Houser hearing set for July 15

Staff report

YOUNGSTOWN

A hearing will be at 11 a.m. July 15 before Judge Lou A. D’Apolito for pretrial motions in the capital-murder case of Jamar Houser, the 19-year-old charged with robbing and killing Angeline Fimognari outside St. Dominic Church on Jan. 23.

Among the items prosecuting and defense lawyers will discuss are defense motions concerning jury selection and due process.

Houser, of Volney Road, is charged with aggravated murder with a death-penalty specification and aggravated robbery in the fatal shooting of Fimognari, 80, of Sheridan Road, after a Mass at the church.

In a Wednesday pretrial hearing, defense lawyer John B. Juhasz renewed his request that the prosecution quickly give him any information it has on any alleged “fruits of the crime” that “may have been found at somebody else’s house.”

Judge D’Apolito, of Mahoning County Common Pleas Court, agreed that the defense likely is entitled to that information, and the judge asked the prosecution to respond to the defense request for it by the end of this month.

Dawn Cantalamessa, an assistant county prosecutor, said the prosecution would have DNA evidence tested by LabCorp, with the defense sending its expert from Cellmark to observe the testing.

“The defense has a right to do that, and I think it’s just another check and balance, and I don’t have any objection to that occurring,” the judge said.

The source of the DNA evidence was not identified during the hearing.

Judge D’Apolito said he wants to rule on the pre- trial motions before he sets a firm trial date.