Judge declares mistrial in capital-murder case
The prosecution’s error ‘makes a fair trial no longer possible,’ defense says.
PETER H. MILLIKEN
VINDICATOR STAFF WRITER
YOUNGSTOWN — The judge has declared a mistrial in the capital-murder case of Antonio Jackson.
Jackson, 28, of Summer Street, is charged with the Aug. 6, 2005, aggravated murder, aggravated robbery, kidnapping and rape of Sierra Y. Slaton, 19, of Vestal Road.
Slaton’s body was found floating in McKelvey Lake the day after she died from multiple gunshot wounds to the head.
Judge John M. Durkin of Mahoning County Common Pleas Court declared the mistrial Monday morning. Trial testimony began Wednesday. A new jury will be selected for a new trial at a later date.
Judge Durkin had recessed the trial early Friday as the lawyers investigated newly discovered witness statements.
Jackson’s lead defense lawyer, John B. Juhasz, who had asked the judge to declare the mistrial Friday, said he had just learned of the statements Thursday evening.
Juhasz said he was asking for the mistrial because the prosecution had not provided them to the defense before the trial began as required by the rules of evidence discovery.
“The state’s conduct makes a fair trial no longer possible here. Considerable investigation must be done,” said Atty. Juhasz and Lynn Maro, the other defense lawyer, in their written motion for a mistrial, which followed Juhasz’s oral request.
“A mistrial is required here because, had the defense timely been given this information, it could have structured the defense differently,” they added.
The statements from the witness, one handwritten and unsigned, and the other sworn, were given to the prosecution in October 2006, Juhasz said.
In his sworn statement, the witness said the other defendant, Antwon Lanier, 25, of Mahoning County Jail, who is to be tried on the same charges beginning May 4, confessed the crimes against Slaton to him in detail and named Jackson as the killer.
The sworn statement contradicts the handwritten statement, which the witness said he dictated to his Mahoning County Jail cellmate, according to a motion the prosecution filed urging the judge not to grant a mistrial.
The witness said he dictated to a fellow inmate because he does not read and write well, and the cellmate didn’t write exactly what he was told to write. The witness denied Lanier told him that he (Lanier) shot Slaton.
“A mistrial is neither warranted nor appropriate under the circumstances, and an alternative sanction, such as a reasonable continuance, is sufficient to remedy any harm resulting from the untimely disclosure,” of the witness’ statements, Dawn P. Cantalamessa and Jennifer McLaughlin Smith, assistant county prosecutors, argued unsuccessfully.
Cantalamessa told Judge Durkin on Friday that she did not know that the defense lawyers had been unaware of the statements until Thursday.
Judge Durkin noted that multiple prosecutors have handled this case over the past 31‚Ñ2 years.