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Judge amends Oakhill order
By Peter Milliken
Wolff to screen filings, decide what to unseal
By PETER H. MILLIKEN
YOUNGSTOWN
A visiting judge has issued a written clarification of his earlier order sealing from public view all pre- trial document filings, except for routine procedural matters, in the Oak- hill Renaissance Place criminal- conspiracy case.
In a supplemental order filed Tuesday, Judge William H. Wolff Jr., of Kettering, who will conduct the jury trial, said the filings will be made under seal; there will be deadlines for objections to public release and responses from the parties’ lawyers; and the judge then will screen the documents for “unduly prejudicial” content before deciding what to unseal.
The judge said he’ll rule on any written objections and responses immediately after the response deadline expires, redact anything he believes shouldn’t be part of the pretrial public record, and unseal the remainder of the filings.
“This case has attracted and will continue to attract significant media coverage,” Judge Wolff said. “In these circumstances, the court is obliged to balance the right of the defendants to a fair trial and the right of the public to be informed.
“The concern of the court is that fair and impartial potential jurors can be found in Mahoning County,” the judge added.
Judge Wolff defined fair and impartial jurors as those “without preconceived notions of how this case should be decided that they cannot set aside due to pretrial publicity.”
The judge said he expects to rule on objections without oral arguments unless the lawyers request oral arguments.
The judge’s order did not say how long the parties would have to object or respond to an objection after a document is filed. The jury trial is set to begin June 6, 2011.
No oral or written motions have been made to seal any documents in this case.
Special Prosecutor Paul M. Nick, chief investigative counsel for the Columbus-based Ohio Ethics Commission, and Joe Bell, Cafaro Co. spokesman, said the written clarification from the judge is consistent with the understanding of the judge’s procedure they had after last Thursday’s initial 90-minute pretrial conference with the judge in chambers.
Nick and Bell, however, declined to comment further.
Bell said the prosecuting and defense lawyers who participated in that conference agreed not to comment publicly about filings in the case or the judge’s orders until further notice.
A Mahoning County grand jury returned a 73-count, 41-page indictment in the criminal- conspiracy case July 28.
Five people and three companies are charged with conspiring to prevent or delay the move of Mahoning County Department of Job and Family Services from Cafaro Co.-owned rented quarters on the city’s East Side to Oakhill Renaissance Place.
Oakhill is the former Forum Health Southside Medical Center, which the county purchased in 2006. JFS moved there the following year.
The defendants charged with conspiracy and other charges are: Anthony M. Cafaro Sr., retired president of the Cafaro Co.; the Cafaro Co. itself and two of its affiliates, the Ohio Valley Mall Co. and the Marion Plaza Inc.; county Commissioner John A.. McNally IV; county Auditor Michael V. Sciortino; former county Treasurer John B. Reardon; and John Zachariah, former JFS director.
Two other defendants indicted in the case are not charged with conspiracy. They are Flora Cafaro, part owner of the Cafaro Co., and Atty. Martin Yavorcik, who are charged only with money laundering in connection with an allegedly concealed $15,000 gift she gave to Yavorcik’s unsuccessful 2008 campaign for county prosecutor. Flora Cafaro is Anthony Cafaro’s sister.