stem from here to California and back and she understands it's been difficult to get the records released, to track the doctors.
"What are you going to do? This has always been my thing: If you make a mistake at this level, it goes to the court of appeals, [and] it's going to come back," the judge said. "So you might as well get the information up front, try the case, get a clean case and get on with it -- even if it takes a while."
To read the Ohio Supreme Court's assessment of Mahoning County Common Pleas Court's caseflow management and operation, & lt;a href= & quot;http://www.vindy.com/extra/more/2007-04-27-courts.pdf & quot; target="_blank_window" & gt;click here & lt;/a & gt;.