Court sides with 3 defendants

March 8, 2008 at 2:51a.m.

The rulings went against three common pleas judges.

YOUNGSTOWN — In three separate unanimous decisions in Mahoning County cases, the Seventh District Court of Appeals has ordered a robbery suspect freed from prison due to violation of speedy trial requirements, ruled that a judge erred in not letting a homicide suspect withdraw his guilty plea, and vacated a drug conviction due to improper search and seizure.

The appellate court ordered freedom for Nicholas Molina, 18, of Rhoda Avenue, who was sentenced to a four-year prison term last April by Judge Maureen A. Sweeney of Mahoning County Common Pleas Court.

Molina drew the sentence after pleading no contest to the Aug.15, 2006, aggravated robbery of the Speedway gasoline station and convenience store at Kirk and Raccoon roads in Austintown.

On Thursday, the appeals court vacated Molina’s conviction because it said Judge Sweeney failed to timely file a journal entry postponing Molina’s trial with the clerk of court.

The judge signed the order Oct. 30, 2006, to postpone the trial until Nov.13, 2006, to allow the prosecution to complete DNA testing, but the postponement order wasn’t filed with the clerk until Nov. 16, the appeals court said.

Molina entered his no contest plea after Judge Sweeney denied a defense motion to dismiss the case due to lack of speedy trial.

Because Molina had been jailed since his arrest on Aug. 15, 2006, his 90-day speedy trial clock expired Nov. 13, the three appellate judges ruled.

Ralph Rivera, assistant county prosecutor, said the prosecutor’s office is unlikely to appeal the matter to the Ohio Supreme Court because the speedy trial issue appears to be ‘‘cut and dried.’’

Also on Thursday, the three appellate judges ruled that Judge R. Scott Krichbaum of Mahoning County Common Pleas Court erred when he refused to allow Lee Johnson Jr., 34, of Samuel Avenue, to withdraw his guilty plea to involuntary manslaughter in the Oct. 23, 2005, punching death of Regina Miller, 28, of Forestview Avenue.

Before imposing a 10-year prison term on Johnson, Judge Krichbaum overruled Johnson’s motion to withdraw his guilty plea, saying Johnson had effective representation by two lawyers and more than 10 months to contemplate his plea.

Johnson’s lawyer, Thomas E. Zena, told Judge Krichbaum that Johnson wanted to withdraw his guilty plea because DNA evidence had been found on the victim, but not tested, and because Johnson was under the influence of medication when he entered his plea.

Noting that Johnson’s first request to withdraw his plea came only seven days after he entered it and concluding that the prosecution would suffer no harm from the plea withdrawal, the appeals court ruled Judge Krichbaum abused his discretion and sent the case back to him for further action.

Most likely, Johnson will reappear before Judge Krichbaum to withdraw his guilty plea and go to trial, Rivera said.

In the last case, which was decided Friday, the appellate court vacated the conviction of Alexander Blandon for possession of crack cocaine because it said police confiscated the suspected drug from Blandon’s pocket in an unconstitutional warrantless search during a weapons pat-down.

A Youngstown police officer patted Blandon down, after he said he stopped Blandon after seeing him run two stop signs on Oct. 31, 2005.

After Judge James C. Evans of Mahoning County Common Pleas Court denied a defense motion to exclude the suspected drug as evidence, Blandon pleaded no contest, and Judge Evans sentenced him in December 2006 to two years in prison.

During a weapons pat-down, “The officer’s manipulation of the suspected contraband to determine its nature is a violation of the defendant’s Fourth Amendment rights,” the appeals court ruled, sending the case back to Judge Evans.

Rivera said the prosecutor’s office is undecided whether to appeal the Johnson and Blandon decisions to the state’s top court.

All three decisions were rendered by appellate judges Mary DeGenaro, Gene Donofrio and Cheryl L. Waite.