Villani resigns in wake of accusations

The defense attorney says he will file a motion to dismiss the charges.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- An assistant Mahoning County prosecutor suspected last week of providing false information to a common pleas judge to get a trial delay has resigned.
Michael Villani gave two weeks' notice Tuesday, Prosecutor Paul J. Gains said. Villani's resignation is effective March 2.
Gains said Villani's resignation letter gives no reason for leaving. "I won't comment further," the prosecutor said.
Messages seeking comment from Villani, who has been with the office about 10 years, were not returned. Gains said Villani is aware The Vindicator is trying to reach him and chooses not to respond.
An investigation into Villani's actions began Monday when the newspaper contacted Robert E. Bush Jr., chief of the prosecutor's criminal division.
The Vindicator told Bush that it had obtained a dated evidence receipt that shows Villani signed for documents given to him by Ida Hayes' defense attorney Feb. 5. Hayes' trial on tampering with records was to begin in Mahoning County Common Pleas Court on Feb. 12.
On Feb. 12, Villani asked Judge James C. Evans for a postponement, citing a discovery issue in the Hayes case. The judge quoted Villani as saying in court "they just dropped it on me." The judge, believing the discovery had just arrived the day of trial, granted the request and reset the trial to June 11.
"That's what irritates me, that obviously was the lie," Judge Evans said after learning the documents had arrived Feb. 5.
In the entry Villani typed for Judge Evans to sign Feb. 12, the state's request for a trial continuance is based on "recently provided discovery."
Bush said Monday that Villani would be investigated and appropriate measures taken. The chief prosecutor said firing to verbal reprimand or anything in between was possible.
"We don't condone lying in this office to another lawyer or to the court," Bush said Monday. "False information from a lawyer in this office to anybody is unacceptable."
Bush said he discussed the situation with Gains on Monday and left a voice mail message at home for Villani. Because of the holiday Monday, Villani, who is a son of Gains' secretary Barb Villani, was not at work.
Background
The Vindicator reported Sunday that, even though Judge Evans had prioritized for Gains three jury trials all scheduled for Feb. 12, the judge ended up with no trials last week and had to send 24 jurors home. The judge said an irritating lack of organization by Gains' office created the situation.
After the first trial ended with a plea agreement Feb. 12, the judge wanted to proceed with the Hayes trial. Gains, who assigned two prosecutors to Judge Evans' court, had been told by the judge that Hayes would go second if the first trial resolved with a plea.
Bush, speaking to The Vindicator on Gains' behalf last week, said medical records from Hayes' defense lawyer arrived the day of her trial, Feb. 12, which prompted Villani's request for a postponement. Bush said prosecutors were not responsible for the trial delay.
On Monday, the newspaper faxed Bush a copy of the Hayes case discovery receipt that Villani signed Feb. 5.
Bush did some checking on his own and then called the newspaper back to retract what he said about the evidence's arriving Feb. 12. He also clarified that no medical records were involved.
"The information I got [from Villani last week] was that we had just got the documents," Bush said. "That's the information I acted upon."
Until Monday, Bush believed what Villani had told him -- that the discovery arrived Feb. 12. Bush pinned down the Feb. 12 date with Villani last week after a reporter asked for a specific time and date.
Judge Evans said he wants to have a "serious talk" with Bush and Gains about what happened with Villani and the Hayes case. The judge said having no trials last week was a waste of time.
What defense said
Hayes' Boardman lawyer, Alan J. Matavich, said that he was in Trumbull County on Feb. 12 and spoke by phone to Judge Evans' secretary that morning, telling her witnesses had been subpoenaed and he was ready for trial. Matavich said he then spoke to Villani by phone and learned the trial would not go forward that day.
Matavich declined to say what Villani gave as the reason for the trial delay.
The defense lawyer, now aware that Villani used "recently provided discovery" as the reason for the trial delay, said he will ask that the charges against Hayes be dismissed.
Matavich said his client has been eager since 2004 when the original charge was filed for her trial to take place. He said the New Springfield woman is upset by the latest setback.
Records show the Hayes case was indicted in October 2004 and a superseding indictment was handed up in March 2006. The Hayes trial has been reset at least eight times, either at the request of the defense or if the judge had other trials.
In early January, meanwhile, Matavich notified Villani in a court filing that defense documents to be used in the Hayes trial were available for reviewing/copying at the defense attorney's Boardman office. Matavich said no prosecutor visited to review or copy the documents, so he took it upon himself to copy the materials -- mostly police reports and court records -- and deliver them to Villani on Feb. 5, a week before the scheduled trial date.
"[Prosecutors] had all their stuff in adequate time," Matavich said. "They were not unprepared by anything the defense did."
meade@vindy.com
& lt;a href="http://media2.vindy.com/photos/newswatch/EvidenceReceipt.pdf" & gt;To view a copy of the evidence receipt, click here & lt;/a & gt;