Judge won’t drop death penalty from case


Jamar Houser
By Ashley Luthern
YOUNGSTOWN
A trial judge maintained that a Youngstown man accused of killing an 80-year-old woman still could receive the death penalty if convicted.
Judge Lou A. D’Apolito of Mahoning County Common Pleas Court overturned a motion by John B. Juhasz, who represents Jamar Houser, to dismiss the death-penalty specification in the case.
Houser, 19, of Volney Road, is accused of the Jan. 23 homicide of Angeline Fimognari outside St. Dominic Church.
Houser will appear in court again at 10 a.m. Nov. 22.
At that time, both sides in the case are hopeful that DNA testing of evidence will be complete.
Judge D’Apolito previously had ruled that a defense expert will be allowed to observe DNA testing of evidence gathered from the surface of Fimognari’s car where someone had touched the vehicle.
It has not been determined who touched the car or if any of that evidence will lead back to Houser.
The testing is being done out of state, said Rebecca L. Doherty, an assistant county prosecutor.
“I want both sides to have a fair trial,” Judge D’Apolito said.
Houser has been in the county jail since his Jan. 29 arrest on a $3 million bond set by Judge Robert Milich of Youngstown Municipal Court.
He originally was scheduled to go on trial on the murder charge April 12.