Motion opposes Amato lawyer

By D.A. Wilkinson | January 11, 2010 at 12:01a.m.

Jack Amato Jr.

The homicide occurred in July 2007.

WELLSVILLE — A defense attorney would be barred from taking part in a murder case if a special prosecutor has his way.

Atty. Lynn Grimshaw, of Wheelersburg, Ohio, wants a court order to prevent Atty. Charles C. Amato from representing Jack C. Amato Jr.

Amato Jr. is scheduled to go on trial Jan. 19 before Columbiana County Common Pleas Court Judge C. Ashley Pike on a charge of murder. He’s accused of shooting his wife, Tonia Brundage Amato, 25, about 1:40 p.m. July 1, 2007, in the living room at their home at 1200 Commerce St.

Amato Jr. told police that his wife had fired at him and that he returned fire, shooting her once between the eyes. Authorities seized a .22-caliber pistol and a spent shell and a .45-caliber revolver and a spent shell.

Grimshaw said he wants the judge to disqualify Charles Amato on grounds that a lawyer cannot be both an advocate and a witness in a case.

Charles Amato was in the home at 1200 Commerce St. later on the day of the shooting. He and his brother, Atty. Nick Amato, are handling the defense, along with Atty. James Hartford. The defense attorneys and the defendant are not related.

The special prosecutor said that Charles Amato had been in the house a number of times after the shooting, and “it appears inevitable” that he would be called to testify about the house’s condition.

Grimshaw said that instead of waiting for the trial to begin to discover a problem, he was filing a motion to disqualify Charles Amato.

Hartford said the shooting scene “had been cleared and released” to the family late in the day of the shooting.

It’s not clear when Judge Pike will rule on Grimshaw’s motion.

Grimshaw was appointed to handle the case because the defendant’s father, Dr. Jack Amato, is an active Democrat, as is county Prosecutor Robert Herron.

The defendant also is scheduled to go on trial after the murder charge on other charges after authorities discovered he had weapons and bombs while he was awaiting trial in the murder case.

wilkinson@vindy.com