Prosecution appeals judge’s Go Go ruling
STAFF REPORT
YOUNGSTOWN — The Mahoning County Prosecutor’s office is looking to the 7th District Court of Appeals after a judge ruled evidence in a criminal investigation against the Go Go Cabaret must be returned to the club’s owner.
Judge Lou A. D’Apolito of Mahoning County Common Pleas Court ruled Tuesday that all personal property belonging to the Go Go and its owner, Sebastian Rucci, must be returned by 4 p.m. Friday.
Four computers were seized from the club in May after an undercover investigation resulted in a police search and drug-related arrests.
The Go Go was shut down May 27 after Judge D’Apolito ruled the club a public nuisance but was allowed to reopen July 31 because the judge said specific measures were in place by Rucci to prevent any continued nuisance.
Austintown Police Department detectives maintain the computers are needed to view evidence retrieved from hard drives within those computers.
An oral motion by the prosecutor’s office to stay the execution of the order was overruled by Judge D’Apolito on Tuesday, prompting assistant Prosecutor Ralph Rivera to file a written motion to stay execution Wednesday.
“The state maintains that an ongoing criminal investigation exists, and the property at issue is needed as evidence to aid in that investigation,” Rivera states in the motion for appeal. “The fact remains that the Austintown Police Department and Detective [Jeff] Solic are still unable to view the contents without use of the actual computer that the court ordered return.”
The appeal states Rucci told Solic he would turn over the software needed to view the contents of the computers but has failed to do so after three of the four computers were returned to him.
“Mr. Rucci maintained that he could not find [the software], but he would look for them,” the ruling stated.
If granted, the stay would temporarily stop the Austintown Police Department from having to turn the computer over until the state’s appeal could be heard.