Cafaro’s lawyers: Move up hearing

By PETER H. MILLIKEN

milliken@vindy.com

AKRON

Lawyers for ex-shopping mall executive John J. Cafaro have asked a federal judge to have a detention hearing for Cafaro today, rather than at 11:30 a.m. Monday.

“The detention hearing should be held forthwith in order to protect Mr. Cafaro’s liberty interest,” Attys. Ralph E. Cascarilla and Darrell A. Clay of Cleveland said in their Thursday motion for an expedited detention hearing.

The federal-court Web site, however, as of late Thursday, did not show any detention hearing for Cafaro before Monday.

When Cafaro appeared in court Wednesday for his arraignment, U.S. District Judge John R. Adams ordered him detained because the judge said Cafaro declined to provide his pretrial services officer with the financial information needed for the judge to set the proper bond.

After his arraignment, Cafaro, 58, of Hubbard, was taken to Summit County jail pending Monday’s hearing.

In their written motion filed Thursday, Cascarilla and Clay said a pre-trial services officer told them she was satisfied with records the lawyers provided Wednesday and Thursday, including Cafaro’s federal income-tax returns and schedules for 2006, 2007 and 2008 and his 2009 balance sheet and profit-and-loss statement.

At the arraignment, Cafaro, who retired as vice president of the Cafaro Co. at the end of 2009, pleaded guilty to falsifying campaign contribution information.

Cafaro pleaded guilty to making a materially false statement concerning a contribution he made to the unsuccessful 2004 congressional campaign of his daughter, Capri Cafaro of Liberty, who is now a state senator and senate minority leader.

The elder Cafaro caused an official of his daughter’s congressional campaign to falsely report he had given only $2,000 to her campaign, when, in fact, he gave an additional $10,000 in the form of a loan to a campaign staff member for the campaign’s benefit, the U.S. attorney said.

The legal limit for campaign gifts by individuals was $2,000.

Cascarilla and the judge agreed at the arraignment that Cafaro likely faces up to six months in prison when he is sentenced at 10 a.m. June 8.