Co-counsel withdraws from arson fatality case
Co-counsel withdraws from arson fatality case
The trial will coincide with the height of the campaign season.
YOUNGSTOWN — Atty. Martin E. Yavorcik has asked for and received permission to withdraw as co-counsel for Michael A. Davis, the 18-year-old charged with setting the Jan. 23 East Side house fire that killed six people.
During a pre-trial hearing Wednesday, Yavorcik told Judge R. Scott Krichbaum that he wanted to withdraw from the Davis case because of his independent candidacy for Mahoning County prosecutor.
“The focus of this case has to be the facts, and not the lawyers trying the case,” Yavorcik told the common pleas judge. “I just don’t think it’s fair to Mr. Davis,” Yavorcik added.
In the Nov. 4 general election, Yavorcik is challenging Paul J. Gains, the incumbent county prosecutor, who has been directly involved in prosecuting the case.
Although he said he rarely allows lawyers to withdraw from cases, the judge noted that the trial for Davis, who faces the death penalty, is set for Oct. 6, which coincides with the height of the campaign season.
Neither Davis nor J. Michael Thompson, assistant county prosecutor, objected to Yavorcik’s withdrawal from the case.
Judge Krichbaum asked Atty. James S. Gentile, the lead defense lawyer, to submit two or three names, from which the judge can chose a replacement co-counsel.
Gentile added that the defense has viewed and photographed the Stewart Avenue house where the fire occurred and that the house will soon be demolished.
Davis, of Bennington Avenue, who remains jailed without bond, was charged under a 29-count aggravated murder and aggravated arson indictment.
Besides Carol Crawford, 46; her daughter, Jennifer R. Crawford, 23; and Jennifer’s four children, Ranaisha, 8; Jeannine, 5; Aleisha, 3; and Brandon, 2, died in the blaze.
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